The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-09-18

The following legislative acts are so
panifestly and palpably in conflict with
the Constitution, aud some of them al
the present time affording color to fear,
full usurpations, that they ought, l sub,
NIT, to be repealed; not only for the
safety of our citizens, but credit of the
State abrOad:
lst. Section 10, of the act passed
March 30, 1865, entitled san Act to pro,
vide for the sale of certain lands for the
benefit Of the school fund.-" Sess. Acts
'65, p. 81. This assumes to give certain
lands to occupants which the Constitu,
tuition declares shall go to the school
fund. See Art. 9 Secs. 3 and 5, also Sec,
18TH, Art. 10, Constitution.
I'd. Sections and2. Act passed Feb
ruary "a, 1866, entitled 'An Act to dis
pense with the assessment of back taxes
in certain counties."-Sess. acts '66, D
80. This act undertakes to release
whole counties from taxes already as
sesSed and their assessors from their OBJ
LEGATION to assess such back taxes in
future, c.rccpting lands Of ''nOm-reSidents."
This is i'll direct violation of Art. Sth,
Sec. LIST, Constitution, as well as that
part of Sec. ., OF the ordinance of sep
aration, inserted as u fundamental Econdi-
ton, viz: "The lands within the pro-
posed State, of nonresident prOpriCtOrS,
shall not in any case be tdred higher than
The lands of residents therein" This was
inserted by that convention of the
mother State for the express purpose of
guarding the rights of. NONRESIDENT
proprietors' and TO secure the aid and
corporation OF these, with their friends,
in the establishment Of the new State.
How general and generous the response
was, all of us know. But as soon as the
State was established, she responds
with the pertidious and unconstitutional
legislation before stated. 1t was the
work of miserable demagogues, fishing
for the votes of squatterS. No wonder
capital and emigration shun rs. How
does this cOmpOrt with that clause of
the Constitution which declares that
the burden of taxation shall be borne
euaally, according to value of property.
The act of last winter entitled "An
Act establishing the County of Lincoln
of parts of the Counties of Cabell, Put
nam, Kanawha and Boone," Sess. Acts
67p. 76, which sets at defiance Sec.
II, Art. z of the Constitution, which
reads as follows: "No new county
shall be formed having an area of less
than 400 square miles; or if another
county be thereby reduced below that
area OF if any territory be thereby ia
ken from county containing less than
400 square miles. And no new county
shall be formed containing white
population of less than 1000;
or if the white population of an
other county be thereby reduced below
that number; or if any county contain
ing less than 1000 white inhabitants, be
thereby reduced in area. But tho Leg
islature may at any time annex any
county containing less than 1000 white
inhabitants to an adjoining county or
counties as part thereof"
1t was the unanimous opinion OF the
Convention that framed the Constitu-
ton that the establishment of town
ships, enlarging the jurisdiction Of mag
istrates to SlOO, and providing them
with juries when desired, would do
away with the necessity OF creating
new counties, to very great extent at
least, and incurring the large expense
incident to. erecting new county build
ings, multiplying Offices, &c, and hence
that Convention took care to guard
against it by inserting in the Constitu-
tion the clear and explicit limitations
contained i'm the foregoing section; and
this the people have adopted as part of
their Constitution, and all their officers,
Executive, Legislative and Judicial,
have sworn to support IT.. ~ :,
But what have they donef Cabell
comfy, quite, or nearly, half Of the terri
torn of irhieh, the new county. proposes
to take, had and has only four hundred
and forty-eight square miles, and accord-
ing to the last census 1891 white pOpnla-
ton. Putnam county, some portions OF
which it proposes to take, contained,
and now contains, only three hundred
and fifty square miles, and by the last
census, 5705 white population. Boone
county, o large slice OF which it propos.
es to take, contains fpe hundred and
twenty-fre square miles, and by the last
census only 1854 white popula-
tion. The white population of
all these counties has probably not in
creased since the last census was taken,
but been considerably diminished by
the war. Now IL Is obviously impossi-
Bile to establish new county Rs propos-
ed, consistently with the foregoing pro-
visious Of the Constitution. 1t would
necessarily he o violation of the Con-
stitutiOn to take more than 4S square
miles ofterritory from Cabell county, or o
single foot from Putnam county, or more
Than 1913 square miles from Boone coun-
ty, or more than 6Sl of its inhabitants;
and without doing some of these, 1T Is
matbematically impossible to erect new
county as proposed, which shall contain
400 square miles and 1000 white popu-
lation; and still the last Legislature,
without the notice TO or consent OF the
people of the counties TO be affected, Us
required by the code of Virginia, I'd ed,
chap. AZ, p. 273, which was then in
force, passed the law before mentioned,
and last spring the form of organizing
the bogus county took place by elscting
officers, and for the last six months they
have been running at full blast with its
courts, assuming to exercise all powers
even to the inHiction of capital pun
ishment, if case oceur--and all with
ont the authority of law! The Leg
islature, three days after passing this
act, repealed that portion of the code OF
Virginia then in force, the requirements
Of which thevh had so disreparded
i. Nor is there the leastinec essity, 1 sub
NIT, for the new county, if the Consti-
tuition permited--now that townships
are established which. bring the trans
action of the great bulk of public bust.
ness. including the administration OF
Justice, "home to every mans door
except il be. to multiply Offices already
so numerous as to amount TO q public
nuisancei In.proof Of this ] need only