The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-22


Mr.. Cracraft presented a petition of
Dryden Donnally and three hundred
other citizens of kanRwha county,
asking a charter for a steam ferry
across Kanawha and Elk rivers.
Mr.. Hoffman presented petition of
James A. Hawthorn and other citizens
of MonOngalia county, setting forth
that the honor of the State has been
furnished and the principles of civili-
cation and humanity outraged by
late decision of the Circuit Court of
Monongalia county in u case OF hd6edS
corpus by which female infant of
feeble health was torn from mothers
breast and delivered over to the custody
of a father, although the father had
provided no food, r8iment nor shelter
for either the mother or child (the
mothers character being unimpeached
and unimpeachable.) The court gave
it as his opinion that the law of West
Virginia required him SO to decide the
case. The petitioners say if such is the
law they desire it to be changed; and
they ask for such a change as will for
ever prevent a like occurrence, $50
that the father will not be allowed any
rights superior to the mother as to the
custody of infant children, and that
the welfare of the children in such
cases be alone consulted by the courts.
Mr.. Harris called up the bill, report
ed from the Military Committee, abol-
ishing the present militia system, and
requiring an annual Communication of
one dollar from every person liable to
militia duty, the proceeds to go to the
school fund.
The bill was put upon its second read
ing.
Mr.. Wheat moved to strike out the
second section, requiring the commu-
tation. He said this was shining OFF
taxes from property upon capitation,
which nnnOlpn tn the SnIFir of the
age.
Mr.. Ferguson was in favor of abol-
ishing this useless farce, but was not in
favor of making everybody pay for get
! ting rid of it.
Mr.. Bee hoped the bill would be
passed 1t was one of the most just
and righteous measures ever before the
House. He would rather have one of
his sons pay three times the proposed
Communication than to spend three days
out of each year, at cost, besides loss
of time, of six or seven dollars. 1t was
a very small amount to require from
each man.
Mr.. Harris said this bill did not i'm
pose any additional burden, but light
ened the burden. This money could
go back to the people of the different
counties, and be spent amongst them
/ for the increase of the intelligence of
| the people of the State.
| Mr.. Gibson was in favor of the bill.
1t would increase the School fund in
way that would not be felt, and it
would effecta reduction in the regular
taxation for School purposes.
| Mr.. johnson was opposed to this
communication. 1t would bear heavily
on many poor men. He thought the
School fund should be kept up by tax
alton on property.
Mr.. Wheat said it would not increase
the School fund. There would be n
| greater amount distributed to the coun-
| ties. and the rate of State taxes for
duced. 1t was shifting the RESPONSE
bility from property to capitations be-
tween the ages of Is and As.
Gen. Harris said the money would
not be distributed to the counties. It
would go to the irreducible school, and
only the interest would be distributed.
Mr.. koonce moved to lay the bill on
the table, but the House refused.
Mr.. Bee said this bill would require
the young man under p to pay SO in
the three years between is and 81. In
those three years he would be exempt
ed from nine musterS, and would be
entitled to Is months schooling from
this fund. \ man who would not paw
81 to enable his son to go to school six
months, was not fit to live in society.
Mr.. Ferguson said there was not mi
litia organization in the State. The peo-
farce. All the military organizations
in the State hereafter would be of q vol
untary character. He submitted it was
unequal and unjust to impose on every
person over 81 years of age and under
10 double tax in order to get at the
uncertain right to tax Il young man
under q years of age
Mr.. Spencer said he was specially
instructed on this subject. The people
OF his county had been so outraged by
this militia system they were aXious to
get rid of it. They impressed it upon
HIM particularly to see to that if moth
ing else was done this winter. He
could safely say his people would paw
this Communication cheerfully. There
was Il good deal of complaint there
about the school tax, and If they could
any way get at system by which the
people would pay to the school fund
| cheerfully they would accomplish n
| great deal in favor OF the school system.
Mr.: Lamb was opposed to imposing
additional burdens; for he regarded the
| question of taxation as the great ques-
ton for the people of this country.
They would be taxed until almost the
| entire proceeds of Il mans labor would
be taken from him. But he would vote
on this question With the belief that
the second section OF the bill imposed
no additional burdens on any one.
II was, in fact, relieving from
| former burdens far heavier. Then this
i one dollar Communication would be n
| great addition to the school fund. If
they could while actually relieving the
people ofn burden, add to the school
fund, he was disposed to do it.
Mr.. Brown, of Ohio, thought the true
basis of taxation was property, and not
capitation. This bill proposed to put
an unequal burden on the citizens over
Is years and under 40. The Constitu-
ton didn't provide for putting any cap
"a a fNFN
ana that all taxation capitatious
amongst the rest shall be uniform. He
thought it would be in conflict with the
Constitution to pass this second sec
ton.
Mr.. McWhorter said he would like to
get as much money into the school
fund rs possible, But his people didn't
pretend to obey or enforce the militia
law, and so far as they were concerned,
the abolition of the muster would be no
relief, for they We're not burdened on
this account. The collection of this
Communication would, therefore,
be imposing burden. he
be no doubt of the constitutionality
of the tax. The Constitution provided
that all moneys paid as an equivalent
for military service went TO the school
fund, and this certainly was such
equivalent; but as it would be in effect
tax on the, people, he should have to
vote against it.
The roll was called, and the motion
to strike out the section providing for
the communication was agreed to 6y n
vote OF 81 to p, and the bill ordered to-
eugrossment.
Mr.. Smith, OF Berkeley, called IN the
Dill to divide Berkeley county into two
Quilkin's amendment postponinr, the
effect of the bill till Januarv 1cen