The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-20
...edom of speech and of shs Pres.

this State and the pubic geheraiiS W
the following hill which has now been
passed by both branches of 1.-THE Eeglsla-
ture, and is law to-day as far as it Is
possible for such bill to become law.
II il a kind of "alien and sedition law
in small way, and is entitled "a bill to
prevent and punish the forcible or un-
lawful obstruction of public justice. "
It reads as follows:
Belt enacted By the Legislature Of Vest
Yirginia, The Circuit Courts, and espe.
cially the Supreme Court of Appeals of
West Virginia, are alone authorized to
interpret and determine the constitu-
tionality of any law of the Legislature
of this State.
9 No officer in the lawful exercise or
discharge of his official duty under any
law of the Legislature, or any order or
proclamation of the Governor OF this
State, shall be deemed personally re.
sponsible therefor (either civilly or
criminally) by reason of such law, order
or proclamation, being afterwards al
indeed by any court of this State, TO be
Unconstitutional and void.
3 ANY officer Of this State whose
duty it is to execute or enforce any law
of the Legislature, or any legal process
or proceeding arising Hereunder, or any
lawful order or proclamation of the Gov
ernor of West Virginia, and who shall
wilfully neglect, or refuse to execute
OF enforce the same, shall, for every such
offense, be deemed guilty of misde.
meanor, and upon conviction thereof by
jury, shall be liable to fine of not
less than fifty nor more than five hum
dred dollars, and to Imprisonment IN the
public Jail of the county for not less
than one month nor more than one year,
at the discretion of the Court,
A. Any person who, by threats OF men-
aces, words, acts, letters, writings, pub
lie speeches, printing, publishing, or
otherwise, shall forcibly or illegally,
hinder, obstruct, or oppose, or attempt
10 hinder, obStruCt, or oppose, any officer
of this State whether civil or military
in the lawful exercise or discharge OF his
official duty, shall, for every such Of.
tense, be deemed guilty of a misdemean-
or: and on conviction thereof by jury,
shall be liable to fine Of not less than
ono hundred, nor more than one thou
,and dollars, and TO imprisonment in the
public iail Of the county for not less
than one month, nor more than one
year, at the discretion of the Court
Provigsa, That nothing in this act shall
be construed as impairing or affecting
the right OF any party, by proper legal
process or proceeding, before any court
or courts OF this State, or any judge
thereof to question or contest the va
lidity or constitutionality of any law of
the Legislature, or any process, judg-
nent, or proceeding of any court, judge,
or other officer of this State, or any
order or proclamation of the Governor.
The obvious intention of the bill is to
seal the mouths of those distinguished
citizens of the State who cOnteDdei last
SUMMER that the test oath act was IN.
constitutional and void, and advised
election officers to disregard its proyis-
ions 1t is intended 70 bolster up and
tortify the tools of bad men IN the work
of trampling under foot the constitution
Of the State, and fastening upon the peo-
pie despOtism worse than that of Aus
tIia. THIS is it, intention, but, like |
other measures of blind fanaticism. it |
will fail to accomplish its neiarious pur-
pose All that it does accomplish is pure
ly superfluOus, there being already upon
the statute books laws which effectually
and rightfully punish those who binder,
obstruct or oppose" officers in the law
ful discharge Of their duties as such. -
But the intention of the bill is to punish
men who Staud by the constitution of the
State aut oppose the execution of tie
unconstitutional edicts OF that fauatical
body styled by courtesy the Legislature
IF West Virginia
So far as Mr. LAMB and Colonel SyiITH
ana Senator Van WINKLE and other
legal gentlemen who are aimed at by
the bill are concerned, it will simply he
waste paper, and will not deter any one
Of them nom denounciug the unConsti-
tutional acts of the Legislature, aud
waning all officers that ii they Yield |
obedience to these acts they do ST. at |
their own peril. The principle that IA
void authority cannot protect tue man
Mo acts under ii is settled by authority
too high for the Legislature of West |
Virginia to reach and overthrow it
So Tar rs We are ourselves concerned.
The REGISTER will sill contipr, . - sneak
just as freely "a her ,toCore Of The
o0''ns' unjust aud oppressive measures
nv Po''''e"' .Lukrupts Of the radical
=, go" -" seeking to faSten mon the
''"'' Blinded by passion and mo7ed
~ unholy lust Of power, they are taking
away one by one, Will, alarming rapid
ity, every right dear to he citizen, every
privil agc which distinguishes a freeman
from n 81 We But 40 legislation they
can concoct shall prevent our publishing
their dislorOr 10 the world