The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-24

charleston, w. Va, NOV. rs - IN
Constanza versus Robinson. Sup
writ Of prohibition.
(Signed) VIM B. Matthews.
The above message from Supreme
Attorney Tom b. Foulk Of Wheeling,
announced the result Of the fight OF
Frank Constanza, Warwood cool mine
and heavy truck owner, to halt the
trial OF city cases against Constanza ior
alleged violations Of the city's truck
Ing ordinances, now pending as appeals
in the ohio county criminal court.
The writ grantee by the supreme
court prohibits criminal court Judge
Alan H. Robinson from exercising-any
jurisdiction whatsoever in the truck
cases Of the city against Constanza.
In the brief submitted to the supreme
court three weeks ago, Constanza's
counsel alleged that the action under
stituted in the police court was later
repealed In q new ordinance adopted by
city council, without clause having
been inserted to save the prosecution
started when the old ordinance was IN
effect.
While the old ordinance. cGncerning
certain regulations of trucks. VAS still
in effect, Frank Constanza was hned
500 In police court for an alleged viola
ton Of one section Of the ordinance: He
appeal pending, council repealed the sec
ton in question without the saving
clause for prosecutions already sMrteo.
Constanza alleged before the supreme
court that this halted the prosecution.
and that the failure to insert the clause
saving prosecutions invalidates the ne"
ordinance.
The supreme court handed down optn-
Ions in six other cases, as follows;
nInr hn
Cora A. HetEel ct al. appealed from
Randolph county circuit court. affirmed.
City Of Elkins against Elkins Electric
Railway company. appealed from han-
dolph county, reversed. renamed
against Alan H. Robinson. judge. APP
pealed from Wheeling. Ohio county
writ of prohibition awarded.
Arthur l.. Foreman against MRude l..
Roush ct nj appealed from Mason coun-
ty, reversed.
NJ. r. Durkin Donohoe against From
tiah Collett ct al, appealed from Ran
dolph county, bill dismissed.
State against B. B. Galford. appealed
from Pocahontas county; judgement re-
versed, verdict set aside, new trial
The case Of the City Of Elkins against
the Elkins Electric Railway comrSpS ~
al, involved a bond conditioned 10 pay
to tho municipal corporation such lana M.
removal of street railway tracks there
from. The opinion OF the court was
written by Judge Harold Ritz.
In the case Of Arthur l.. Foreman
against Maude N. Roush eft al, the court
ruled II is not necessary to the validity
of n deed that actual manual delivery
thereof be made by the Eranter 70 tne
grantees. Delivery. the court ruled. ~
in many cases matter of intention and
where il appeared to be enectire as q
conveyance Of his estate 1t Shall be helo
to have been delivered.
In the case Of Minnie Cunningham et
Ial, against Cora A. Hultzel the court
rm,cd that n deed granting the right to
cut and remove all the timber on q
tract of land, except one species there
Of within ten years from its date. upon
a substantial pecuniary consideration,
vests in the grantee and his assigns an
irrevocable right to do the acts contem-
plated by it, l.,
tho case Of the state in relation to
Frank Constanza against Alan n. Rob.
inson, Judge. The court ruled that sec
ton :, and whereof an ordinance OF tho
CITY of Wheeling relating to the opera
ton Of motor vehicles upon It's streets
was in conflict with the state good
roads law and therefore invalid and un-
enforceable, IN the absence OF specinc
authority conferred by the legislature
In the case Of the state against b.
T. Galford, the court ruled that q oe-
fnndant charged with commission OF
criminal oifense may testify In MS own
behalf and that jury cannon arpitr~T
ily refuse to consider his testimony, II
was ruled that malice, express OF an
in tho first degree and, II 1t IS aosent,
the ofrense IL Of no higher grade than
voluntary manslauHnter.