The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1864-01-21

TeiWuuISSu oub DI the luDQ W
the act Of Congress- referred to, but the
companies, after serving for nearly ., year
without any pay, and without any subsist
ence or clothing, except what they provid
ed for themselves, we're disbanded, to get
along as best they could. with individual
debts resting on them, which they had In
Cured for necessaries while serving the
State, This injustice should be repaired
and the State also should be reinbursed fol
her expenditures. It viii be recoflected
that during the last session, I recommended
that Committee be appointed to ascertain
the amount Of these claims with view to
secure their payment from the Govern.
menta "A committee was appointed but
there was noT9report made.bsAIfe il
shall be thought 7Otbat g. committee
of the Legislatures can not ,qconVe,
nientiy and satisfactorily audit and ascer,
tain the amount of these claims, | would
recommend that the cAdjutant- General be
authorized to audit and ascertain them, and
that he be allowed an additional clerk while
30 engaged, if he deems it necessary. II
this is done, there can be little doubt that
the money will be paid out ef-tae fund
mentioned, or by special appropriation by
Congress for the purpose }&yoooJ II
As authorised by the Constitution, And
an act of the last session of the Legislature,
1 have rsmitted aussimpossdIby the courts,
in two Cases; and I am required BY tho Lon;
stitution to communicate to you the partic-
ulars of each case, and my reasons forc re-
mtting the 6ae. One case was y tine OF
$50, imposed on John Erwin, by the Cir
cult Court of Brooke county, at the Mo-
vember term, 1863, for retailing ardent
spirits without license. He bad obtained
license from the United States, and there
was no tribunal Or officer authorized to
grant State license. He was advised by le.
gal counsel that he had right to SELL, The
evidence shows that he was in good faith
laboring under the impression that he had
a right to sell, and that be bears the char
acter of q law-abiding man. Irsmitted the
fine because Erwin was labofing under q
Misrepresentation of his rights, is of gsod
character, aud it wss recommended BY. the
Judge and aeHaoity efIthe ejntyg Wig tfied
the case. The other casewas = fneef 500
imposed on James Clifford, by. ths Circuit
Court OF Harrison county at the Septem-
ber term, 1853, for retailing ardent spirits
without license. He had the tax assessed
by the Commissioner of Revenue, and paid
the amount to the Sheriff, bat there was
no tribunal or officer authorized to grant Ii
censs. He took the advice of the proaecu
ting Attorney of the county, who told him
that he had right to sell. | remitted the
fine because the evidence shows that Chf'
ford acted in good faith, made the sale un-
der misapprehension of his rights, and it
was recommended by q majority Of the jury
who tried the case. 40. gs,. .a-.
In the law passed at the last session on
the subject Of county organization, it is
provided that there shall be county treas
urer, into whose hands the sheriff is re-
quired to pay the levies collected by him
for county purposes, and tho latter is to
pay it to the parties entitled, and each O.
ticer is allowed commission for receiving
and paying over the money. see no rea-
son why the sheriff could not pay the mouey
directly to the persons having claims
against the country, and thus save to every
county in the State, a useless expenditure
of mu,ey in the payment of q supernu-
merary officer. It may DO seen that DO
such officer is required by the Constitution,
and, being wholly unnecessary, | recon
mend that the law be So amended as to
abolish it. and require the sheriff to per-
form its duties.
The law providing for dividing the coun
ties into townships, requires the report OF
the commissioners containing the descrip-
ton of the boundaries Of the townshisp, to
be fled in the Recorders office. 1t seems
to me that these boundaries may become,
if they are not now, a matter of too much
importance, to be left on loose pieces of pa
per, liable to be lost OF. mislaid at any time.
I recommend that the Recorder of each
county be required to record them in the
deed book of his Office, and that the Super
visors be required to pay him therefor.
Z There are many inducements to those
seeking comfortable homes and profitable
investments of their means, to come into
our midst; yet l may be pardoned for call
ing your attention to the mineral resources
of our State, which remain in great mea-
sure undeveloped, and only await the hand
of enterprise and industry to make her one
of the richest in the Union. But it is not
to be expected that capitalists are going 10
explore the country at their own expense,
merely for the purpose of ascsrtaining
whether it contains sources Of wealth or not.
Certainly if We rely upon this, these hidden
treasures will come to light very slowly
/ therefore recommend the passage Of law
authorizing the appointment Of State
Geologist, with-a reasonable compensation,
whose duty it shall be, as soon as il is pos
sible for him to. do so safely, to go into
every county in the State and make careful
examinations and explorations, and make
such report OF what may be found there, as
will enable strangers, as well as our own
citizens, to become more fa0ihsr with this
inviting field for remuneTstive investments
of capital.
81 It may be seen from the Adju,ant Gsnsr-
ais report, that what is now the State of
West Virginia, has furnished %, ,299 volun-
teess to tie Government army during the
present war; of whom l9, l46 wsr, for three
wears, and !, ,l53 for six months service. If
the time of the l,l53 six months men is so