The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-03-23
BONDS FOR BRIDGES
HELD GOOD BY COURT

When the council of any city or the
corporate authorities OF any city,
town or village, shall deem it exped-
lent to issue such bonds, an ordinance,
specifying the purpose and amount for
which such bonds are to be issued,
shall be adopted by them in regular
meeting, and 1t shall then be the duty
of the mayor, or where there is no
mayor, of the chief officers OF such
city, town or village, to issue proc
lamation reciting said ordinance, ana
appointing a day at which an election
shall be held by the qualified voters
of such city, town or village, to decide
whether they will ratify or reject said
ordinance Such proclamation shall
be published in all the newspapers
published in such city. town or village
at least once a week for two weeks
previous to the day OF the election,
and where there is no such newspaper
of such proclamation shall be given
by-such men as the town authorities
may consider best calculated to AFFORD
all voters an opportunity to learn It's
contents"
Code of West Virginia 1906, chapter
Ala, section 6:
"Only one ordinance made in pur-
suance of the third section of this act,
ne ct any SASNSSSAAp 49,
that ordinance may specify more than
one purpose for which said bonds are
to be issued; provided, however, that
the amount to be appropriated to each
purpose shall also be specified there
in"
In the ordinance herein mentioned,
of November 21st, 1913, after the pre-
Iiminary recitals, we find this Ian
guage:
"Therefore, be it ordained by the
of the city of Clarksburg,
West Virginia:
FIRST, that in order to procure
funds to the amount OF One Hundred
and Ten Thousand t$1I9,0 00.00l Dol.
lars, to be expended for the foi4oW-
ing purposes, to-wit: To rebuild or
repair the bridge on North Fourth
street, crossing Elk creek into Glen
Elk. in the said city, and to build one
or more than one, new bridge across
said Elk creek, in said city, into Glen
Elk and to open, and extend, streets,
ways and approaches leading to, upon
and from said bridge, or bridges, the
CITY of ClaFksburg do issue series
of hnnds I" &C.
It is true that under the provisions
of section 6, chapter Ala, above quot
ed. where more than one purpose is
to be accomplished by one IS
suance of bonds the amount to be ap-
piled to each purpose should be specl-
fed. Now, although in the ordinance
itself the Language used states tnat
Tho desired FUNDS are to be used TOR
certain purposes&the plural being
used. still / am of opinion that
within the meaning of the statute law
only one purpose was and is IN Iact
contemplated, namely, the repair ana
building of. bridges in the city OF
extending across ELK
creek into Glen elk, and that the Two
or more bridges completed are out
items of the one purpose, and there
being but one purpose contemplated
there is no statutory requirement tnat
the amount to be expended Tor the
various items thereof be detailed. IT
a series of proposed improvements
should contemplate such diversified
matters, as for example, building OF
bridges, laying OF water lines, paving
of streets, building crematory, ana
buiIding a reservoir, clearly d1nerent
purposes would be presented and IN
der the statute the amount TO pc eH-
pended for each should be stated. But
under the ordinance under conslaera-
ton. repeat, it seems to me there
was and is but one purpose IN VleW'
the establishing OF satlsfac-
tory thoroughfares between the mann
portion of the city and Glen Elk.
A number of cases presenting very
similar questions to this case, on lhls
point. are to be found among the re-
norted decisions of the courts of some
pOASSo
CONTINUED on page three)