Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-10-15

| rate the Auditor was entitled, from ana IN"
GLIDING tho goth day OF June last up to
the first of this month, to the sum OF
S42O,s2, but has received as above 1910.
an excess of $454,lS. For the same period
the Secretary was entitled to the sum OF
$884,72. but has received, AS above the
sum of $75S, and excess of $685.
LEWIS BALLARD, Chairman.
REPORT OF THE JUDICIARY COMMITTEE ON
tbs SANS sUBJECT, AS TO THIS RIGHT or
THE OFFICERS or sIE NEW STAIR TO DRAW
SALARY FOR TIME DURING WHICH THE
STATE WAS NOT IN EXISTENCE.
The Committee on the Judiciary. in re-
spouse to IL resolutiOh'0f the House, III.
structing them to report the proper con-
struCtiOn of the second section OF an
Ordinance of the Constitutional COnven-
ton, entitled "Au OrdiI &c to provide tor
the organization of the State of West Vir-
ginia," passed February 10, 1853, respect
fully report AS follows:
The section referred to is in the follow
ing words: "The terms of Office OF the
persons then to be elected shall commence
on and include the sixty first day from the
date of said proclamation but shall cOu-
tinue and be computed, as If the same had
begun on the first day of January, one
thousand eight hundred and sixty three !;
except that the terms of Governor, Secretary
of the State, Treasurer and Auditor, shall
continue aud be computed, as il the same
had begun on the fourth day Of March,
one thousand eight hundred aud sixty
three" The proclamation referred to, as
appears from the first section of the same
ordinance, is the proclamation of the
President of the United States issued un-
der the Act of Congress admitting this
State into the Union, by the terms
of which, such admission was to
be complete ut the expiration of sixty days
from the date of such proclamation. The
election referred to, is that of Senators and
Delegates, Governor, Secretary of the
State, Treasurer, Auditor, Attorney Cen
eraI, Judges ofthe Court Of Appeals, Judges
and Clerks of the Circuit Courts, SheriffS,
Prosecuting Attorneys, Surveyors OF Lands,
and Recorders. appointed by the said first
section to be held on the Thursday uext
succeeding the thirty fifth day from the
date of the said proclamation.
The committee are informed that this re-
mort is called for from the fact that doubts
have been expressed by some whose opin
ions are entitled to respect, whether the
Executive and the Judges and other sNlR-
ricd officers above mentioned, are not en-
titled to demand payment of their salaries
from the fourth day of March and the first
day OF January last, respectively, from
| which days their terms Of office, according
to their view of said second session, are to
be computed. The committee are aware
that no expression Of opinion or other ac-
ton of the Legislature can give An author
iLativU interpretation of tie constitution
and accompanying ordinances; but mas
much as not only the Attorney General,
but every Judge of the State, is personally
Interested in the question raised by the res
Olution Of the House, to which this report
is response, there is a peculiar prOpriety
in the Legislature declaring their view of
tho true Interpretation of the section above
mentioned.
The language of that section is so plain
and explicit as to leave no doubt on the
mind of any of the committee as to its true
and obvious interpretation, or as to the
intention of its trainers. There cannot,
certainly, be even plausible pretence that
the convention intended that any officer
should draw pay for period which elapsed
previous, as well to his election as to
the commencement of his term Of service,
and in fact before the State to which his
services are due, had an existence.
The section under consideration says
that "the terms OF office Of the persons
then to be elected, shall commence on aud
include the sixty first day from the date of
said proclamation" which fell on the TWEEN.
tieth day of June last, the date of the in
auguratiOn Of our State. term which
it is positively declared shall commence
on certain day, can by no possible gram.
NAUTICAL construction of the words used, be
Inferred to be intended to commence on u
; day occurring more than three months
previous. If the words Commence on the
sixty first day" were at all indefinite, such
Indebtedness would be removed by the
| do 40 "A 10 ;,, 10
sentence, which, in the connection in
which they are used, plainly imply that no
previous day was intended to be included.
, The committee might stop here, as they
have shown that the words of the section
under consideration are positive and admit
of bnt one construction. But If their
meaning was less clear, that which the
committee has given them could be sus.
tanned by every rule of construction Rppli-
cable to the case. We are told by legal
authority, that in the Interpretation of the
statute, the motives which led to the max
ing of 1t, the object in contemplation, and
the circumstances under which it was made
may be considered when there is any am
biguity in its language, or where literal
Interpretation would convict its makers of
uttering an absurdity. 1t may therefore
be proper to inquire whittier such consid
eratiOns would affect the Interpretation
above given.
} By the seventh section of the third arti-
} Gle of the Constitution it is provided; that
the terms OF State and county officers mot
elected or appointed to ill a vacancy, shall,
unless herein otherwise provided, begin on
the first day of January next succeeding
their election" and that elections to ali
} vacancies shall be for the unexpired term /"
: BY the first section of the fifth article It is
, | LII 81 n 81 -
Office for the term of two years, to com. .
menoe on the fourth day of March next
succeeding his election y aud by the sew
anlh sacIinn of the aamn nEiinln HAT liz