The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1870-12-15

OF Dy u uiVlsluu VI ING pcHltclltidly III nuoh
manner that youths under Is years of age
may be assigned to section completely
isolated from the balance Of the prison and
prisoners.
SPECIAL LEGISLATION.
One Of the wiscst provisions Of our con
sitution is contained in the twentieth sec
ton of the sixth article, which declares that
general laws shall be passed for the organ
ization and government of cities, and no
special act shall be passed, except in cases
where, in the judgment of the General As
scnbly, the object Of such an act cannot be
attained by general laws" The principle
here applied to the laws for the organization
and government Of cities ought not to have
been limited in its scope to one subject but
should rather have been extended so as to
cover every subject of legislation. Special
legislation has grown to be an evil Of gi-
gantic proportions, and in some States and
legislative bodies has become the prolific
source Of Generalization and corruption.
AS general rule, no special act should be
passed upon any subject the object Of Which
can be accomplished by general laws To
determine, in part, the extent of the evil Of
special legislation so far as we are concern
ed, you have but to refer to the published
acts Of your last session. Some of this
special legislation was absolutely necessary,
owing to the abnormal condition of our at
fairs. But look at the number of special
acts Of incorporation, including cities and
towns and the acts relating to or for the
benefit Of private corporations alone. Com
pare the space which these acts occupy in
that volume with the total legislation of
the session and its COST and the result will
astonish you. AS yet there arc very few of
these acts, the object Of which might not
have been attained by general laws. Cen
eral laws for the organization of towns and
cities, and stock companies, for mining and
manufacturing, banking and Insurance. and
all other kinds of business for which stock
companies are organized, should be passed,
if those we have already are insufficient [
am also in favor of general free railroad
law. Wherever railroad, or a canal, or a
transportation company is needed, and pco-
| pie can be found who will invest the ueces-
sary capital let the enterprise be organized
and completed No fears need be enter
tanned that we shall have too many of eth
er Oar session laws for years past are
filled with special charters, many Of which
remain unused to this day, and. perhaps, in
many cases, were never intended to be used
except for the purposes of speculation or
! for the exclusion Of others who might de-
sire to occupy the same field of operations.
[ sincerely believe that the enactment of
| general laws of the character named, and
the establishment of an irreversible rule,
never to grant any special charters, would
not only annually save to the Common
wealth large sums Of money, but would tend
very largely to the development Of our agri-
cultural, mining and commercial resources.
PRESENTATION OF BILLS.
The late constitutional convention, in its
profound wisdom. among sundry other in
novations heretofore unknown in the civil
polity of this State, imposed upon the Ex-
ccutive the duty Of examining and APPROX
ing Or disappearing of every act passed by
the General Assembly. This is technically
known as the veto power, and its exercise
by the Executive, at any time and under
any circumstances, is duty of peculiar
dclicacy and Importance. Without hero
discussing the wisdom or necessity of the
Judgement Of this power in the hands of
tbs Executive, l am free to say that, per-
sonal!y,I should rejoice to be relieved from
the labor and responsibility which it impo
ses upon me but while it remains one Of
the constitutional obligations devolved upon
me, shall fulfil it ia manner at lcasI
satisfactory to my own conscience, and ben
efcial, trust, to the Commonwealth. II
is the sworn duty Of the Executive 'sto take
care that the laws be faithfully executed, =
and the like obligation rests upon him te
intcrpose his objections to the enactment Of
either hasty, corrupt or demonstrations
laws. Fortunately it is matter of pride
and profound congratulation that we have
little of the first, none of the second, and
an inconsiderable amount OF the 'ast-men
toned species Of legislation. Questions as
to the meaning and true interpretation Of
the constitution have arisen on which the
4 Legislature and the Executive have arrived
i at different conclusions, but each being ac
tuated by the sole motive and desire o.
reaching the correct conclusion, there has
been little difficulty ir harmonizing conflict,
ing opinions.
[ have ever felt an anxious solicitude
that all your legislation should in every re-
spect conform not only to the letter but also
to the spirit of the constitution, for the
reason, among others, as heretofore express
ed to you, chat you are the first Legislature
convened under the present constitution
and that your construction Of its provisions
will, in the future, be regarded as of high
authority, because contemporancous with its
being put in force" In arriving at my
conclusions as to the constitutionality or
unconstitutionality of an act Of the Legis-
laturc, [ have invariably observed that rule
Of construction which obtains in the courts
Of law, viz: Every act of the Legislature
is presumed to be constitutional, and the
court must be entirely satisfied that it is in
conflict with the constitution before it will
pronounce it void A mere doubt as to its
constitutionality is insufficient. Doubts must
resolve themselves into certainties, else the
law will be held constitutional.
While you have passed several bills, as to
the constitutionality Of which entertained
| grave doubts, [ have never interposed obiec-
tions to their becoming laws based merely
upon doubts. When entirely satisfied, how
ever, that the provisions Of bill were
clearly in conflict with the constitution,
have never failed, and never shall fail, to
fulfil my constitutional obligation to arrest
its further progress. This is one of tie