each branch shall, within the limits of its statutory powers, be the judge of the election and qualification of its own members, and shall have power to make all needful and proper rules and regulations for the government of its own body, and for the convenient direction and dispatch of its affairs and business. No person shall be eligible as a member of council unless he shall be a citizen of this state and shall have resided in said city for at least three years preceding his election.

Sec. 7. The first branch of council shall be composed of two members elected from each ward of the city, who shall serve for a term of four years, and at the first election under this act there shall be elected one member of said branch from each ward. The first branch shall elect one of their own members as presiding officer, who shall be known as chairman. In the absence of the chairman the members present constituting a quorum may appoint from their own body a chairman pro tempore.

Sec. 8. The first branch shall elect a clerk, who shall in addition to his duties as clerk of the first branch be the clerk of the police court and clerk of all committees of council, except as otherwise directed by council, and said clerk shall receive such salary as shall be fixed by council, and he shall give an official bond in a penalty of not less than one thousand dollars, as council shall prescribe.

Sec. 9. The second branch shall be composed of not less than three members elected from each ward of the city, the total number not to exceed thirty-six members, and they shall hold office for the term of two years and shall elect one of their members to preside over its meetings, who shall be called the president of the second branch of council; and it shall be his duty to preside at all meetings thereof, and in his absence the members present constituting a quorum may appoint some other member as president pro tempore. The president of the second branch shall have authority to adminster oaths within the limits of the city. The members of the second branch shall be elected at the first election held under the new charter and at each and every regular charter election thereafter.

Sec. 10. If any enumeration of the number of persons residing in the several wards of said city, as provided for in section three has been made, council having fixed the number of members of which their representation in the second branch of council there

after shall consist, the whole number of members in said branch not to exceed thirty-six, however, they shall apportion the number of members among the several wards according to the principle of representation hereinbefore fixed, and until such new enumeration and apportionment, the number of members of the second branch of council from each ward shall remain as fixed at present.

Sec. 11. The members of council shall at the time of their elec tion and during their continuance in office be residents respectively of the wards for which they are chosen. The removal of a member from the ward he represents shall vacate his office as such member.

Sec. 12. If any vacancy shall happen in either branch of council, the remaining members of such branch shall as soon thereafter as practicable fill the same by the appointment of some qualified person for the unexpired term.

Sec. 13. Each branch shall have authority to remove any of its members for cause; provided, two-thirds of all the members of which the branch shall then consist, concur in such removal; but the cause of such removal shall be specified and recorded in the minutes of said branch.

Sec. 14. If from any cause an election shall not be held at the proper time for holding the same, it shall be the duty of council to cause such election to be held as soon as practicable thereafter. When a successor for any member of council or officer of the city is not elected and qualified at the proper time, such member or officer shall hold his office until such successor is elected and qualified. If two or more persons receive an equal number of votes for membership in either branch of council so that the proper number of members of such branch be not elected, the members actually elected shall decide between the persons so tied.

Sec. 15. Council may by ordinance prescribe a period after the election of a member of council or officer of the city within which he shall make oath or affirmation required by section five, article four, of the constitution of this state, and give his official bond, if one required, or be considered as having vacated his office.

Meetings and Powers of Council.

Sec. 16. The regular meetings of council shall be held bi-monthly at such place in the city as council may by ordinance appoint. A regular meeting may be adjourned to a specified time. A special meeting of council may be called by the mayor or any number of

members of council specified by ordinance, but at least twentyfour hours' notice of such special meeting shall be given in writing to all of the members that can be found; the call and notice must specify the subject of business that the meeting is called to consider and no business not so specified shall be considered at such meeting. So much of the call as specifies such subjects must be recorded in the minutes of the meeting.

Sec. 17. The presence of a majority of the whole number of each branch of which it shall then consist shall be necessary to constitute a quorum for the transaction of business; but a smaller number may adjourn from time to time and compel the attendance of absent members in such a way as council may have provided by ordi

nance.

Sec. 18. All questions put, except in such matters as are herein or by ordinance otherwise expressly provided for, shall be decided by a majority of the members present.

Sec. 19. Each branch of council shall keep a journal of its proceedings, which shall at all times be open to the inspection of any citizen of said city; and at the request of one of the members present, the ayes and noes on any question shall be taken and entered in the journal.

Sec. 20. No money shall be appropriated by council, no contract on behalf of the city entered into or authorized, nor shall any ordinance be passed unless two-thirds of the members present when the question is put shall concur therein, or unless the same be concurred in at two successive meetings of council held on different days, by a majority of the members present at each of said meetings.

Sec. 21. No member of council shall discuss or vote upon any question in council in which he is interested, otherwise than as a citizen of the city.

Sec. 22. Council shall have authority by ordinance to establish, own and operate water works, gas works, and works for generating electricity for the use of said city, and to sell water and gas for the use of said city, and to sell water and gas from such works to persons or corporations outside as well as within the limits of the city, and the council is further authorized to construct and operate water works for the use of said city at some point to be selected by council, outside of the city limits, and to place and maintain all needed mains, pipes and other fixtures and appliances at such

works and between such works and the city, and for these purposes to acquire and hold, by purchase or condemnation, all needed lands and rights of way, and to own and operate street railways and other works of public utility; to establish and maintain a fire department, police department, health department, crematory and city prison, and for these purposes acquire and hold all necessary real estate by purchase or condemnation, and also to establish and maintain hospitals and cemeteries, either within or outside the limits of the. city, and for these purposes acquire and hold all necessary real estate by purchase or condemnation, outside as well as within the city limits.

Sec. 23. Council may by ordinance provide for the proper weighing or measurement of all hay, straw, grain, stone, coal, coke, lumber, lime, cement, sand, oil, spirituous and malt liquors and wines which may be offered for sale in said city.

Sec. 24. Council may by ordinance establish and construct landings, wharves and docks on any ground which may belong to the said city, and to repair or alter, but not diminish any landing, wharf or dock which has been or shall be so constructed; and to establish and collect rates and taxes for using in any manner the landings, wharves and docks belonging to said city. And they shall further have authority to pass and enforce such ordinance as shall be proper to keep the same in repair, to preserve peace and good order at the same and to regulate the manner in which they shall be used.

Sec. 25. Council may by ordinance purchase both toll bridges or build a bridge over the east channel of the Ohio river, connecting the Island (seventh ward) with the other portions of the city; but no debt shall be created in the making of such purchase, except upon full compliance with the provisions of sections ninety-one and ninety-two of this act. Upon acquiring such bridges council may by ordinance make all needful and reasonable regulations in regard to the care thereof, and in regard to any tolls that may be earned thereon by contract, or may be charged thereon to provide for the maintenance thereof.

Sec. 26. Council may by ordinance regulate the building of bridges over the Wheeling creek within the city, and the use of the bed and banks thereof by abutting owners or other persons, so that the channel shall not be obstructed, and neither the stream nor banks shall be rendered offensive, unsightly or unhealthful.

Sec. 27. Council may by ordinance establish markets in and for said city; to appoint the time and places for holding the same; to provide suitable buildings therefor and to ordain and enforce such regulations respecting the markets as in their opinion the convenience or interest of the inhabitants of said city shall require. They shall further have authority to ordain and enforce such regulations as shall be necessary or proper to prevent forestalling the markets.

Sec. 28. If any ground in the said city shall be subject to be covered by stagnant water, or if the owner or owners, occupier or occupiers thereof, shall permit any offensive or unwholesome substances to remain or accumulate thereon, council may by ordinance cause such ground to be filled up or drained, or to cause such substance to be covered up, or to be removed therefrom, and to collect the expenses of so doing from the said owner or owners, occupier or occupiers, or any of them, by distress and sale, in the same. manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected. Provided, however, that at least five days' notice of what is required shall be first given to the said owners or their agents.

In case of nonresident owners who have no agent in said city, such notice may be given by publication, for not less than ten days, in some newspaper printed in said city.

Sec. 29. Council may pass such ordinances as shall be necessary or proper to secure the inhabitants of said city against thieves, robbers, burglars, persons carrying concealed weapons, and all other persons violating the public peace of said city; for the suppression of riots and gaming, for the prevention and punishment of lewd, lascivious, indecent or disorderly conduct in said city; they shall also have the authority to provide in like manner for preventing children from running or being at large in the streets, commons, parks, fair grounds, or other places within the city at night; they shall also have authority to provide for the prevention of cruelty to animals, and of cruelty by neglect or otherwise, to aged, feeble or imbecile persons, or children within the city.

Sec. 30. Council may by ordinance require that suitable magazines or places shall be provided in or near said city for the storage of gun powder, dynamite, petroleum and the volatile products thereof, and all explosives, combustible and dangerous articles, and to make and enforce such regulations as they may deem necessary