The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-08-05
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RAILROADS.
The amended Constitution contains
some very severe restrictions on railroads;
but our State can never prosper without
such roads. They are necessary 10 the
development Of our great mineral re.
sources. Capitalists will not invest their
money In the construction Of such i'm.
provements IN the face oil unreasonable
restrictions. We have not the means
within ourselves to dot. Wemust invite
capital from abroad. II will not come TO
encounter embArrassments and limitations
which will render It's investment unsafe
and Improbable. Already alarm exists
on account Of these provisions; and some
who were iavorably disposed to make in.
vestmenIs In railroads In our State, have
determined to await the result Of tho vote
in August next.
"THE JUDGEMENT OF MS PEERS"
There Is q clause in our present Consti-
tuition which reads: mo person, in time
Of peace, shall be deprived Of life, liberty
or property without due process Of law"
Certainly that sright. But the new Con-
stitutlon adds these words, land The judy
ment Of his PEERS"
Eminent lawyers interpret this clause
to mean, that there must be jury in
every case where property Is taken, no
matter by what process; as for instance,
no tax receipt can have the effect Of an
execution until Jury has passed upon II;
no sale under q deed Of trust, no execu-
ton OF o vendors lien .. Of a Judgment
lien, can take place withLlt the interyen.
ton Of jury. II SO, there will be no end
Of the laws delays, and no power Of com.
putation Of the costs TO which the people
must be subjected in tho transaction oil
their business and the recovery Of their
Just demands, Lawyers, clerks, &C., will
have rich harvest,
ANOTHER "BUNGLE."
The amended Constitution, II adopted,
will make II questionable when our mem.
bers Of Congress are to be elected; or
whether they can be elected this year at
all, without calling special session Of the
Legislature 10 appoint day for their
election. It Is needless to enlarge on this
question, which has recently received 80
much attention from the legal profession,
whose differences OF opinion in relation TO
It proves how really difficult and embar-
RAISING the question Is.
FINALLY.
The schedule to the Constitution plo.
vides that you shall vote for all the officers
created by the Constitution on the same
day when you vote for the adoption or
rejection oil the Constitution itself; and
further, that the Constitution, II major.
ity Of the votes be for it, shall take effect
and be operative from, and including, the
day OF election; although this majority
cannot be Ascertained, nor can It be
known that there Is any such majority at
all, for ten days or two weeks after the
day Of election. Were there ever two
such extraordinary propositions submitted
to any intelligent people? What will be
your condition between the day OF cleo.
tion and the time when the result shall be
ascertained? Which Constitution will
you recognize? "Under which king,
Benzoni" By which fundamental law
will you regulate your lives, your conduct,
and your responsibilities
The reason for fixing the election oil
officers on the same day when the Con.
stitution itself is on trial is quite obvious
It originated in distrust Of the merits oil
the instrument submitted, and in appre.
hension that if allowed to stand alone on
It's merits, the people would probably re.
ject It. Therefore, the device was re-
sorted TO, Of enlisting host Of eager and
aspiring candidates and their partsans in
It's favor, who, in their ardor and zeal for
office, would seek to carry the Constitu.
ton in order to secure the election Of
themselves to profitable positions. This
was most unfair. Nay, it was most IN.
wise. A matter Of such vital importance
TO the welfare Of all the people should
not have been complicated with, or EN-.
barrassed by, the excitement, strife and
passions of political and personal con-
test. The dignity Of the occasion re-
quired the exclusion Of every element of
distraction; and the people should have
been left free, calmly and deliberately to
render their verdict OF approval or dis.
approval. Is there not reason enough in
this consideration alone TO justify, i not
to require, the rejection Of a Constitution
presented under such circumstances?
Would It not be well to administer, in its
rejection, stern rebuke to selfish politi-
claus for such presumption, and to teach
them TO know that the people will not be
trifed with in q matter so grave and
solemn In It's nature and relations?
The writer Of this address to you Is an
old man and a private citizen. BE has
no selfish purpose to subserve. As it re.
spects himself 1t makes little difference
whether this amended Constitution is re.
jected or not But for his children, for
his fellow. citizens, for the welfare and
true honor and glory OF our young State,
he hopes 1t may be rejected. This, at
least, he thinks he may, without pre-.
sumption, ask: That your determination,
whatever it may be, shall be free, fair,
dispassionate and well considered.