The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-02
at'hcrlinq 2cai5ter.
ExECUrIsE UsU sPATION.

afternoon. 1t appears that Mr.. STALL
oRoss, late Superintendent o that In-
st,uliop, acting under an order from
Governor JACOB, refuses to permit
CsTtsiu BRIDGES, the present Superln'
tendent, to enter the building, and ex'
cludes also the members of the Board
OF Directors.
A few words OF explanation may be
uecessary to place in its true light be-
fore the public this high-hspded pro-
oseding. Nearly q month ago the
Bard OF Public Works, in pursuance
Of authority conferred upon it by law,
appointed Board Of Directors OF the
Peuitentiary, consisting OF dve gentle
mso, two OF whom were members OF the
for ruer Board, aud three were new sp-
poiutments. The new Board met at
the Penitentlsry on the 18th inst
without objection from the then Super
intendent or from the former Board
o-ssnized, made several orders. ap'
pointed several Of the minor officers OF
the prison. aud adjourned. Their su-
thoritv was fully recognized and the
officers appointed by them entered st
once upon the discharge Of their duties.
About the same time. the Board o
Pablic Works, acting 10 accordance
With the law, appointed Captain W L.
BNpess, Of Mercer County, to be Super
,ntenient Of the Penltentisry, thus sup
s-seilox Mr. SaALLososs. Mr.. BRIDsss
having been duly Commissioned, hsv-
.ny taken an oath Of offi;e and given
tue requisite oti;ial bond which has
oeen duly approved by the proper su-
tnority, presented himself yesterday In
company with the Board Of Directors
ali formally dernsndsl possession Of
Toe Penltsntisry fhey were, met at
lne gate ofths prison by Mr.. SHALL
eros; VINO torcibly resisted their en-
trance and after some time spent In par.
ley. cane away leaving Mr.. SHALLoRoss
a tsmp)ra possession OF the buIldn ng
The mere rectst OF the crrcumstsu-
ces is sudi ;ieut to show that the late
Superintendent has placed himself in
40 attitude OF rebellion against legsl
authority and has been guilty OF a very
grave violation oil the law. After re.
p.sted demands, he produced piece OF
paper slgued by joan J. JACOB, direct
lng him to act as Superintendent until
Iurther orders. He did not claim that
this gave him authority to exclude the
BJard OF Directors, but said that ne had
received verbal orders to exclude all
persons But this cannot shield Mr..
5aALLcRo.s from the consequences
o. his gh-hsnded conduct No one
koows better than he that the Governor
had no more legal authority to issue
such orders than any prisoner under
his charge. The attempt to influence
ii citizen to violate the law 10 OF itself
q serious offence for which the Cover
Dor himself must answer, but the un.
authorized assumption OF the Executive
will not constitute valid defence for
the citizen. Mr.. SHALLcRoss 10 no long
sr an officer OF the State his official
functious have legally ceased; and he
mas 10 more right to exercise authority
10 or retain possession OF the Penitsn-
tisry than any other mere intruder.
1t 10 useless for him 10 claim that
he does uot recognize the authority OF
the Board OF Public Works to appoint
. Superintendent of the Penitentiary,
because. up to the hour Of Captain
BRIDGES appointment, Mr.. SHALLcsoss
was himself an applicant before the
Board for the position. There was
tnsn no question ip his mind as to the
lawful authority tn the State, and not
until be had failed to obtain re-appoint-
meut did he manifest any inclination to
yleld himself as an instrument Of Gov
srnor JACOBS usurpation.
The Governors course is worthy OF
40 less reprobation. He has
snde.vored to produce q COL
lsiou between the legally constituted
officers Of the State, and those whose
only warrant OF authority 10 his indl'
Sidusl and i'll advised will. II be desires
to bring to 3 test, before the courts his
sublime theory ss to his power TO ap,
point every officer in the State no mat
ter what NAV be the Legislative enact !
uept, let some OF his sppolntees proceed
oy quo Varranto against tue officers
appointed 10 compliance with the forms
oI law. The Board OF Directors aud
The Superintendent OF the Peniteptiary
have proceeded iu accordance with the
statute provided by the Legislature The
presum ptlon is in their favor 1t lie for
che Governor 70 show that they are not
legally appointed, not for them to bring
N Question before the court the su-
Ihorlty OF every individual who may
fancy that be is superior to law. The
burden OF proof lies with those who
deny the validity Of the lsS not With