The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-18

the same act, and also the question Of
the eligibility oil those offic rs to COM
pose tue Board OF Public Works, under
the Constitution, in The Judiciary Com
mittee-coming up as uninished bust
hess from Wednesday
Mr.. Saerrard slaIed briefly that the
resolution was only one o. reference,
and had no further object than to bring
information before the Senate upon
which it could thereafter act as it
thought proper. He thought the i'm
portsnce oil the subject demanded inves-
tigstion.
Mr.. johnson, said he could never
consent to the action Of the Senate be.
ing reviewed hy any subordinate body
thereof nor would 1t be good policv TOR
the Senate TO )ucede that it had takea
an action which was unconstitutional,
Mr.. Sherrard sail that no honest
man or body Of men need ear to have
his or its past actions reviewed, but that
upon the contrary, il lacts were devel-
oped subsequent 10 the action taken
hat rendered the propriety thereo (
doubtful an opportunity would rather be
sought to rectIiy the error.
Mr. johnson stated that the parlia'
mentary practices o. public "odies clear
ly sustained him 10 saying that the ac-
ton OF any legislative body is only sub.
ject to investigation by ITSELF by new
bill to repeal 1t The presumption is
shat mem oers OF such body had made
up their minds as to the constituuonal-
ity and praclicabrlity OF any act before
it's passage. The legislative part o. the
government. he said, was wholly dis
tinct in lts privileges, as well a. its
character, from the Ju icla the latter
having power u review and correct lis
actions, while the act OF the former DIT
vested il OF further juri dict on, except
iu q new proceeding IN the nature OF a
bill OF repeal
Mr.. Sherrard could not see why, il a
bill could BE- introduced 10 sfec a pre-
vlou4 act, q resolution directing lnq1i.
ry into the expe iirncy OF passing olIl
OF that character could not also be 10.
troduced AID consistently adopted
Mr. Wa ker had hoped that no dis
cussioo would arise upoa thu reso utIon.
He saw language IN the preamble aud
resolution that he thought should 60
before no Committee as 1t was wholly
out ofthe provluce OF such boiy ~
act thereon
He wlshedto know who had ever
heard Of membership p OF Board Of
Public Works being an Office J 1t WAS
simply an agency OF the people, for
which no pay was receivcd-an eutIre-
ly gratuitous service. 10 make an
off ,e, il was necessary that it's lncum-
bent should be elecged or appointed,
and reeve pay for hi- services. de
desired to know il the officers appointed
to compose the Board OF Public Works
were Sc eected 10 such capacity under
either OF these conditions.
AS TO the constiutionalitv OF the act
o. December. y, be said that it was
wholly without the province OF any
Committee 10 decide The Legislature
was the main power, and the ouly way
ia which TO Touch the question WAS bV
new bill. In that manner, il any
member couli be found who would g
back upon his record, all very well but
he doubted very much il the vote upon
any new proposition o that k nd, would
differ very materially from the original
vote
The proper mode, he tIonght was
for the Legislature to take no acton IN
the mailer whatever, but 10 leave II 10
any minority when IeIt sggrleved to
carry It to the Supreme Court. and have
it there deci led IL II was decided an
unconstitutional act, it would Of course
be null and VOID rom It's existence, aud
il such decision was reniered during
the recess OF the LEGISLATURE, II would
be the duty OF the Governor 10 Call an
extra -e-slon TO REMEDY the EVIL
Mr.. Cunningham arose to state his
reasons for voIiug as he should. Ht
thought that ss the resolution was en-
tireIy one oi inquiry, Intended TO develop
facts that would be OF service aud profit
10 the Senate, II VA proper 10 adopt 1t
He thought that the Legislature could
only rev.ew past act by u new oil
He would Therefore vote Tor tue adog-
ton OF the resolution, as he always
made it point 10 IavUr ANYTHING OF a
proper character, that will bring to
ligut new iacts.
al ta1 ha
derstood this - be a reso uton OF in-
aury, and as be was always wiling TO
tie corrected il be had taken wrong
slep be should vore 10 rayor OF It He
laid that be voted or the act OF Decem-
Der last, creating the Board OF Public
Works.
NJ Scott stated that in view OF the
division OF sentiment which ne observed
upou the q ,or, "a well a. OF toe facss
az he saw them, be shoul vote for an
e1smiuation into me subjrct. Here
rerred to the opinions OF James Msi-
SOD, upon the points that we're Involved
10 lh case This DOted exvounder o.
constitutional and statutory sw, had de-
cided that the Executive had exclusive
right to the appointing power, unless
such right was expressly lnhlbI Ell
TO him by the Con-ti ulion- Tnl-
the speaker considered god lsS. He
cited case 10 the OHGo Supreme Court
where a SIMILAR point 10 tue one raised
by the resolution was decided. The
side OF the case represented IN tne Senate
by the msjoritv. and the IN norlty o the
House wa srgnei BY Judge Thurman,
OF Ono, whom be considered the shlest
aud most brllIsot expounder OF las,
living, while the other side was repre-
sented bv men OF ability shd enineuce.
Mr. Walker called for the decision
M. Scot remarked that 1t wa 100
lengthy 70 be read, but n the subject