49 W. Va. 729 | W. Va. | 1901
The towns of Morgantown, South Morgantown, Seneca and G-reenmount, covering adjoining territory in Monongalia County, existed as separate municipal corporations under dis
The sole question necessary to -be decided, the only one discussed by counsel in oral argument, is the validity of the act of 1901, incorporating the new city and blotting out the four former towns. By common law the legislature has vast powers over municipal corporations. As stated in Hornbrook v. Elmgrove, 40 W. Va. 543, it can make and unmake them at its discretion. Municipal charters are not contracts between the State and towns, or cities, but are simply granted for governmental purposes, as mere instruments chosen by the legislative power to perform certain functions in the administration of the State government. No right vests under them in the towns or cities that is above subsequent legislation. Probasco v. Moundsville, 11 W. Va. 501. The proposition stated in Roby v. Sheppard, 42 W. Va. 289, is not too broad, that is, that the power of the legislature to divide large municipalities, to annul their old charters, to re-organize them, to consolidate small ones, as well as to detach portions of territory from one and annex them to another, to meet the wishes of its residents, or to promote the ■
Ho question arises as to debts of South Morgantown, as the 'common law, as also the act itself, charge the new city with them.
Something was said in the briefs, but not in the oral argument, about irregularity in organizing the new city in the failure to elect councilmen in certain wards. Their places were filled by lawful appointment. Anyhow, the point is immaterial. The new city is existent; South Morgantown is non-existent. The city of Morgantown lives, and the town of South Morgan-town is dead, and cannot sue, cannot raise this point of irregularity for want of life to enable it to sue.
We discharge the rule and refuse to award the writ of mandamus, as the petition on its face sets up the act of 1901, and that act being valid, the petition shows no right to the mandamus.
Rule Discharged.