The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-01-03
ASK COURT To
REOPEN CASE
GREATER WHEELING OPPONENTS
WANT CHANCE TO FILE CERTL-
FED COPIES or LEGISLATURE
RECORDS.
JUDGES ADDLEMAN AND SOAER
WILLIE DISSOLVE TE1EPORART
INJUNCTION HOLDING UP
GREATER CITY ACT.
NOTIFICATION OF CoURT's ACTION
TO BE SENT OFFICIALS OF AN
NEXED TERRITORY-ofF1C
PERSONNEL TO HOLD OFTrCE.

Attorneys for the opponents Of
Greater Wheeling viii appear BEFORE
Judges l. NJ. Addlcman and J. b; SOM
crvillc of the circuit court To-Day TO
ion handed down yesterday sustaining
the city'S motion to dissolve the tenn
porary injunction granted BY Supreine
court Judge Toncnharscr. The motion
may file sertificd copies OF the House
OF Delegates and Senat" acts passed IN
regard tn Greater Wheeling.
Yesterday afternoon Judge Addleman
md Judge Sumcrvillc gave an opinion
stating that the temporary Injunction
granted By JusEe George r. Pofcnbar-
ger Of the supreme court would be dis
solved. The formal order for this ac-
lion will he flied today with the clerk
Of the circuit court. John L. kinShorn.
liritor J. J. p. O'Bricn and Attorney NJ
J. Cullinan to dissolve Judge Pohrn-
bargrr's temporary restraining. order
the circuit court judges state that the
only eNidcrc" in support OF the conten-
ton OF Greater Wheeling opponents
that the Greater Wheeling act was only
read twice in the state House OF Dele
SnteS, is to be found in certain eXhibits
filed with the proponents bill and rur-
porting to be copies of portions OF the
journals Of the senate and house. Of del
cgates OF the session OF l9l?.
These exhibits" says tho opinion,
"arc not certified and are objected TO
by the defendants for that reason and
ms these exhibits do not. comply with
The requirements "f this stature. they
such compliance there is no evidence
before us as 20 whether the statute IN
volvcd was read. as the constltutioh
requires. or not. and in tho absence. or
such evidcnc" II must be presumed that
IL was so read.
IS section IS of chapter - Of tho code,
bring section Glo Of Ho=S" code OF 1913.
which provides that the journals, papers
and docums nts of each house snail Do
in the custody of it's clerk and copies
certified :" by him shall be in evidence
in ke manner as the oriSinai. ....-
CITY Man IEcr Charles O. Ephlin stat
ed yesterday that notification OF the
courts action would be sent IN every
official ~ tho eight towns wh'ch are 10
become. pat "f the Greater 10y I'M Z,
tho police and h,c officials Of these
towns II they wish TO remain in office.
Steps to regain III" time last by the
CITY hy The int"rf"rcn"c with the Great
er Wheeling ACT. which states that no
ordinances should be passed from the
date OF the election until the towns
were merged with the city. are being
taken n: the present time.
The population Of III" Greater city
There are three modern high schools
IN this district. including the Wheeling
school. Other civic institutions Ar" IN
ratio. Wheeling Is now unuucsunhsnLy
the largest city in the state. - inc
merger nuts Huntington far in III" rear.
The attempt 10 enjcin the Greater
Wheeling act will he carried 70 supreme
Court bv the opponents Of tho issue,
Attorneys ]. Harold Brennan and John
p. Arbenz announced.