The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-20

| "E6nAx 1sAUASAA ss
| One CODY, yr...S2O0 Five copies, yr.1 90
)ne copy, mos LOO Ten copies, W. $50
MOdoe heanderings. r
From the Charleston Courier.
We have been shown a very remarka
BILE letter from a very remarkable per
son. about some very remarkable bust
ness. We append copy.
MousDsvlLLE, May 6, 1873.
To Msssrs. j. W. Gal1aher, Rober
Simpson, Jas Il Smith, johnson N
Camden. and Jas 0 Watson, Diree'
| ofths West Virginia Penitsntiary.
GENTLEMEN 1T is the desire Of Hi
Excelleucy, Governor John j. Jacob
that the Board Of Directors shall meet
as soon as possible, aid make arrange
ments for the payment Of the April
Bills for the support of convicts, pay o.
guard, and employees, and to prepare
advertisements for the necessary stone
lumber, &C., to be used in the compile
ton Of the wall, buildings, &C., Of the
Penitentiary.
II there is any hesitaucy on the part
Of any member OF the Board to meet
for the purposes indicated, at an early
day, it is his expressed wish that thai
member shall 60 indicate to me, and
through me to the Governor, who will
appoint some one to fill the vacancy bis
refusal to act will necessarily create.
Hoping 10 receive a prompt reply
! am. respectfully,
Your Obd't Serv't,
THos. P. SHALLCRoss, Sup!.
The gentlemen to whom this alluring
invitation is addressed are the former
Directors OF the Penitentiary. They
are the gentlemen who, but for the ap.
pointment of a new Directory by the
Board OF Public Works, would be still
the Peuitentiary Board. II the action
of the Board of Public Works in its
recent appointment of Directors, be, as
claimed by the Governor, void and o.
no effect, then it follows that the gen.
tlemen above named are still in place
1t suits Governor Jacob as little to have
them on the Penitentiary Board as to
have thoae who have been named as
their successors. To swop one Board
for the other-Camden and Gsllaher
for Tom Smith and McCarriher ia in
the Executive view, quite similar to
shopping the devil for a witch. He Is
not only bent on keeping the new
Board out, but on getting a Jacobin
Board in: In this he fails, unless he
can GUST the predecessors OF those
whom he is now fighting, 80 as to
make appointments OF bis own to fill
the vacancies. And how does he pro-
coed to reach this result2
Having no earthly authority over the
Board oil Directors, past present, or 10
come, he iuslructs bogus superinten-
dent, to issue a notice to a de;unci
Board, that their failure to obey the
orders OF an officer having no jurisdlc'
ton, will create vacancies in places
which they don't occupy, and make
necessary the exercise OF an appointing
power which does not exist. The Gov
ernor has no more to do with calling
me etings OF the Directors than his
Modoc prototype. Much less can be
depute to Mr.. Shallcross power which
he don't possess himself, to call meet
ing of the Directors. Still less can the
Executive prescribe the conditions
under which vacancies will be created
And still less can he create vacancies
arbitrarily, in order to FIJI them with
out authority.
The power of appointing these Direc
tors, OF removing them from office, anc
of filing vacancies in the Directory II
vested by law in the Board OF Public
Works. Whether the latter Board b
properly filled or not, at present
! matters not. The Governor has moth
ing whatever to do with the filling o
! vacancies in that Directory, because
the power is expressly vested elsewhere
The suggestions of the Shallcross lettel
are therefore exceedingly toolish.-l
shows above all that the purpose OF thu
Governor has not been 90 much to tee
the coustitutionality of an act OF tint
Legislature, az to obstruct and confuse
public affairs by his vicious and obsti'
nate practices.
The letter is a subterfuge on its face
No arrangements" made bya Boarc
which is out of Office, for the paymen
of Penitentiary expenses could have
any practical recognition or result a.
the disbursing offices OF the State. Tht
intimat;on that contracts for the years
work are about to be entered into ex'
poses itself. for the very letter OF th'
law forbids the old Board to make con-
tracts to extend more than thirty days
beyond their :erm.
We print this letter chiefly as one o.
the incidents in the meanderlngs Of th'
mighty Modoc. We have an abiding
faith es to the manner in which th'
Governors disordsrly and disreputabl'
conduct will end, and many OF hi
friends are of like mind with US tina
the result will not be exceedingly cred
liable to our awful autocrat Tha
martyrdom which he 80 earnestl!
courts we hope may be denied him. Al