The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-01-28
ARGUMENT FOR
GREATER CITY .
IN HIGH COURT
ONLY TECHNICALTTIES
BY THE DIRECTORS
Decision Soon to Be Handed
Down By the Supreme
Court

Special Dispatch 10 The Intelligencer.
CHARLESTON. w. Va. Jan. 2I;-Ar.
gurnents pro and con on the legality OF
the annexation Of eight Wheeling su-
hurbs OF the city. as a result OF the spe-
cial election held last November. being
contested at the instance OF a Few
suhurbanites. were heard today oy the
state supreme court Of appeals.
Decision of the tribunal is expected
to be handed down in the course OF
few days. rI
In the event Of a decision favorable
Ia thr EreHter city. which Is conuoenti!
lnu;,,d forward To by the lawyers repre-
srntinC the city. Wheeling Will ngure IN
tn" 1920 census az city OF more tha"
70"No population. 49,,
Tuday'S arguments were made py
john p. O'Brien and VI. j. Cullihan
for the city and By Harold Brennan anu
John +. Arbcnz for the objectors.
Por the Greater City.
Counsel for the city, which is the de-
fcndnnt in this case. maintained IN tneI
arguments and briefs submitted to the
court that the entire contention Of the
Plaintiffs, known as 7. L. Hood ana
others. is hased upon mere technicali-
ties. n.
Attorneys J. J. p OBrien and NJ. J.
CullInan went at length INTO me s9Vr
ject. Attacking the TACT that pialntin
maintained that the substitute Dill hao
not been read three times on diHerchI
DAYS IN the house Of representatives,
they cited decisions OF courts on lhe
subject showing that the substitute vas
valid.
In further reply TO the platntin the
attorneys said in their brief: Ine act
in question provides that the council OF
the city of Wheeling should do certain
things preparatory to the election, out
Il does not say that the failure TO 90
these things or any one OF them snaii
render the election invalid. Botn tnc
election call and the notice published IN
Substantial compliance with the oroSi-
sions Of the statute. reading o. tne
entire call would plainly show that 9s
election was for the purpose OF eNtend-
notice provides and designates the
places and the very precincts within anu
without the city limits where the rot-
ing was to take place 49,
The attorneys further attacked INC
statement of the plaintiffs counsel to
the effect that being made a part and
parceI of the city Of Wheeling would in.
lure them Nr. O'Brien declared that
nowhere was II shown what the INJURY
would be. The annexed territory. IL was
pointed out. contains eight different nu-
nicipalitics. each acting and function'nk
Independently Of the other. as well al
the unincorporated territory.
The brief fled in this respect says:
THE whole territory is adjacent 10 tne
city and is built up into an urban com
runity. The conditions now existing
arc almost intolerahle. owing TO th'
number of @rrail muntrtpailties ana IN
dependcnt action. Probably elght per
cant Of the male adults living in IN. rr.
ncxcd territory daily visit Wheeling.
and either have their business or thet:
employment there. All Of these nave
inadequate health. fire and police protec-
lion" :. ,,a;-
arguments. mainly declaring that .'h"r'.
is no ground for the complaint as l"ds'd
iy tho object ors. and called attention /"
fhe fact tina: an overwhelming fhe
ing, In conclusion they called attention
IN the fact that nowhere did plaln'tfs
aIlcgc that annexation would m an
greater burdens of taxation or other-
wise.
.t,orn.vs rcpresenting so OF Wheel
;nc's suburhanites who are resisting the
incorporation Of their districts WITHIN
tho boundaries OF the Greater nc"iins
as provided for IN an election nclo ias
Voyember. today argued and subin!''rd
their case to tn" supteme court OF APP
meals Of West Virginia. Upon this 'ri-
bunal rests the responsibility for an al.
swcr which will decide the Legality ol>
the proposed increased corporate limits
Of Wheeling. ,,
Tho ARGUMENTS on the CONSTITUTIONAL
,v Of tho net nf the Legislature arend- =.
ing tho Greater Wheeling charter "Ire
based on insufficicnc% Of the rrEuiarlE
cf ,bc proceedings. II was alleged ttat
rhe original bill in'r"dnrcd IN the last
session Of tho legislature was suhsttut-
Cd hv bin which was passed lHw
hours before the Legislature adjourned:
The contention was that the ut'e OF
the substitute" WAS insunlcl"ht ana tnat
- s,,bstantiallv changed the character
Of the original bill. and was not q
proper substitute. Further, it was A.
irgrd by the lawyers representing no
nhiectors that the notice OF tho election
ciy,n hy the city council Of Wheeling
wa. limited 10 the people living outside
~" city or outside the original houn-
dary. 49,
case under consideration at this tine.
and will give their decision In the near
future.