The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-04

tSkhSSAS' peE tauuuui 94cep6sWhen such
greater rate is now allowed by law,
shall be barred as to any excess OF
rate. y Fy = E.SS go
4th. Sections 4, 5 and IL, of Chqpter
ll6, Code of Virginia, I'd edition, are
hereby repealed.
5th.a This Act shall not affect any. ex-
listing contract or rights OF action, but
All such contracts and rights of ac-
Elon snail be governed by the laws in
force on the day before the passage of
this ACt.-it8 ran 4rssl. r-stsiif.--
9th. This Act shall take effect on the
first day e. next ~ TGG-.GD.i :.
On motion of Mr.. Blair the substitute
as above given, was ordered to be
From the same COMMITTEES, Mr.. Fer
guson reported bill to amend and re-
enact Section of an act concerning Ii
censes passed Nov. 2Sth, 1868, And a
Dill to Empower the Board of Trustees
OF the Morgantown Female Institute to
convey certain real estate,"
Mr.. E1em1ng, of Harrison, from the
committee on Counties, Townships.
&C., reported bill amending the char
ter OF the town of Morgantownu and
also bill to amend the charter of the
town OF Ravenswood.
Mr.. Billmyer, from the COMMITTEES on
Private Corporations, reported bill to
incorporate Newberg division No. 1862
of the Sons of Temperance.
= Mr.. Mahon from the Committee on
Roads reported bill to amend and re-
enact chapter 100, of the acts of 1866. in
relation to the Guandotte Navigation
Company. Also recommended the bill
allowing George Hardman to build a
railroad from Franklin Furnace to
the Baltimore 81 Ohio Railroad.
Mr.. Boughner, from the Committee
on Claims, reported rs follows in re-
gard to the claim of J. Edgar Bowers.
for alleged dues as Secretary of the
State. rr. ss.F..- - -
The Committee on claims and Griev-
ances 10 whom were referred. by a
resolution of the House, the claim Of
j. Edgar Boyers, late Secretary ofState.
respectfully report: .a.I
That the issue involved in this case is
one arising from discrepancy of con-
struction between the Judicial and
Legislative Departments of the State
facts are very briefly as follows:
The Supreme Court of Appeals in an
action brought by the said J. Edgar
Boyers, plaintiff in error, as. Samuel
Crane, late Auditor of the State of West
Virginia, did, on the second day of
August, 1865, render Judgement for
said plaintiff in the sum of three humid
red and twenty-five dollars (S325) with
interest from the first day of January
1865. Said judgment being issued upon
the construction of an ordinance of the
Constitutional Convention, passed Feb.
ruary 10, 1868.
On the other hand, the Legislature
at its first session referred the same
question now before this COMMITTEES to
the Committee on the Judiciary, who
in an able and elaborate report, reached
the conclusion embodied in the follow
ing resolution, to wit:
'ReS0tUed, BY the Legislature of
West Virginia: The terms of all Off
GERS. legislative, executive and judicial,
elected on the 18th day of May, 1868.
begin on the Goth day of June follow
ing, and not previously. No such Of
ticer is or was at any time entitled to
salary or compensation, for any time
preceding the 10th of June In the pres
ent year."
Your committee are, therefore. of
opinion that the construction of the or
dinance of February 10, 1853, fixed by
the judgment in favor of plaintiff in
error, seems to conclude the case as a
question of law, until such ruling NAV
be reversed.
But the palpable violation of one of
the plainest legal axioms based on
common sense. common right, aud
common Justice" involved in recon-
mending the payment of this iudg-
ment, constrains the committee to say
subject, JAS. V. BoUGHNER.
Chairman.
The following resolutions were Of
fered:
By Mr.. Blair: Inquiring into the ex-
pediency of providing for the payment
of the proportion Of the debt OF the
State of Virginia to be assumed by the
State of West Virginia.
by Mr. Iomllnson: As to the expe-
diency of amending the registration
law SO as to compel the several Boards
of Registration before striking the
name of any registered voter from the
lists to prove him guilty of the acts
charged In the affidavit taken, and
against him.
BY Mr.. Blair: AS to the expediency
of authorizing the Governor or the
Judges of the Circuit Courts to appoint
an inspector in each county, to test the
hydraulic pressure of all boilers used
for making steam for engines.
BY Mr.. Aeermans: Amending Sec
tlo1 MS ana OF chapter 1G4 of the Code
OF Virginia, second edition, SO that at
torneys from States beyond those adj
joining this State may enjoy the same
privileges in this State as those from
the adjoining States.
BY Mr.. Ferguson: Instructinp the
COMMITTEE on Education to INQUIRE into
the expectancy of amending the act
establishing the State Normal School.
By Mr.. Hinchman: That the Com.
mlttee on Roads and Internal Naviga-
ton inquire into the expediencv of
amending the road law so as TO reGuire
all persons over Is years Of age to work
on the public roads, and also that such
surveyors receive compensations onlv
for their extra work performed on other
days than those on which their hands
work .ss.i = LUIS
By Mr.. Huffman: Instructing the
same committee to inquire into the Ar
pedlency OF requiring all persons over
10 and under so years of age to work 10
days In each year on some public road.
6 me following petitions were offered:
e. BY Mr.. Riddle: From certain citizens
of Richie county asking that the Office
OF superintendent of Schools NAV be
and that one more suita BILE
persons be appointed, whose dutv IL
snail be to grant certificates and charge
theretor reasonable lee, "thus saving
tor school purposes the enormous sums
paid to county superintendent.
by Mr.. Chase: On behalf James @.
henson and thirty other citizens of
Putnam county asking for an appro-
Sebrell, deceased, for medical aid rem
dered to the Sth regiment of West Vir-
ginia Infantry. Referred to the Com
mlttee on Claims and Pensions, rll-I
BY Mr. Heemens:f On behalf of A.
and w. II. Shumate, executors of Par.
klnson Shu mate, deceased, and five
0thers. praying to be relieved from the
imposed upon them by the
act of February 81, 1867, entitled ian
act staying the collection .,of certain
iebts." Referred to the COMMITTEES on
,he Judiciary .t. l7-I-l.-' -
A communication from the Clerk of
he Senate announced the passage of the |