The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-01-25


officers from cmbczzling or converting 10
their own use money or property GnlrIlSt-
cd to them; A bill IL amend and re.Gn1ct
Sec. l2l, Chap. 81, Of the CNtlc in relation
to suggestions or Judgments Of Justices; n
bill tOauthOrize the Auditor TO grant re'
lief against taxes enormously Or incqulta-
hly charged on rrul estate md returned
delinquent; a bill to repeal the Suitors
Test Oath.
Mr.. LAMB, also from the same commit
tee to whom were referred the several
propositions, reported il ineXpediGnt to
assess rcal estate annually, tint It was i'm.
proper 10 legiSlatG for the Equalization Of q
certain decd to George White of Green.
hricr; that 1t WIS inCxpcliGnt to change
the fiscal year; that Il was ineXpcClient II
allow fees TO Attorneys appointed by the
Courts.
Mr. LAME also reported hack the bill
referred to the committee to change the
terms Of the courts in the 4th circuit, re.
commenting that It do not pass (Subsc.
qucntly upon explanation Of Mr.. Corr,
Mr. LAMB said he was satisfied the object
Of the bill was proper one, and the bill
WIS rccOmmitted) Mr.. LAMB also report.
ed thut the committee had Investigated
into the cause 0t delay In publishing the
Code, and submitted the following com
muniCAtiOn from Judge Ferguson, which
WIS ordered to liz OH the table and he
printed.
WHEELING january 2lst, 1870,
Hon. DaniG' Lamb, Chairman u tn. COVHmIttt"
on Tie Judiciary:
SIR-In compliance with your request
for information us to tho completion Of
the Code OrWcst Virginia for publication,
submit to the committee over which
YOU preside, and through II TO tho Legis-
lature the following statement: At the
extra session Of 1873, and near its close,
the House Of Delegates passed bill pro.
viling for the publication Of the Code in
which was designated aS the person to
do the work. Thut bill after long strug-
gle WIS finally defeated in the Senate.
and the Legislature which made the CWlc
adjourned without providing tor its publi-
cation. All very early period Of the
session Of 1860, the House Of Delegates
again passed substantially the same bill
which had passed the House in DeCcm.
her, 1868, and communicated ii to the
Senate where it remained until nenr the
close Of the session, before 1t was finally
passed. This bill was passed in the House
by the vote Of every member in the nj.
iirmntivG-5G in all Il thing, believe
unprecedented in the history Of the State.
And yet il wis delayed in the Senate us
have stated Now do not mean, in all
this, TO complain Of the members Of the
LA al,
they had the perfect and undOubtel right
to delay or dctcnt the bill ut pleasure Ny
only object is to slow tint am not re.
spOnsible for the delay in the publication
Of tho Code When the bill aplMil ny
me to this work was passed, j. was known
10 the Legislature that had been elected
to the office Of Judge and that my courts
would commence IN IL few days thereafter,
and, of course they did not expect me to
neglect my judicial duties. The task Of
preparing tho Code for publication Is no
ordinary one; in fact il Is much greater
than ever dreamed Of when undertook
it. Every hour, both day and night, in
warm weather and cold. that could spare
from the neCGCCssary duties Of my office,
have devoted 10 this work, until my
eyes twice failed me, 80 that Ind to stop
and give them rest. And even this period
Of sO.callCd rest, WIS spent in holding
courts by exchange In another circuit.
Finding that very many Of the references
10 authorities in the Code Of Virginia
were wrong, have examined every case
10 which have reference In the margin,
which, Of itself, WIS immense labor.
The work NS you are aware, is COmplCt.
cd with the exception Of the index, and
that will he furnished, unless some cause
beyond my control prevents it, within the
next three weeks. 'Ifthis work Ind Lrcn
committed 10 nc IN December 1858, SO
Tint could have spent the whole winter
upon 1t, the Code would have been pub.
lishcd By the first Of September last; and
ifthc bill Of 1869 had been promptly pass.
cd Il would have been published before
tho meeting Of the present Legislature.
As II Is no one regrets the delay more tllAn
do, and am not surprised that the pcO.
pie are impatient under It. And wish to
say here that tho printers arr in no way
responsible In the matter, as they have
promptly done their work rs fast us I could
furnish Il to them.
Very respectfully, your ObGdicnt ser.
want JAMES II. FERGCsON.
Mr.. JACKSON, from the Judiciary Com.
mittec reported IL bill tnamcnd ind re-.
enact section 8, chapter 1876 Of the Code.
Mr.. FLICK from the Committee on COlln.
ties, &C., reported adversely on the petition
of Elizabeth SpurlOckSOf kanawlla, pray.
ing change Of line between KnnawhN and
Lincoln counties, there being no evidence
That the necessary notice had been given
and upOn the petition PRAYING changes
in the lines between Monroe nnd Green.
bricr and cllangcs In the township lines Of
GreCnhlier.
MI Mt. liASS LEN rom 'ic I"hlIt''tCo lUF
vase 'slNI uiIS;i!Iul,''n1eI iMluS' LtiS"''