Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1871-04-22

10 nu!lify and render imperative all the
restrictions and safeguards imposed aud
provided in The Constitution by The peo-
pls for their own projection. Secs. &
l3. art. 4 Of Constitution. fixes the num-
her ofSenators 10 be elected, at tweniytwo
and the bill AYERS that at The time IN ques'
lion. i, consisted OF that number. l'does
no, very satisfactorily appear whether
Senator Johnson. al the time IN question.
had. or not, ceased 10 be member oil he
Senate. nor do we think il al all material;
as we think !, manifest that The requlsl-
lions and restrictions in said Sec. 37,we
intended to prohibit Legislative ensc'men''
except with the affirmative vote and as
sen, of a majority of The people, through
their representatives in each House. The
restriction i. by the people, and IN tier
own behalf. and we think, no act could
be passed without The affirmative vote OF
msiori,y Of the whole number, twenty
,wo.) The certified journal from The
Senate shows that only eleven affirmative
votes were given for The bill in question
on It's final passage. This beng less
Than the majority required by the Con,
slituiion, it's considered that the bill did
not mass, and IS not law. and 60 conlers
on defendants no authority t. carry 1t IN
10 operation. Compliments insist in argument
Though the point IS no. made IN the pleaGIhgs)
that said supposed act is unconstitutional on '''
face because, in violation Of Sec. !, oil Ar
7 Of the Constitution which, PROVIDES ihat
1.-The Board CT Supervisors oil each county'SnaIi
under such genera! regulations as may De pre-
scribed by law, have The superintendent ana
administration Of the internal affairs and hscal
concerns Of their county" &C. By Secs 5,
& 5 Of the act in question, the defendants, nam
ed a, commissioners therein, and who seem
no, 10 be, any of them, Supervisors IN SAID
county, are authorized 10 contract, on Inc
credit of the county, for the use and occupa-
ton Of buildings or rooms, and for repair and
alteration Of same, and for furniture and hN-
lures theref for aud 10 have the former Court
house repaired, fe6tted and changed, as they
shall determine the expenses OF which, mol
exceeding 600, 10 he from time 10 time Ger.
lied 10 the Board Of Supervisors, 10 be PAID
out Of The county treasury Us prescribed oy
law in respect 10 providing necessary and pro-
per public or county buildings. The legislature
NAV prescribe general regulations for the d.
recton and control of The Board of SuPer'i-
sors 10 the discharge Of IFS duties, but can 1t
supercede the Board, or delegate to others the
rights, powers and duties, which by the Con-
sltution is vested and reposed only in the Board
Of Supervisors = and il not, Is not said act, on
its face, unconstitutional, and so, void
Two other questions were made oy some OF
compliments counsel, but as We think the
points cannot be sustained, it Is not material 10
farther advert 10 them.
From the character of this case, the motion
to dissolve the injunction, made 1t necessary TO
consider all the questions involved. and they
have been deliberately and ably argued for both
compliments and defendants and their impor-
lance, not only 10 The parties and people OF
Jefferson county, but as affecting general IN
teresis has led Us to carefully consider and pass
upon al the material questions presented IN The
case, as was also the desire expressed by coun-
sci. For reasons Indicated IN the foregoing,
the motion 10 dissolve the injunction is over
ruled.