The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-09


into effect, the Legislature would no
have passed the residue independently
then, II some parts are unconstitutional
all the provisions which are thus depend
ent, conditional, or connected, must tal
with them"
No one will pretend 10 claim that thI
right to collect tolls for passage owe
this bridge was not dependent ant
conditioned on the right TO cree
and maintain the bridge, nor tina
the Legislature would have granted TIL
right TO collect tolls independently, ant
without granting the right to build ant
maintain the bridge. Such claim would
be absurd; for how, or from, or for whR
could the tolls DO collected without
bridge. The question Is too simple 10 ad
nit Of extended argument, and we leave II
We are, then, from the premises, iorceC
TO the logical as well as the legal conclu
sion, and the said bridge company, up Il
the time of the rendition Of this decision
in 1851, by the Supreme Court, and a
that time, had no lawful authority to builC
and maintain their bridge, or TO collect
tolls for passage thereon.
The next step IN the history OF THU
bridge, and the one now to be considered
Is the act OF Congress concerning TIL
same, passed August 81, 1853, IpoBytht
petition Of the bridge company. Thi
act Is the 9th and 9TH sections Of q postal
appropriation act, and in these words:
"SEC. o. And be It further enacted, Tina
the bridges across the river at Wheeling
in the State OF Virginia, and at Bridge
port, in the State of Ohio, AUDITING OF
zAne's Island il said river, are hereby de.
clared to be lawful structures in theil
present elevations, and shall be SO helt
and taken to be, anything in any law OF
laws Ofthe United States to the contrary
Notwithstanding" s5 -..
"ISRC. z, and be il ftIrtESr enacted, That
the said bridges arc declared to be, and
arc established post.roads, for the passage
Of the mails Of the United States, and thai
the Wheeling and Belmont Bridge Com
pany are authorized to have and maintain
their said bridge at their present site and
and the officers and crews Oh
all vessels and boats navigating said
river are required to regulate the use Of
their. said vessels and boats and Of any
pipes or chimneys belonging thereto, SO
as not to interfere with the elevation and
construction Of said bridges" HEl 81
What, then, are the legal effects Of these
sections?
The simple effect Of the 9th section is !:
That itmade these bridges, before unlaw-
full structures, lawful structures and from
and after the passage Of the actinto law.
Aud that Of tho 9TH section are: First
1T made these bridges post.roads, for
The passage Of the, mails Of the United
States. Second-It gave the right to the
Wheeling and Belmont Bridge Company
10 own, and to hold, and TO keep in their
then present condition these bridges,
which the former section had made law.
full structures, and 10 which, before, the
said company had no lawful title, because
Of the bridges being unlawful structures,
as property independent Of any toll or
other franchise. And this from and after
The passage Of the oct into law. And,
Third-It made 1t thereafter unlawful for
those navigating the river to interfere
with these bridges by the use OF their yes.
sells or boats, or OF any pipes or chimneys
belonging thereto.
II, however, it should be claimed that
either or both Of these sections ofthe act
Of Congress was or are retrospective in
Its or their operation, and made those
bridges lawful structures from the time
they were erected, and for this reason
made the charter Of the company valid or
operative from the time OF its passage by
the State Of Virginia, we would reply
that this construction would be both in
Of the language OF the statute, Of
the rules for The construction Of statutes,
and OF fundamental constitutional prin-
ciple. Each OF which we will briefly eX.
anime, and, First-It would be In viola.
ton OF the words Of the act Of Congress
in making the present and future lenses
Of the verbs therein refer to the past In
stead Of the present and future, as they
should. Second-Such o. construction
would be il violation Of the familiar rules
for the Interpretation oil statutes, two Of
which we will mention: "In interpreting
clauses (ol statutes) we must presume thai
words have been employed In their natu.
raj and ordinary meaning" "Where q
law is plain and unambigious, whether
It be expressed in general or limited
terms, the Legislature should be intended
to mean what they have plainly express.
ed, and consequently no room Is left for
construction" Cooley on Con. Limita-
tons, PIP. So, 81.
"That q statute should operate pros
pectively only, unless the words employed
show a clear intention that 1t should have
a retrospective effect. And this rule Is
one Of such obvious convenience and jus.
tice that it must always be adhered to in
the construction Of statutes, unless there
Is something on the face Of the enactment
putting 1t beyond doubt that the Legisla'
lure meant 1t to operate retrospectiVely.'
Cooley on Con. Limitations, p. 60.
Thirdly-SuCh construction OF this
act or any part oil It would be contrary L
fundamental constitutional provision
namely: That Congress cannot delegate
any Of It's constitutional power, and
which it would be doing, II It at
tempted to make valid or operative
acts OF the Legislature Of Virginia
before void or imperative, because Of TIT
want Of constitutional power In the Leg
stature to pass them. For 1t is plain that
II Virginia had not the authority to pass
these acts as a whole, Congress could no
confer 1t upon her. 1t could only be dont
by an amendment OF the National Con.
stitution. II Congress could do this, shC
could only make the charter Of the Bridgl
Company valid or operative by exactint
it word by word. And then their charteI
would be the sole creature OF Congress
without any connection with the one for.
merly attempted to DO given by the State
This Congress has not done. To SAY
that she did 80 by Implication in passing
the act she did, seems to US, would b
foolishness.
Again, should 1t be claimed that TIL
words ITO have and maintain" in the sew
enth section Of the act Of Congress, con
fer upon the Bridge Company toll fran,
chises, We reply that neither Of thes
words nor both Of them together hsvr
any such meaning, either in lazy or Ian
guage. They are in this connection
=