The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-02-18
TRIBUNAL UPHOLDS
THE GREATER CITY'S
CHARTER VALIDITY
Substance Of Opinion Written
For Court By Judge
Lynch

CHARLESTON. w. Va. Feb. l7.--The
State Supreme Court or Appeals today
decided that Wheeling shall become
Greater City when an opinion WAS hand
ed down, written by Judge Lynch IN
the Injunction case styled I. h. Hood
and others against the City Of Wheel
ing. The plaintiffs in this case sought
to set aside. "A special election held last
fall in which il was decided TO tncor-
rorate surrounding suburban territory
within the corporate limits of Wheeling.
Tho opinion handed down by Judge
Lynch reads:
l.. A bill regularly introduced and
recommended by the proper committee
TO pass. read once and advanced TO be
read a second time on subsequent day
may while at that stage of its progress
be amended either in the mode most
frequently pursued. or by Il substitute
offered and adopted in lieu thereof. pro-
vIded the substitute is not inconsistent
with the main purpose and object "f
the original bill.
.. A substitute bill. " Germainc 70
and not inconsistent with the main pUr-
pose and object OF tho original bill.
need not itself be read three times ON
three differen, days. pursuant I" the re-
ouirement of Section 20 OF Article Of
tho Constitution. but may include as
part OF its required readings thos" and
before tho substitutions was made.
3. The titles OF a bill to amend the
charter OF a city and OF a substitute
therefor having in view the same gem
eral scope and object are not n"cessar-
ily inconEruouS or inconsistent mere
" because the title Of the latter con-
tains 4 more detailed statement "r lcgIs-
lative history Of the origin and subsc-
ouent amendments OF the charter.
4. Where the title OF an orIEnal at
sufficiently expresses its object IN ia"
manner required by TN" constitution.
au act amcndatory thereof. "r to be
substituted therefor. If its provisions
are germaine to the purpose expressed
in tho title Of the original. and not in
consistent thcrcwith. may by IT'S title
simply refer {" tho section Of he orig
mai act which il is Intended 10 amend,
and this will be p sufficient compliance"
with section 81 OF article "f The con-
stitution.
5. Where the language nf hill
enacted into law ~ ambiguous. obscure.
doubtful and uncertain in its meaning.
purpoeesH or effecr. q court. oriinafny'
cannot supply words. phrases or clauses
% remove the defects or supply the
omissions 10 ascertain rh" Legislative"
intent: yet where IA" at - IN sub
stance complete as It stands and the
court can readily and uulmS'akablN
perceive tho object and r'rp"sr L" 10"
effected. this rule does noI apply "a for
bid the Interpretation "t construct ton
that will eftectuate the legislative in.
tenIment.
G. Where the title Of a ball :" amend
the charter Of n city. when r"'iu n con-
nection with the section !" he amend
ed. diScloses the object and purpose "f
the bill to he the annexation - the ,itr
Of territory clearly defined by the bill.
and Within which are several towns in
corporated pursuaur /" provisions Of
chapter 4 OF the code. the title need NOT
necessarily disclose En intention or de-
sign TO effect The annulm"nt Of ih"
charter rights, powers and privileges Of
such incorporated towns. thai hvinG the
inevitable result and ultrrat- cuuse
quencc OF the annexation.
!. An act amending the charter OF
a city by providing for an extension Of
It's boundaries. the inevitable effect of
which. II approved by the Voters. is to
bring within its limits Incorporated
towns lying within the territory an
nexed. is in effect repeal or the char
tcrs of such outlying towns. not oil am
endment thereof. and therefore moi III
conflict with Section 50 Of Article q OF
the Constitution.
g. Where an act Of the legislature
directs that . special election he held
to determine the question Of the extern
sion Of municipal boundaries and pre-
vides the general form of IN" resolution
and notice to be given, II substantial
compliance Herewith is sufficient il IT
gives adequate notice of IN" 'In" and
places Of voting and sufficiently d"siE-
nares the voters authorized /" rariI'i-
DAtA.