Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-03-20
ONLY ONE NAY.
Continued From First Page.

Continued From First Page.
cost something to be added to the
already nigh taxes of the town, thus
assuring higher and higher taxes
for a long time in the future
Other reasons have been urged |
against the new charter, but these are |
the principal ones. You ask me If
there is any remedy, and II 50, what
it is. After such examination as the
limited time at my disposal will per-
nit, / am forced to the conclusion
that the Act with all It's hardships
aud inequities, is not unconstitutional
but that the power Of the Legislature
has not been exceeded, in this enact
meut, either under the constitution
OF West Virginia, or Of the United
States, and that If the provisions Of
the Act be pursued in the election OF
Mayor, Recorder, and eouncilnmen
and they quality and take Office, the
Act will become operative, and the,
towns cease to exist. | think the
courts can afford no relief that will
perpetuate the separate town charters
and prevent the cOnsummati0n OF the
se-called greater Morgantown. I
have reached this conclusion reluct
antly, for though | favor greater
Morgantown, yet this is toe great in
embracing altogether too much land
not suited for city purposes and hav-
ing no community Of interest with the
densely populated parts of the town,
and which will not be benefited by
being included. This will work gross
injustice and hardship upon many. /
should have favored vote BY the peo-
pie upon the ratification or rejection
of any act SO sweeping in its effect.
1t has been suggested that if some
Of the towns should fail or refuse to
hold the election, provided for in the
Act, it would fall, and not become
operative. But if Morgantown, that
is, the third ward should hold an
election and elect Mayor, Recorder,
and the four councilmen to which
that ward is entitled under the Act
these six would constitute majority,
and a quorum of the total number
eleven, required by the Act, and they
could transact all business that
the council could, and might ap-
point couneilmen 60 represent the
wards which had failed to elect.
In other words, fill these vacancies.
But If all the towns, or enough of
them failed or refused to vote and no
quorum or majority was elected, then
the Act would fall by reason OF such
failure Of the people to put it into
operation. The paper charter or the
city of Morgantown would exist, but
the city government would not exist
because of the refusal of the voters to
organize it.
What would be the effect Of such
failure on the town of South Morgan
town and the other towns? This is a
more difficult question than any other
presented in the case. We're their
several charters repealed, ipso facto,
and Internationally, by the passage
of the act? Evidently not, by the
peculiar language used. They are
preserved with all the rights and pow
ers therein contained, except so far as
they are in conflict and inconsistent
with the Act creating the new city
The new city does not become cor
poration or entity until the 1st day of
May, 1901, at which time the terms
of office of its Mayor, Recorder and
councilmen begin, and the town gov
ernments manifestIy continue in force
till actually superseded by the new
city government. If the new city
government is never perfected, and
organized by reason of no vote being
taken, will not the town governments
continue from considerations of public
necessity indefinitely? / think they
will, and that the courts must so
hold. GEO. G. STURGIss.
March 18th, 1901.