The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1866-03-21
obstruction of The Laws.

! obstruction Of The Laws.
The conservative papers arc making
quite an ado over the following act Of
the rccea, Legislature styling "alien
and scdit;on law law ahri1sinc the
freedom cf ;hc press, &c. There is a
! difference between jrcs,l1m and Ec.a'
ttousacss, even as applied to newspapers,
as Cen. Grant has given rebel papers
further South 70 understand and it is
folly FOR the same men who would have
hanged = nan for an abolition article
Eve years ago, and after having attempt
cd the overthrow Of the Government,
now to complain because they are re-
st,ictcd in their "r;3Ats" Of warning
against law ard preventing the execution
O: such as arc distaste!ul to them b.
| threatening persecution Of those who cx-
ccutc them. Any Que who is familiar
with the conservative" practice last
fall will sec ,hc wisdom and justice Of
this Law, designed to "prcvcnt and pun.
ish ;hc forcible obstruction Of public
justice :"
BE IL cn9crd by the Legislature Of
Vest I'uytnju, That Circuit Courts, and
especially tho Supreme Court Of Appeals
Of Virginia, are alcno authorized
to interpret and determine the conS'itu'
,ional;ty Of any law Of the Legislature
Of this State.
,. No officer in TIC lawful exercise or
discharge Of his official duty under any
; law OF the Legislature, or any order or
proclamation Of tho Governor Of this
State, shall be deemed personally re-
sponsiblc therefor (eithor civiily or
crimiua'lyl 10y reason Of such law, order,
or proclamation, being afterwards ad.
! judged b. any court Of this State, to be
unconstitutional and void.
3. Any officer Of this State whose du.
ty it is to execute or culorce any law Of
the Legislature, or any legal process
! or proceeding arising Hereunder, or any
lawful order 0: proclamation oEthc Gov.
crnor Of West Virginia, and WHO shall
wilrully neglect CT refuse to execute or
enforce the same, shall, for every such
ottsnsc, be deemed guilty ola misdcmca.
nor, and upon ccaric;!on thereof By 4
! iurY, shal! hc liable to fine Of act less
than i:iy For more than ave hundred
dollars, and 70 imprisonment in the pub
lie jail Of the county for not less than
enc moGth Tor more taan one year, at
! the discretion Of the Court.
! I. Aay person who, by threats or
mcEacc, wcsds, acts, letters, writings,
public speeches, p:ia;;ng, publishing, or
otherwise, shall iVrcib!y or Illegally, hin.
der, obstruct. or oppose, or attempt to
hinder, o5s:ruc:. or oppose, any oi!lcer
Of this State (eiGcr civil or military
| in the lawful exercise or dis Charge orhis
oc:c;al duty, shall, for every sach o!lcGsc,
! be Gecmcd guilty Of a misJcmcaaor, and
on eoa:iction thereof by u jury, shall be
liable 20 4 fine OF not less than one hun>
I.e1. nor more than one thousand dol.
lars, and to i;lprisormcr: in the public
Jail Of the county for not less than one
mcn;n, nor more than one year, 4. tho
discretion of:hc Court. P,'o.itlcG, That
no:hia. 10 this acs shall be construed as
importing CT aliectiuS the right Of any
partr. By proper legal process or pro t..
ceeG:as, before any court or courts OF
this State, or any judge thereof, to qucs'
tlon or coa;est the validity or constitu
,iOn"ii;y cf any law Of the Legislature,
or aay process, judgment or proceeding
Of any court, judge or other officer Of
! this State, or any order or proclamation
Of tic Go:e.nor.
The above law is not Intended to
sag" anybody, or to prevent dis.
eussioa ;" but it is intended BY it to
prcvcn, any person or persons from ig.
noriog or causing others to Ignore laws
simply because they say they are "un'
constitutional. Judges arc the proper
persons to decide such matters, and it Is
folly to confer that power upon
other and minor officers, many Of whom
have never had the.lcisurc or opportupi-
ty to even read the Constit ution, or to
hold these officers responsible for the con-
stisutioua!i.y Of the laws they are 70.
iquircd, by their oath, to execute.