The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-09
West Virginia Legislature
SENATE.
MONDAY. December l

| coming up as unnnl6hed business, Mr.
Bennett offered the following amend.
ment to the resolution
Strike out all after the title and in
sert in lieu thereof the following:
WHEREAS, The Governors message
dated the 18th of November, 1873, and
communicated to the Legislature on
that day, the following language is used
in respect to Henry S. Walker, late
Public Printer OF this State:
II am fully convinced that Mr..
Walker has received large sum OF
money in excess of the amount he
ought to have received, and that be
ought to be compelled to refund it to
the State. In matter affecting so
seriously the public interests, l have
the right to ask the moral and mate
/, rial support of the Legislature, l there
fore recommend that you authorize suit
to be instituted, and that you provide
means for the payment OF fees OF witt
nesses and other expenses incident to the
trial and prosecution Of such action"
And,
WHEREAS, The Legislature has not
been informed by the Governor what
moral or material aid is requisite, nor
why he asks authority to bring suit. or
for means for the payment OF tees OF
witnesses and other expenses" for If the
Legislature has heretofore failed in any
OF these duties, and been apprised oil
the Executive requirments, it would &C.
cept the present admonition to repair
any defects 10 the laws touching the
Executive duties Of this State. And,
WHEREAS, The Constitution requires
of the Chief Executive that "the laws
be faithfully executed" This carries
with it the power Of commanding and
requiring the services OF all subordinate
officers, for the vindication and main
tenance of any and every right which
appertains to the State. By the %
section of chapter 50 of the Code, it is
provided that proceedings may be in.
stituded aud prosecuted to enforce pay
ment ofmouey due the State, and it
may be in the name OF the State,
though, the liability is created ard ses
cured by bond or other instrument,
payable to, on covenant or contract With,
any public officer or other person, &C
ting in behalf of the State. For the
purpose OF enforcing these demands,
the Constitution has provided an At
torney-General, whose duty it is to APP
pear and prosecute for the State, with
out any other fees or emolument than
the salary fixed by the Constitution.
By the 23d section of chapter 81. Of the
acts of the present Legislature, APPROX
ed by the Governor, March 81, 1873, it
is provided, that 'there shall be paid
out OF the Treasury, to clerks and
sherifIs, the following lees, after
the came are duly certified 10 the
Auditor" viz "To clerk Of the Cir
cult or county court, for services renr
dered the State in civil case, such fees
as would be chargeable for like services
TO an individual" and the same rule
applies to al other officers. If these
provisions are insufficient for the pay
meut of fees, by the Dist section OF
chapter Ill OF the acts Of the present
session, approved April 7, 1873, $500
were appropriated to pay fees in civil
suits, in the collection OF taxes and
claims. This appropriation was for the
fiscal year ending with the 30th day Of
September, 1873. A similar appropri-
alton is made by the 10th section OF the
same chapter for the fiscal year ending
with the Goth of September, 1874, and
uses the following language: ITO pay
ices in civil suits in behalf of the State
in the collection OF taxes and claims. "
In addition 10 these appropriations,
there were for each OF said fiscal years,
ito pay commissions to agents and at
torneys in the collection Of debts due
from defaulting officers, 81 1000" If all
these provisions were inadequate for the
purposes OF indicating TO the ut
most extent the rights OF the State, the
civil contingent fund, which appropri-
ates the cum OF SIC, 600 for the present
fiscal year, and places the same at the
disposal OF the Governor, payable upon
his order, addressed TO the Auditor, in
the execution of any law, for which
the Legislature has made no appropri-
alton And it has been shown thai
the Governor has not onl y the money
necessary for the execution Of any law
but has a. his command the subordl
nate officers OF the Executive depart
ment, to institute and prosecute such
claim az he may direct, and it is be-
Ilieved that the Legislature has provd'
ed all the facilities necessary to main
tain the rights of the State. But new
ertheless, il the Governor, in his opln-
| ion, has not authority to use the clyI
contingent fund in the enforcement o
law, for which the appropriation WAS in
tended, authority 10 do so Is heree'
resffirmed. 1t is therefore
Resolved By the Legislature Of West Fr
ginia: :. =,
That the Legislature, in making tn
several foregoing provisions for the In
stitution and prosecution OF all claims
has complied with its duty, under thu
Constitution and it considers that tn
Executive powers begin where the Leg
is|atiye ends. italso considers 1t to 81
the duty Of the Governor, itin his opin!
ION the interest OF the State requires II
to proceed without delay 10 cause pro
ceedings to be instituted and prosecuted
for the recovery of all the money du
the State, whether such proceedings b
against the Public Printer, or an!
other State officer or agent.
The following bills were read a thlr'
time aud passed with their titles.
Senste bill 2el, concerning conflict
ing claims to p. roper y LEVIED s,n on 0'
Senate bill 800, requiring certain ON
GERS to make annual settlements an
providing for the confirmation aud re
correlation OF the same, and force an