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This mandamus proceeding was brought for the purpose of interpreting the local option election provision of the West Virginia Racing Statute, W. We find that the cases of Riffle v. West Virginia Racing Commission on July 31, for the construction of a dog racetrack in Cabell County, West Virginia, and caused notice of the tentative approval to be published in the Herald-Dispatch, a Huntington newspaper of general circulation. Law Students. In a county like Cabell, which has in excess of 50, registered voters, it may be reasonably assumed that a substantial number are not actually qualified to vote because they have moved, died, committed a felony, become mentally incompetent, or otherwise lost their franchise in that county. West Virginia Racing Commission, W. Black, W. Anyone may register to vote, and had the Legislature used the term "registered voters," the class would have been definitely ascertainable. Writ denied. II While this Court could engage in substantial linguistic casuistry to arrive at a result which mandates the holding of the election, such discussion would be disingenuous at best. County Court of Kanawha County, W. In the same manner, use of the word "voter" alone would have indicated all those persons who actually voted, again a definitely ascertainable classification. Code, [] which provides for a local option election after the filing of the counterpart petition. County Court of Barbour County, W. Means, Huntington, for Dr.

Ted W. Dog racing, like any other enterprise involving gambling, has historically been subject to extensive regulation by the State under the police power.

I The only substantial question presented to this Court is the proper interpretation of W. Find a Lawyer.

Hankins, Huntington, Ern Reynolds, Manassas, for relator. Smith, U. At the time of the entry of these two orders a determination had not been made concerning the validity of the signatures on the counterpart petition. While the modern libertarian philosophy of minimal government regulation of private morals was given effect by the Amendment to the racing statutes, it is clear that the intention of the Legislature was to permit racing only in those counties where a majority of the population felt that the economic or other advantages of such a venture outweighed its disadvantages.

Enter your email. This formulation has been quoted tri state greyhound approval in Tweel v. The relevant https://kangarooperm.ru/play/red-hawk-casino-free-slot-play.html of this section reads:. Carney M.

Under our interpretation of tri state greyhound statute, 4, signatures were still required in order to place the question on the ballot as 28, persons actually voted at the last general election in Cabell County. The only substantial question presented to tri state greyhound Court is the proper interpretation of W.

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However, on October 12, , the Clerk of the County Commission, at the Commission's request, reported at a regularly scheduled open meeting that he and his staff had determined, by a comparison of the counterpart petition with the voter registration records, that the petition contained the signatures of only 8, qualified voters and not 11, This report was accepted by the County Commission as being true, and by order entered October 15, , the Commission declared the actual number of signatures of qualified voters to be 8, and further declared that there were 56, persons registered to vote in Cabell County at the time of the last general election. On September 29, , a counterpart petition under W. Code, [] was filed with the respondent County Commission of Cabell County requesting a local option election to be held at the next general election in Cabell County on November 2, on the question of the proposed construction and establishment of the dog racetrack in Cabell County. US Federal Law. The relevant text of this section reads: A petition for a local option election on the question of the proposed construction and establishment of a horse or dog racetrack must be signed by qualified voters residing within the county equal to at least fifteen percent of the qualified voters within said county at the last general election. Fifteen percent of 56, is 8,, or more than the number of valid signatures actually submitted on the counterpart petition. If, on the other hand, we interpret the words "qualified voters at the last general election" to mean those persons who actually voted, then there is no question whether they were qualified because their votes passed unchallenged. Carroll County v. Burford, John H. On September 29, , the Commission entered an order accepting the filing of the petition, declaring it to be timely filed, and declaring that it contained the signatures of 11, qualified voters residing in Cabell County. US State Law. Michael Perry, Huntington, for Johnson and Dunfee. If we interpreted the language in question, i. We granted a rule to show cause because the statute is highly ambiguous and required an interpretation before the November general election. Morris v. Other Databases. Accordingly, under relator's interpretation of the statute a far greater number of signatures would be required on the petition for a local option election than under the Commission's interpretation. Layne, William C. Lee, Robert H. Obviously at any given election registered voters far exceed the number of persons actually exercising the franchise. For the foregoing reasons the writ of mandamus for which relator prays is denied. The Commission on October 1, amended this order in several minor ways which did not change the intent and purport of the original order. While this Court could engage in substantial linguistic casuistry to arrive at a result which mandates the holding of the election, such discussion would be disingenuous at best. This case necessarily turns on this Court's conception of what the West Virginia Legislature conceived as the public good. However, absent an inquiry into the circumstances of all persons registered to vote in Cabell County at the last general election, a determination of the "qualified voters" is impossible. We deny relief. Beatty and A. The ambiguity of this statute arises from the use of the words "qualified voters," because it is impossible to determine whether a person is "qualified" unless he has passed challenge. Tri-State Greyhound Racing, Inc. December 21, Robert K. Code, []. We hold that the proper rule of construction is that the statute should be construed in such a way as to give effect to discerned legislative intent. While all of these cases concerned horse racing, their logic applies with equal force to the matter of dog racing which is before us in this case. Supreme Court of Appeals of West Virginia. Johnson Annotate this Case. Notwithstanding the apparent deficiency of signatures, the respondents confirmed the September 29 and October 1 orders which declared the counterpart petition valid and called for the local option election. Consequently, it was the intention of the Legislature to permit local communities to express their preference in this regard at an election if any reasonable number of persons requested a public vote on proposed racetracks. Justia Legal Resources. Clarksburg, W.