The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-05
4 Continued from yesterday.l

Apply, in the name OF the City, TO q
court of competent Jurisdiction for an
order OF injunct to restrain the mis-.
apple ation of funds OF the city, OF
the abuse of its corporate powers, or
the execution or performance Of any
contract made in behalf OF the city
in contravention of law, or which was
procured. by fraud or corruption.
Section IS. When an obligation or
contract made on behalf OF the city
granting right or easement, or ere.
attng a public duty, is being eyaded
or violated, the city attorney shall
| likewise apply for the forfeiture or the
SPECIFIC performance thereof as the
nature OF the case requires.
/ Section SO, In case any officer or
board fail TO perform any duty re.
tquired by law, the city attorney shall
apply TO a.court OF competent iuris.
] diction for writ OF mandamus TO
compel the performance OF such duty.
Section 4 90. In case the city attor.
ney, upon written request OF any tax.
payer OF the city, fail to make any ap.
plication provided for the preceding
three sections, such taxpayer may in.
stitute suit or proceedings for such
purpose In his own name or behalf OF
court until such requests TO the city
attorney shall first have been made,
nor until theitaxpayer shall have given
security for costs OF. the proceeding.
Section 81. No such action to en-.
join the performance OF a contract en-.
tered into, or the, payment OF any
bonds or notes issued by the city, shall
be brought or maintained unless com.
menced within one year from the date
of such contract, bonds or notes.
Section 90. IL the court hearing
any such action be satisfied that the
taxpayer had good cause to believe
his allegations were well founded, or
that they are sufficient in Law. It shall
make such order as the equity and
Justice OF the case demand. In such
case the taxpayer shall be allowed
his costs. and II Judgment be finally
entered IN his favor, he may be al.
lowed as part OF the costs a reason.
able compensation for his attorney.
General Powers and Duties.
Section 49, Subject to the super.
vision and control OF the board of di.
reclors In all matters tho director of
law and public welfare shall manage
all charitable. correctional, and reform.
atory institutions and agencies belong.
ing to the city; the use OF all recrea.
tional facilities Of the city, including
parks and paly grounds. He shall
have charge of the inspection and su.
nervision of all public amusements and
entertainments. lie shall enforce all
laws, ordinances, and regulations rel.
alive to the preservation and promo.
ton oil. the public health. the proven.
tion and restriction OF disease. the
prevention, abatement and suppress.
sion OF nuisanCes, and the sanitary in.
spection and supervision Of the produc.
ton, transportation. storage and sale
of toodstuffs. He may cause a com.
plete and accurate system OF vital
statistics TO be. kept. In time of cpl.
demic or threatened epidemic; he
may nforce such quarantine and iso.
lation regulations as are appropriate
to the mergency.. The director OF
law and public 0welfare may provide
for the study of and research into the
causes Of poverty, delinquency, crime
and disease and other social prob.
lens In the community and may,
by means Of lectures and exhibits pro.
mote the education and understand.
ing Of the community in those mat.
tiers which affect the public welfare.
Health Officer.
Section "a. The health officer OF the
city shall be under the direction and
control OF the director of law and pub.
lie welfare and shall enforce all or.
dinances and laws relating TO health,
and shall perform all duties and have
all the powers provided by general
law relative to the public health to be
exercised in municipalities by health
officers, provided, that regulations af.
fecting the public health additional to
those established by general law and
for the violation Of which penalties
are imposed shall be enacted by the
board Of directors, and enforced as
provided herein.
Section IS. Subject to the super.
vision and control Of the board Of di.
rectors in all matters, the director OF
law and public welfare shall be the
executive head OF the divisions OF
police and fire. He shall also be the
chief administrative authority In all
matters aectSng the inspection and
regulation OF the erection, maintenance
repair and occupancy Of buildings as
may be ordained by the boardof direct.
ors, or established by the general law
OF the state OF West Virginia. He
shall laso be charged with the enforce,
ment OF all laws and ordinances re-
lating to weights and measures.
Division Of Police.
The chief of Police shall have ex.
elusive control Of the stationing and
transfer of all patrolmen and other
officers and employees constituting the
police force, under such rules and
regulations al the dire tcroof law and
public welfare may prescribe. The
police force shall consist OF a chief Of
police and such officers. patrolmen and
other officers and employees constitut.
ing the police force. under such rules
and regulations as the director OF law
and public welfare may prescribe. The
police force shall be composed OF a
chief of police and such officers, patrol.
men and other employees as the board
Of directors may determine. In case
of riot, emergency at election time, or
similar occasions. the director of law
and public welfare may appoint add.