Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-07-29
9THEpENITBNFIARY4 CASE,


Insthe Supreme Court of Appeals il sessi
sion at Wheeling, on the 18th Instant in the
case of WmssI Bridges agains. Thomas H.
shalcross Asssdandamns piis,. Judge Raymond
delivered the opinion of the court sustaining
the appointments made ~ the Board of Pubs
lie Works.
OF tkis opinion The WHEELING Register
says:
s'The Completeness " and comprehensive
character of the opinion will attract general
attentfeh. Every point raised, every argu-
ment adduced in support of the extraordinary
claim put forth by the Governor and his
special adherents, was cercfuil5 AT and conscoiisn-
tiously examined. Nothing was left uncon-
sidered nor unansweredi aud the strong legal
reasons for the decision were found to stand
unassailed and Snnassailable. Chief Justice
Raymond, President of the Court and author
OF the opinion, deserves credit for having ex>
pressed it SO clearly and marshalled with such
irresistible force the reasons upon which it is
based. 1t leaves absolutely no ground for
cavillingj no>single point of weakness or de-
feet. In short it is simply plain common
sense, which he who runs may read and un-
derstahd, aud the wonder is that even Cow
ernor Jacob should have been betrayed into
the assumption of powers which the law SO
clearly shows to- be preposterous aid absurd"
After an able, lucid, and uuanswerable ar
gumeut, as to all the questions at issue, the
Court arrived at the following conclusion
Under the authorities, principles, facts and
views above stated, We are of opinion that the
act of the legislature of this State passed on
the 18th day of January, 1873, entitled Gan
act amending and re>enacting section / of
Chapter Sc of the Code of West Virginia
concerning the Board of Public Works." and
enactIhg that said section be amended, and
re>enatted SO as to read as follows: 81 The
Governor, Auditor, Treasurer, Superintendent
Of Free Schools, and Attorney General, shall
be and continue corporation under the STYLE
of the Board of Public Works. is not re-
puguant to the Constitution Of this State but
is valid and binding. And we are also fur
Their Of the opinion that SO much of the act
passed by the legislature of this State on the
first day of April, 1878, entitled .sAn act to
amend and re-enact sections two, six, seven,
fourteen, and nineteen, of chapter 1853, of the
! Code of West Virginia, as is directly involved
in and applies to this case and especially the
parts thereof by which it is enacted that the
Board of Public Works shall on the 18th day
of April, in the year 1873. and every two
years, thereafter appoint Superintendent of
the Penitcntary at Moundsville, whose term
of service shall begin on the first day of May
next after his appointment, and who should
have the p6weF and perform Tho duties of said
office prescribed by law, and shall receive as
an annual salary not to exceed 81, 500, at the
discretion of the Board of Public Works, is
not repugnant to the Constitution of this State,
but is and are valid and binding. Both of
which said acts of the legislature are men.
toned and relied upon by the defendant in
his return to the hsanddhasts nisi issued and
returned in this cause.
It is therefore considered BY us that the re-,
turn of the defendant Shallcross made to the
said writ of manddn,us nisi issued and re-
turned in this cause, is insufficient in law, and
that upon the demurrer filed by the complain
ant Bridges to the said return, the law is in
favor of the complainant and that the said de-
raurrer must be sustained, and that peremp-
tory mandamus do issue in this cause, and
that the complainant Bridges do recover
against the defendant Shallcross his costs
about the prosecution of this proceeding in,
this court expended.
Ia this opinion delivered BY Raymond,
Judge, Judges Paul, Hoffman and Moore