The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-09-24
LOCATION OF SHADE
TREES CAUSES A
LOSS IN FERTILITY

submitting the matter TO popular
| vote. II so, and Of that there can be
no doubt, the only road construction
material that can be used II the ma
terial authorized by them. Assent was
not given to the use OF any material
other than that so specified and It's
constituent elements. That is the only
reasonable and legitimate conclusion
or construction to be placed upon the
I proposition to which the voters gave
their consent. BY that construction
me county court Is bound. as well as
ny IT'S approval Of the prayer Of the
petition asking for the public improve
ments. This construction is strength
ened and supported by the further
! consideration that the county court adj
vertised for bids for the construction
OF concrete roads.
After the advertisement for and re-
ceipt Of such bids. the county court
ascertained that the funds so author
lied were insufficient for that pur-
pose. With this Information before
1t, and no doubt moved BY desire to
better road conditions in Portland dis
trict, the county court entered an or
der, copy Of which is exhibited with
the bill, which, after reciting the re-
suit OF the bidding and the inadequacy
OF the funds as ascertained therefrom,
found that the proceeds from the au-
thorized bond issue was sufficient to
build and improve such roads by the
use OF water-bound macadam; that
changes such as would make possible
the application Of 1t within the limits
OF the funds available, and was form
OF construction authorized by law and
mentioned by the petitioners in the pc
tition calling for the election. The
court, thereupon, ordered that the
feasibility and propriety OF the ma
cadam construction be considered, and
that the question OF awarding con-
tracts therefor be postponed for CON
sideration until the next regular term
of that court. II was further ordered
that additional bids be taken and CON
sidered at that time. From the Ian
guage of this order. the terms Of
which are certain and unequivocal,
1t is evident the county court con-
templated the use of a material in
the construction Of the roads different
from that specified in the petition and
the order OF submission TO the voters.
An attempt is made, which we think
is not authorized by the language re-
lied on, TO Justify the action of the
county court in the change OF mater
ial, by the phrase "ln such manner as
Is prescribed by law contained in the
petition and the order OF the county
court above quoted. This phrase, cou-
pied as 1t is with specification of the
material approved by the voters can
not reasonably be construed in justi-
hcation Of the substitution Of water
bound macadam In lieu Of Concrete
| and such other materials as are re-
qulred to complete the work in the
manner prescribed by law" General
| terms cannot be permitted to operate
adversely to definite and well defined
terms. 1t is not permissible TO as
sumo or conclude that the phrase of
injected into the petition and order
was understood to authorize the is
suance of bonds for any purpose other
than that particularly specified Such
an assumption is not warranted. 1t
is wholly inconsistent with the ex-
| pllcit language referred to. In addi-
| tlon to the other matters discussed and
decided. the demurrer and Diminishing
the bill because Of alleged insufficient
| cy. The bill AYERS that the county
court "contemplates" the use OF wa
ter-bound macadam in effecting the
proposed improvement Contemplate"
is word Of comprehensive meaning.
AS defined by the standard dictionary,
it means Ito consider with a view OF
accomplishing: intend; plan" The
bill substantially charges that, not
withstanding the voters gave their
consent for the construction of con-
crete roads, the county court intends
to use wholly different material.
This, we have seen, 1t cannot do, but
is limited to the use of the material
which the voters specially authorized.
These averments. coupled with others
tlready noted, render the bill sufficient
n demurrer. This being so, 1t is clear
the action of the circuit court in sus-
tanning the demurrer and Diminishing
the bill was erroneous.
For this reason, the decree OF the
court must be reversed, the demurrer
overruled, and the cause remanded.
Such Will be the order entered here.