The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-02-27
WHEELING, WEST VA SATURDAY MORNING. FEBRUARY

Lue enactment oil more stringent llQ uOr
law, reported that while the Committee
conCurred in opinion with the petition
rs,yet in view of the tendency of a bill
for that purpose in the Senate, the Com
'mittee deem it ineXpedient to introduce
bill on the subject.
| Leave of absence was granted to Mr..
Carroll for the remainder OF the session.
BILLS PASSED,
House bill to exempt VIM. f. Lively,
of Gilmer county, from the lawyers
test oath. (VOte of yesterday rejecting
the bill reconsidered.)
House bill fixing the time for hold
ing the courts in the l2.h and 18Th Ju-
dicial Circuits.
INDEFINITELY POSTPONED
Senate bill to relieve Joseph H, Pen
dleton from the lawyers test oath.
The House resumed consideration of
the unfinished business, it being the
motion TO indefinitely postpone the bill
to provide for prosecuting the suit
against the Baltimore and Ohio Rail
road in the Supreme Court of the Uni
ted States. Mr.. Smith of Morgan by
whom that motion was made withdrew
his motion TO Indefinitely postpone. He
disclaimed all intention to defeat the
| object of the bill, but he thought the
appropriation $4,000 too large. He was
willing to appropriate $4,000. The bill
would allow the Governor to expend
$4,000 if he deemed 1t necessary; and he
was unwilling to place so large sum
in his hands with discretion TO eXpend
it for that purpose. He thought the
State ought not to be called on to meet
all the expense OF this suit. The coun-
ties through which the road passes
ought to pay their part. He moved to
refer to the Committee on Taxation and
Finances.
MIR. Carroll moved to refer, with in
structions to report substitute striking
out 81 600 and inserting $1,000.
Mr.. Smith, OF kanawha, presumed
there could be but one opinion about
the duty of making provision for main
taing the rights of the State in the pend
ing suit. This was no attack on the
| road. The road refuses to pay her tax,
and goes into Court with an Injunction
to prevent the State from collecting.
The Courts OF the State had decided the
question<in our favor, and the only
question now was whether we are to
abandon the suit or not. On this
question there could be but one
opinion. In regard to the amount of the
| appropriation, the bill did not provide
that 81 900 should necessarily be paid
for attorneys fees. 1t simply place d
that much at the disposal of the Cover
| nor, and authorized him to use so much
| of it as he might find neceSsary-just
as they placed II contingent fund at his
| disposal with like discretion. This
was not 80 much IL proposition to ap-
propriate money as to provide for col
| lecting the States dues. If the Balti.
more IL Ohio Railroad had paid or
would pay the taxes due, there would
not now be deficit in the treasury or
q necessity for increasing the rate of
taxation: The purpose of this measure
was TO enforce that payment.
Mr.. Jacob, of Hampshire, said at a
recent meeting of the two Finance Com
mittees a gentleman representing the
had remarked that he did MT know
that the Company at all objected to pay
| ing the State tax; that it was tho local
taxes the Company wns cOnteatinG.
After the rest of those present had gone
away the Auditor had said to Mr.. Jacob
that perhaps he ought now to put these
taxes i'll collection in the different coun-
ties; that i'll view of the decision of the
think any Circuit Judge would
grant an injunction to restrain
the collection OF State taxes. The
amount of State tax involved in this
Marshal county suit now in litigation
was swelling over 5000. He thought q
further inquiry by the committee might
develop the fact that the State could get
this money into the treasury without
further litigation.
| After some lurther discussion The Dill
was referred.
A message from the Senate having
returned House bill No. 4 locating the
| Capital ut ParkeTsburg, with u substi-
tute locating at Charleston, Mr.. Smith,
of Kanawha, moved to suspend the rule
to take it up, but failed.
MIR. Mann called up the communica-
ton from the Governor, rendering his
resignation, and it was accepted.
| Recess till 2% p, NJ,
| AFTERNOON SESSION. ..
Mr.. Smith. of Kauawha, moved to
take up the bill locating tho Capital.
Agreed to.
The question occurring on agreeing
to the substitute of the Senate locating
at Charleston, Mr.. Smith, OF Morgan,
moved 10 disagree, and ask for Com
mittee of Conference. -
Mr.. Lamb moved to amend the sub
stitute by providing that it should take
effect in April, 1872, instead OF 1870.
This amendment having precedence
of Mr.. Smiths motion, WAS put and dis
agreed to by vote of2S to 2S.
The question recurring on Mr..
Smiths motion to disagree, the motion
was rejected, and the substitute thus
agreed to, by q vote of 81 to 20.
This action completes the passage of
the bill locating the Capital at Charles
ton, and providing for removal April l,
1870.
Adjourned.