Frazier v. Easley

• Decision Date: 02 May 1939
• Docket Number: 8912.
• Citation: 2 S.E.2d 769,121 W.Va. 230
• Parties: FRAZIER et al. v. EASLEY, Judge, et al.
• Court: West Virginia Supreme Court

2 S.E.2d 769

121 W.Va. 230

FRAZIER et al. v. EASLEY, Judge, et al.

No. 8912.

Supreme Court of Appeals of West Virginia.

May 2, 1939

Arthur F. Kingdon, of Bluefield, for petitioners.

Luther G. Scott, of Bluefield, for respondents.

FOX President.

This proceeding involves the construction of Article 6 of Chapter 56, Acts of the Legislature 1937, and especially Section 25 thereof under which the circuit court of any county is, under certain circumstances and upon notice and hearing, authorized to make minor boundary adjustments of municipalities coming within the act.

The City of Bluefield, a municipal corporation coming within the terms of the act, filed with the circuit court of Mercer County a petition to extend the boundaries of said municipality to include a boundary of about fifty-seven acres of land. On February 8, 1939, be circuit court being of the opinion that the proposed annexation of territory was a minor boundary adjustment, entered an order fixing the 13th day of March, 1939, as the date for a hearing upon the allegations of the petition filed, setting up the boundaries of the territory proposed to be annexed and directing publication of a copy of said petition in a local newspaper. The petition filed in this court prays for a writ of prohibition against the judge of the circuit court of Mercer County and the board of directors of the City of Bluefield, averring that said court is without jurisdiction to hear the said petition or to annex said territory, and on this petition a rule in prohibition was awarded.

Chapter 56, Acts of the Legislature 1937 (Ch. 8A, Michie Code 1937) is known as the "Municipal Home Rule Law", and was enacted under authority of Section 39(a), Article 6 of the Const itution of this state, which reads as follows: "No local or special law shall hereafter be passed incorporating cities, towns or villages, or amending their charters. The legislature shall provide by general laws for the incorporation and government of cities, towns and villages and shall classify such municipal corporations, upon the basis of population, into not less than two nor more than five classes. Such general laws shall restrict the powers of such cites, towns and villages to borrow money and contract debts, and shall limit the rate of taxes for municipal purposes, in accordance with section one, article ten of the constitution of the state of West Virginia. Under such general laws, the electors of each municipal corporation wherein the population exceeds two thousand, shall have power and authority to frame, adopt and amend the charter of such corporation, or to amend an existing charter thereof, and through its legally constituted authority, may pass all laws and ordinances relating to its municipal affairs: Provided That any such charter or amendment thereto, and any such law or ordinance so adopted, shall be invalid and void if inconsistent or in conflict with this constitution or the general laws of the state then in effect, or thereafter, from time to time enacted."

From a reading of this constitutional provision, it will be noted that no local or special law may hereafter be enacted incorporating cities, towns or villages or amending their charters. It is conceded that the City of Bluefield is acting under a special...