The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-15

cation IL bitterly opposed, carried only
Siter n Drotracted struggle. And then, in
violation Of all Justice, fairness and par
limentary usage, the speaker (whose rul'
ings are said TO be dictated by party
caucus,) appoints upon the special Com
miltee substantially the same gentlemen
whose actions arc 10 be investigated.
Without dwelling further upon this sub
jCct, | venture The prediction that the
present Legislature will have proved the
most costly, ia proportion TO the length Of
its session, that We have had since the
State was formed.
A total disregard for constitutional OBJ
legations Is another feature presented By
tho course Of the dominant majority. The
extent TO which the Constitution has been
violated, through ignorance or wiltulness,
may be imagined from the grave debate
in the House Of Delegates upon the qucs.
ton whether the Constitution Of the State
or rule Of the House Is the paramount
law, but can be hardly known with acCu.
r0cy until the laws passed at the present
session shall have become the subjects Of
judicial investigation. 1t will then be
found unprecedented in the history Of tho
State. When the Legislature assembled
in November, they had before them the
grave task Of revisiting the entire Code
and making Il conform to the policy OF
tho new Constitution. Instead Of enter
ing at once upon this duty, which they
were solemnly sworn to discharge, and
which would have taxed the powers Of
far more able body, they have wasted
their time, at vast expense, in the discus
sion OF questions Of no immediate couse.
quence, 10 the almost entire neglect Of the
duty imposed upon them by the obliga-
tions OF the Constitution, and enforced by
the sanctily Of their Oaths. Alter few
months session, tho State is almost desIi.
tute Oilaw. Hundreds oil enterprises are
held in Obeyance. capital dare not move.
The development OF our resources is sus.
pended. The actual loss to the State, by
the delay in legislation, is enormous, and
the far greater loss and vexatiOn resulting
from the crude, unwlse, ill'digested laws
which will be hurried through at the end
Of the session, it will require years to est.
mate. -s son ~.
The adoption Of the new constitution
creates a grave doubt as to the proper
day for the election OF Representatives In
Congress. Votes were, in fact, cast for
Representatives on three different days,
and the question, who were legally elect.
ed, was one difficult Of determination. III
there had been but ono election, the only
question to be decided by the Governor
would have been merely numerical. 1t
would have been his duty simply to count
the votes, and give the certificate Of cleo
ton TO the person receiving the greatest
number of votes in each congressional
district. Under existing circumstances,
however, grave questions Of law arose,
upon which the ablest lawyers Of the
State widely differed. The only tribunal
competent 10 decide the question Is the
House Of Representatives, which, by the
constitution Of the United States, is made
the exclusive Judge Of the election, re.
turn, and qualification OF its members.
The Governor, therefore, wisely decided
merely TO certify the facts to that House,
and leave to 1t the decisions OF the ques-
tions involved. Our Legislature not
satisfied with this prudent and temperate
action, has not only arrogated TO itself
judicial and executive functions, but has
assumed the prerogatives Of the House Of
Representatives in Congress, by deciding
the whole question, and directing the
President Of the Senate ogiVe certificates
10 men who were elected on day when
hardly an average Of one.siXth OF u full
vote was pOlled. So far as this action af.
fects the election Of Congressman it Is
merely ludicrous, but the precedent is
most dangerous one. If the Legislature
has power TO pasS retroactive law 10
determine the result Of IN election, 1t can
control every elective office in the State,
and thwart the will oil the people at its
pleasure.
profess to do no moro than touch
upon the salient points Of the imprudent,
and revolutionary measures
hurried through by the reigning faction
under the strict enforcement Of party
discipline. Nearly oil their legislation
is contrary 10 those leading maxims which
the ablest statesmen and the fathers oil
our country have laid down rs constitut-
ing sound Democracy. In its whole pol
icy, there is an increasing tendency to
the Capitalization Of power at the Capital
OF the State and at the court houses OF the
counties, n tendency to deprive the peo-
pie, as far as possible, of local sell-gov-
eminent and TO concentrate 1t in rings,
which Is directly destructive Of the ex.
tensive and equSl distribution of political
power declared by Thomas Jefferson TO
be the only solid basis OF liberty, and the
only sound guarantee Of stability to Re.
publican government. In most Of their
legislation, the effects Of passion and
prejudice can be distinctly traced. But
their latest achievement, in the passage Of
u sumptuary law, more obnoxious and
severer than was ever dictated by the
most radical puritanism, 1t Is difficult to
understand 1t appears TO afford no op-
portunity for public plumber, to furnish no
stepping stone to personal ambition, 10
crafty no spite against the Governor, and
Is far too ingeniously and deliberately
mischievouB in its provisions to have been
the work Of simple ignorance. can only
account for 1t by supposing it 10 have
been passed under the influence Of the
morning headache, and in u penitential
mood. Hall reports be true, ! may have
erred in ascribing unworthy motives to
our lawyers, and their numerous devla-
tons from the path Of duty and violations
OF sound principles Of legislation may
have had another cause. Perhaps, after
all, the law was designed to afford the
State q partial Naturalization for neglect
Of the public welfare and waste Of the
public funds. II this be so, and indirect
damages BIZ allowed for the unsteady
course and incorporate acts Of our pres
ent Legislature, an action by the people
Of the State against the whisky sellers OF
Charleston would rival, in magnitude II
not dignity, the Alabama claims.
But the most alarming feature OF the
present crisis Is the violent and malignant
attack upon the executive authority Of
fha Slptn Tho npotnYt tnr tho nNN.nI, -