Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1871-04-08
COM NICAT D.
A Reply TO the Legal Opinion of I. +.
Cooke, Esq.


A Reply TO the Legal Opinion Of E. Z.
Cooke, Esq.
No one v no recognizes and appreciates
The pure ard elevated character OF Mr..
Cooke would make The accusation
sasins, him, thai lie could be animated
by spirit OF psrlisanshlp, or by locsi''
~ IN any opinion. or any subject, to
which he gives an expression. Its Tor
this reason, and for none based On the
.oundne.s of his legal opinion 10 when
The newspapers OF the County have given
currency, that Mr.. Cooke may DO harm.
Mr.. Cookies opinion Of the legality Of
the Charlestown Board oi Supervisors
$50 mi.-nsmed,) is msnllestIy erroneous.
as be will find 10 bis chsgrln, when tested
by the ordeal Of the Courts. Mr.. Cooke
asserts that The law restoring The consoII
JaIed Townships is valid law. lie Is
found asserting Tact who no one ever
conlruveted. lie further sifrms ihs 1.-The
Governor had the righ. TO make appoint
ment Of Supervisors under that Act.
Here is where HE error OF Nj Cookies
opinion commences. 10 sustain himself
he must demonstrate that THIS Ac! OF The
Legislature can and does abolish, or Is
State. The Constitution in lis 2nd Sec
ZION Of lis 7h Article declares thai the
Supervisors shall be elected by the peo'
pie, and The direct tendency OF Mr..
Cookies opinion is that an ACT OF The Leg
lsla'ute conIerring an appointing power
on the Governor supercedes aud over
rldes The Constitution. Mr.. Cookies
opinion is still further hereliccl and I'M
lenable. He atlirms 10 order 10 sustain
he paradox that an Act OF the
Legislature is paramount 10 the Constr
tuition, that lie CharIesiown Board IL HE
only one egaIIy constituted. 1t IS bare
" possible ~ lfeai such an affirmation
with gravity. 1t would be simply rIdic'
ulous, II 1t did not elDanaIe from source
entitled to high respect A bogus Board
composed OF two mrmbets who are ex.
ercl.Ing The du,ies OF The Office, in utter
Disregard and in defiance OF the pTovi
spectacle but dtluded gentleman, and Of
Two others who are playing the role Of
secessionsls from the regular Board.
The regular and only legal Board is
that one which is composed Of a maj orl-
~ Of The menbers elected by The people
in obedience 10 the requirements OF The
Constitution. Ii is common charity 10
believe that Mr.. Cooke has gwen cur.
Iency TO this extraordinary oplmon on
narrow and contracted knowledge Of the
facts. 1t il cerianI; unsuslalnable on q
view of all The lacis and proper knowI
edge OF The plain provisions OF The Constr
iuuon. Mr.. Conke not satisfied, sIii
farther mislesds himself, lie Gays in III.
rect terms Iha, mo Act Of The Board is
valid unless il has met with the sanction
OF the Board as reorgan,zed." We al.
fim 10 the contrary, that no &C! OF the
Board is valid except it emansle from the
regular, and only true and legal Board
which holds lis meetings al the County
seat, which Board is composed OF ma
joriiy Of The members elected by The PEG.
pie as the Constitution demands: and un-
der legal organization has been Hsn.sct-
ing the business of the County since the
list October election. and undi;iurbrd by
bogus concern composed of two seces.
slonl>ts l,om The legal and regular Board,
md Vi two highly respectable gentlemen
no. recognized by the Constitution and
the laws. LEA.