Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-10-31
Efoar .th< Richmond WAig.

ing, which cannot be TOO soon and too cS
tensively disseminated among the people.
Much doubt u as existed as TO the meaning
OF the Con stituiion, some contcnding that
the fiscal year" ending the 30th Scptem.
Der, WINS tho 'spreccding year" In tho
meaning OF tho Constitution; while
theirs maintained That il was the calendar
year." The Attorney General IL will be
seen, espouscs this latter opinion, and has
the concurrence of the Governor and
Councillors. Thus endorsed, IL will be
generally received and acted upon IN the
approaching election, whether II be right
or wrong ..- ....s
The effect Of the opinion is, that house
keepers, heads OF families. sc, who have
paid n revenue tax for 1870 are voters:
Opinion IF the Executor.
The act passed to provide for the up
pnintrncnt OF Electors OF Presid mt OF the
United States, enacis that the persons
qualified TO vote for the members of The
Genera! Assembly Of th,s Commonwealth
shall assemble at their cnurt houses and
other places of election, and vote for Eicc-
tors.
| The ith section OF the third article OF
the Conuitution proscribrs the qualihca.
lions OF voters for members ofthe General
assembly. After prescribing the interest
in rcal estate which will qualify citizens
who, for twelve months next preceding.
has been house keeper and a head OF II
family within the county, city, borough or
election district where he may offer to
vote, and shall have been assessed with a
part OF the revenue OF tho common W. alth
within the preceding year, and actually
paid the same and no other persons, sh Ill
b. qualified TO vote for mrmbers of the
General. Assembly y. in the My" g..
! a question whether the preceding year,
in this clause Of the Constitution, is the
FISCAL or cllsn lar year, has arisen. aid
nay opinion has becn asked by ths Eyccu
tive on that question. Tho 18Th section
Of the act reducing into one the acts reg
ulating the duties Of the AUDITOR and
! Treasurer, (see Cd Rev'd Code page A.
provides that the fiscal year for this Com
mon wealth shall commence on the first Of
October in every year, and ternrna ell on
The 30:h Of September, the persons emf
tied TO vote are those who were assesse
with and have paid the taxes impo scd by
the act passed the 4ih Of April, 1889; are
tho PERSONS entitled to vote.
The question under consideration can
rarely arse, because the elections are uSu
ally held in some I'M nth OF the calendar
year, occurring before the end OF the e.
cal year, and Of course the preceding cll-
+ endlr anl Fl scal year are for all practical
purposes IN the election the same year.
! u, however, arose in the first election
under the new Constitution; The cleo
ton wrs held on the court days Of tho
month Of October, 1880. The fiscal year
had terminated on the 3oth Scpiember :.
1890. The Assembly met in December.
1880. Tho seat OF Joseph S. iIansbo
, rough, who was returned rs one OF. the
delegates Of The county Of Cul pepper, was
contested by the T. Gibson In scruti
/, nizing the polls, il appeared that three
persons had voted as houSek eepers and
head Of lami res, who had been assessed
with and paid part Of the revenue OF 829
The house OF Delegates decided that these
persons had not the right To vote Two
bther persons had voted rs house. ecpcrs
and hca Is Of families, who bad been as
Scss"d with, and paid part Of the revenue
lof 1929, bit had not been assessed with.
ar paid any part Of the revenue Of 1880
The house Of delegates decided that these
two persons had the right To vote. This
decision is in point, is cnti;lt d 10 grcaI
rcSpec', and | think ought TO be fDl.
loved, unless it clearly appears - be
erroneous
think the decision is right thu *
II probable, in framing this article oG the
constitution, the Convention did not look
TO the hScaI year "a n means OF settling
the construction. The fiscal year is an
artlhcIa! arrangement, made by The statute
TO reduce TO system the accounts OF the
receiving an disbursing officers OF the
Government. IL has never, so far (; AIN
informed been used for any Other pur-
pose. The time Of its commencement m
termination, is probably unknown To most
, OF the citizens Of Inc commonwealth. and
, IS Liable to he changed by the Assembly at
/ us pleasure. The calendar wear is n
9 we'll known division Of time, Of eerma
m9nt Character, rccogD z"d by all our avs
: and entering into all the contracts and
+ business Of life. When the word YEA -
, is used ~ sny Of our laws, either statu
tory or constitutional, the ca'cndar wear
at once occurs TO the Faind as tho time
. intended, II is well settled rule Of in.
, depreciation, ''tbat words are to be under.
stood m their usual and most known siu.
D nIhcalion--not so much regarding the
4 ProPriety OF grammar. as their ge cral
and popular USE" This rule, applied 10
the article Of the constitution, would lead
, Us TO interpret the word "year" to mean
the calendar year" unless there be some
, thing IN the context which denotes thai
the iiscal year is iatended. 10 70, think
the fact that the voter Is qualified by asses.
, ment and payment Of the revenue, can de
, note the fiscal as the year intended. The
assessment IS male under the laws inpos.
ing taxes and in those laws, but sIiph,
regard is paid TO the fiscal year. The
Introductory clause of the law Of 1917
IS as follows "Bc II enacted That the
, taxes for the year 1870, shall be as fol.
lows; no lands" &c. &c. This is the in.
troductoTy clause in all our laws impo.