Elder v. Incorp.Orators Of Cent. City

• Decision Date: 27 March 1895
• Court: West Virginia Supreme Court
• Parties: ELDER et al. v. INCORPORATORS OF CENTRAL CITY.

21 S.E. 738
40 W.Va. 222

ELDER et al.
v.
INCORPORATORS OF CENTRAL CITY.

Supreme Court of Appeals of West Virginia.

March 27, 1895.

Special Legislation—Incorporation of Municipalities.

Chapter 47 of the Code, in relation to the incorporation of cities, towns, and villages, in so far as it confers on the circuit court functions in their nature judicial and administrative, although in furtherance of the power of the legislative department of the state government, is constitutional and valid.

(Syllabus by the Court)

Error to circuit court, Cabell county.

On the application of J. S. Farr and others, the town of Central City was incorporated by order of the circuit court, from which order B. D. Elder and others bring error. Affirmed.

C. S. Welch and Simms & Enslow, for plaintiffs in error.

Geo. J. McComas, for defendants In error.

HOLT, P. The circuit court of Cabell county, on petition of J. S. Farr and others, by order entered on the 31st day of July, 1893, directed a certificate of incorporation to be issued of a part of Guyandotte district as a town by the name of Central City, from which order B. D. Elder and others ob tained this writ of error. In 1872 the organization of many parts of the state into municipal corporations, for the purpose of local self-government, had become a matter of frequent and urgent necessity. The framers of the constitution thought that this need in the great majority of cases could be met more efficiently and impartially by a general law than by a great multitude of special enactments; hence section 39 of article 6 of the constitution prescribes that the legislature shall not pass special laws incorporating cities, towns, or villages, or amending the charter of any city, town, or village, containing a population of less than 2, 000, but should provide for the same by general law. Thereupon the legislature enacted chapter 47 of the Code—see Code, p. 421 (Ed. 1891), —which provides that any part of any district or districts not included within any incorporated town, village, or city, and containing a resident population of not less than 100 persons, and if it shall include within its boundaries a territory of not less than one-quarter of one square mile in extent, may be incorporated as a city, town, or village, under the provisions of this chapter. It then provides that an accurate survey and map shall be made of the territory; that a census of the resident population shall be taken; public notice thereof be given that application will...