Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1871-04-22
ShepherAstOwn, West Va:
SATURDAY. .........,APRlL %, 1871.

1871.
&c. JupoE HAtL's DEcnIoS.-We
publish this week the decision Of His
Honor. Judge Z. B. Hall, regarding the
sonsu,u,ionsli,y or legality Of the late so.
called Act, removing the County. Seat
from this place TO- Charieslown. II lie
unnecessary that we enter into history
of The facts connected with the claimed
passage OF this Act. That il failed TO re-
ceive tie constitutional vote necessary IN
the State Senate is decided by The lucid
add elaborate opinion Of Judge Hall. and
.e are sure no reasonable intelligent Gilt
gen Of Jefferson sfler careful dlsPassion-
s,s copsideration Of this opinion. can but
decide .hsi tins Act was nothing more
than a legislative sSortIon,snd an attempt
ed infringement upon Constitutional law.
The points relied on 10 dissolve the In.
junction. that the plaiu,Itfs in this
case wste no, competent 10 sue, and that
the eour, could not enquire into The nsn-
ner end mode Of the passage Of this Act,
we're untenabie and could not be sustain
ed, a, thew directly licensed and scknoWl-
edged Legislative oppression. and unre.
strained infringement upon the ConsiIiu-
ton of our State. IL will be re0ember-
Cd that The plaintiffs in this case mol only
represented the pecunisry interest OF
many cilizens OF the County, bu, were
parties representing and defending an out
tsped Constitution in The interest Of every
citizen Of the Stale. DelenJsuls in this
case seek to esisblsh dangerous prece-
den, which comedies to the Legislature
the supreme control OF not alone the judi.
cisry, buI even the executive department
OF our State government This was evil
deuuy the intention Of the defendants
when they declared the incomPeiency OF
plaintiff. 10 SUE, as this would bar all pro-
cssdngs iu Court Of law TO les. the va
lid,yy OF any act, lie, il be OF the most oP.
pressive character and in direct conflict
vi,b the organic law. 1t would close up
the only avenue ty which the people,
,hrough the judiciary can seek redress {;
end the presumption tina, The Court which
is the keeper and guardian OF the law can
not enquire into the mode ard manner OF
the passage Of law. cooniensnce' leglsls-
tive encroschment, pslsies the arm OF the
judiciary, and exposes Us to dire oppres.
siuns sgsiDs, which we would have no
defense. II these declarations OF the
Charlesiown parties are tue. then i, is
lamen,sble fac, that our law makers are
no, bound by any provision OF she Constr
tulon. and their action may be arbitrary
in the extreme. and ye, We have no pow
er under The law. no provision Of our
State economy whereby they may be re-
sraned.' The decision Of Judge Hall
then. 10 On i'm sorisDt one and decides this
matter Justly and ably. And as this de.
cision declares the Act unconstitutional
null and void-and as g consequence
suslains the inl junction reslralnin. the
Commissioners appointed under that act
from moving the Counly.sesi from this
place 10 Charles,own, il cannot be main
tanned that the County Sea! is not in
Sbepherds,own Ibis under the circuD-
stances mus, be The common sense con-
clusion Of every man who is no, blinded
by prejudice. or self imagined superiority
OF intelligence. We think j. safe to con-
clude ,hs, under tie law the right Of de.
eision in this matter is vested in the Ju.
dietary and ell parties must accept il un.
ill II is reversed by the higher court. We
have no power in ourselves 10 reverse the
decision, neither can we question The fact
that ss this decision declares The Ac, re-
moving The Coun,y.Seat TO Charlestown.
invalid, and therefore OF no effect. the
County Seat as a consequence remains at
Shepherds,own until that Act i. sscer.
tanned by judicial investigation TO be law,
and then. and no, ill then, will The Ac.
be Of effect and the Commissioners be
enabled 10 carry into effect lis provisions.
In The meantime the Couniy-sest must
remain at this place, until the controversy
10 decided, and no county official dare ex-
srcise The luncilons o! his Office any " here
but a, the Couuiy-sesl IN Shepherts!own.
The rhole population Of Berkeley is
BY the las, census, l3,22s. Whole pop.
ula,ion Of Jefferson. O,732. Difference
in favor OF Berkeley in whole population.
S466 -.Hariinsbnrg Statesman.
M vnn arc ,pi.taken frippd Eicbel