Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-03-07
Spirit of ysffsrsun.
CharlsstOwnp Val March 2, 1871.
COUNTY SEAT.

NESo14 - sac oetoatoEu Register OF Saturday,
The following just aud proper order was
passed BY che Board of Supervisors on the
18th day Of February, all the members of
he Board being present. That this is q
proper order to be passed by the Board no just
- unPrejudiSed person will COntrOVert. 1t is
che opinion Of some of the best legal minds
II the State, that the Act Of the Legislature
- passed to remove the County Seat, is in
PalPHb!s conflict with existing laws which
were unrepealed by the Act Of removal, and
with at least two clauses Of the Constitution
Of the State. Under this aspect. it was the
sworn duty of the Board Of Supervisors to
test the legality and eOnsritu,iOnality of the
Act in question in the Courts Of the State.
To this proposition every nan in the County,
net bIasSed by prejudice and factions spirit,
will uuhesitatingly assent:
WHEEEAs, the Legislature of this State.
- itS present Session, professed to rass m Act
20 remove the County Seat of Jefferson, from
ItS present location at Shepherds;oxn to
ChHTlestOWn And
Whereas, the said Act Of the Legislature
y IN direct violation Of Sections 90 aud 20.
VI Chapter 80, of the Code OF West Virginia.
which are not repealed by said Act. and of
Section Of the 9Th Article of the COns,lru>
ton OF the State aud its declared passage a
PaiPatIe breach of the Constitution. aud a
fraud on the people of the County: Therefore
Be il
ResOlred, That this Board in discharge Of
their manifest and sworn duty do make the
following order:
That Judge Thomas Van Swearingcn and
II. II. Black burn, Esq are employed "a coun
sci for the County of Jefferson 40 make al.
PlicaliOa for an Injunction or other legal pro
eesdInE III Iheir objection To prevent the
Commissioners appointed by said Act from
proceeding to exercise any aud all authority
vested in them by such illegal. aud uncon.
stItUtiVusl legislation. aud the said ATTORNEYS
are b. the order of the Board to take aud
pursue all legal measures in the Courts of the
Stale to accomplish the objects and purpose OF
IAiS order
When We recall the circumstances Of the
removal Of the COunty-Seas to Shepherds
soUn, several years ago by Radical LegisIa-
ture, We never dreamed that when the proper
time arrived to re establish il at this place,
there would be any opposition to the move
nent By G"y intelligent citizens fthe county
We ere not surprised that the radicals aud
earPet-bsggers desire to keep the Court House
At ShePherdstown, where they have been
Pluudering aud stealing, but that our friend
little Of the R'gjster should oppose US 90
violently in this simple act of justice, We are
somewhat surprised.
As sOOn as possible after the news of the
passage of the Bill, restoring the County sea,
70 this place, the Board of Supervisors had
ss'seiTt D'eefiny and by vote Of three to
two decided to appeal to the Judge of the
Circuit Court for an INJUNCTION restraining
the Commissioners mentioned in the Bill
from performing the duties assigned.
The frst ground upon which they rest
their application Is, that the late act is 10 di>
rect violation Vfsections % and 90 of CHAPTER
80 Of the Code, and the last act does not re-
peal 1t. Now We are not learned in the Law.
but can with confidence assert that the Le.is.
IAturs has power to pass suy act, in opposition
70 the Code if not contrary to the Constitution
And il upon the same subject, there is
provision in the Code and one in tho act of
Legislature, passed since the Code-and the
last one is in opposition TO the 6rst-it, Of
SSess'ity repeats the frst This We under
stand to be Law and cOmmou-seuse.
Another ground upon which they rest their
application is-tbat it is in violation of Sec.
Of the 7Ih Article ofIhe Constitution of the
state, which is that .'the Board Of Super
VisOrs Of each county shall, under such gen
erAl regulations as may be prescribed by Law.
have the SUI erintendence and administration
OF the internal affairs and fiscal concerns Of
their county, &c" The idea We suppose is.
that the Legislature has no power to remove
the County Scat Of any county. This Con,
stitutiOn was formed before tho County. Seat
was moved to Shepherdstown. nd info,co
when the act moving it to that place was
passed
If the late act fixing it at Chariestowu is
unconstitutional, surely the &C; some years ago |
fixing it at ShePherdstown WAS uucunstiru- !
tOna', and the County Seat really has always |
beea at Charles'"Wn-irOmw which 81 zee it has !
neVer been removed in a Constitutional
manner.
We always presume that Courts Of Justice
viii do Wha, is strictly right. snd We are con-
6dent Judge Hall will not grant the irjuuc-
ton. aud this question will very soon lie
settled.
FRANCES AGONY