The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-22
AS TO THE ELECTION
FOR GREATER WHEELING
Statement ISSUED by Messrs j. n. Bren-
nan and John P. Arbenz, Attorneys
For Citizens Committee

| The following statement was lssueN
| last evening by Messrs J. Harold Bren-
nan and John i. Arbcnz, representing
| the Citizens Committee in explanation
| of the application for the restraining
| order filed in the local courts yesterday
! The bill presented yesterday III inc
! Circuit Court attaching me C!ect'on - "
! ne held on the Greater Wheeling QueS-
! ton prays 10 restrain The cay OF
| Wheeling, it's Mayor and Council, from
proceeding further with preparations tol
| the election. from holding the eIeG ,Lon
| taking any steps looking toward extend
| inE the boundaries OF The CITY OF
! WhccIing-frOm unseatinG any uL tne
, officials of WarwoOd, fuIton' hGa'hrl
/ Valley, Elm Grove and Patterson rom
! taking over the treasures or lhoSc
towns and generally from ooins ID al ,
, acts to deprive them or thclr Coipot a.
| existence. or from doing any act 10
bring in the unincorporatcd territory
I I'm other words the bill seeks to RESTRAIN
/ not only the, election but any othcr Steps
| looking to the carrying out OF the pro
J visions Of the recent act or the leSlsi"
This injunction is sought on two
| grounds: .co.,or
Wheeling Act" as it is commonly caileo'
is unconstitutional.
+ end, The fact that the councils res,
( olution providing for the elcGtlon aIL an
| the notice of such election arc improper
| The claim is made that the act re-
| uuired council to pass resolution SUP
| hitting the question OF Greater Nneei-
| ing to the qualified voters or Inc S!ty
| of Wheeling and Of the territory pro
| poscd to be annexed. Instead OF TINS,
/ according to the bill. council passed a
resolution submitting this question ohly
! to the voters Of the territory descrlpeu
| in the resolution and act-and that Ter
tor
! posed to be annexed and does noo IN,
| clude The City of Wheeling. Inc plil
! states also that the notice OF elcctlon
! follows this resolution and calls an clec,
lion only OF tho voters In the tcrrilopS
| proposcd to be annexed and gives no
, notice to the voters OF Wheeling that
| they have n right or are entitled TO vote
on this question. The clai mis- made IN
the bill that the question must DC rsoI'ff
crIy submitted to the qualified voters or
| both The City of Wheeling and or inc
territory proposed TO be annexed. ana
ms neither the resolution nor the notice
! submits tho question TO inc voters %
! The City of Wheeling. they are both
The constitutionality OF the bill is at
tackled in three different ways: ,,u
! lst On the manner on which the Dill
| was passed. Ai,,
and It's title were drawn. 40,
3rd. On the matter which the Dill
contained. ,u,
In regard to the passage OF the Dill:
the complaint states that Mr.. Harry
| Weiss introduced tn" original Greatcr
| Wheeling Bill in the legislature on Jan
uary 23ri Of the present year ana tnaI
the same was referred TO the House
Committee on Counties DsSttiicos n m,,e
, Municipal Corporations. Noticc was
| given 10 all parties intcrcSled that d
hearing would be held before this com
mittcc and this hearing was regularly
held on February 9Th. AZ that tlmc me
| committee met in open session with the
! corresponding committee from the Sen
ate and all parties Interested were
heard Next day the House Commlttce
made up report and recommended that
| the bill pass but with n certain amcnd-
| mont. accept cd by Mr.. Weiss. giving the
separate municipalities and the unlncor-
| poratcd territory the right to vote as
separate units. This bill went through
its first reading Nhrn II came UP i"i
PLANT filed yesterday, Mr.. Weiss oHGrcd
instead an entirely different hin. which
bill was read only twice in the House
Of Delegates: tho complaint charges that
This action WAS done without any notice
to any Of the parties interested anu
without reference to the committee ana
that no opportunity was given 10 any
ono 10 be heard on the merits ana dG-
merits Of III" new bill. This new bill:
So the complaint states, called special
| election on the annexation question ana
made. for tn" purpose of voting. on" unit
If The City Of Wheeling and ali the out
Iyin,, district rruIruSrd to BE- annexed.
| * The redistribution requires that n bin
| Inc cad three times in each house and
rs this bill was read only iwiC" in the
Iiuus" of Delegates. IN" complaint states
| lint tho hill never hcrann" Il law.
| The complaint further states that the
h;n is improper on account of The man.
nrr in which il was drawn and says in
This regard that the title is bad because
il docs not state the object of the bill
as is rcnnircd by the constitution Of
| Wcst virriuia II rnrs on to state that
| ,Ln ti,ir envs Tho iii is RI amend SECTION
,rbn Ernnirr Wheeling charter and
',,,o;,s M rrr,.r,.nrr In tho extension
| - I,,,,1.iri,e nr Tho CIV nf Wheel.
| ~ ir ~ u,imin,r mn, mo towns nearby
"H, bnr ,,,G ~, ,o say ;hat tho hill II,
IL shtm go % ~ S,'''I,,, - ~