The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28
DECISION.

HlANAAeh ~ hNN ANNANN NNN
amt made to the manlsmus ni'i
AWARDED in hi. cause are a. follows,
Wis
i. IsthO act passed by the legi'.
)alure Oh the l4th day Of January,
1878, entitled IAN act amending aud
rc.suacting section one Of chapter 90
ofthO code Of West Virginia concern.
ing the board Of public works. which
provides that the governor, auditor,
treasurer, superintendent OF free
schools, and attorney general, shall be
and continue corporation under the
style Of tue board Of public works" re-
pagnaut to tho constitution Of this
1tate. and therefore null aud yoid2
Q. |, the act Of the legislature. pass.
sl Oh The l.t Dag Of April, 1873. en-.
titled ian act to amend aud rc.onac.
sections ., C, I, Il aud 10 Of chapter
1853 Of the code Of West Virginia"
providing nmoDg other things that
.hsrs shall be board Of directors Of
tho peuitentiary, consisting Of Eve
persons appointed By tue board Of pub
liz works on the iih DAY Of March, or
as ,Oou thereafter as practicable. and
also providing among other things that
the said board of public works shall on
the 18th day of April, 1873, and every
two years thereafter, appoint a super
iu,endrut Of the penitsutiary at
MIOundsyills, whose term Of service
hl,aIl begin on .hs lst day Of May next
after his appointment, aud in so far as
its provisions arc involved IN this case,
rspurnant to tho constitution Ofthi.
sis,e, and therefore null and void?
NJ question has boon made or ar.
gutd before US as to tho remedy, BY
nupdanus adopted in this case, not
being the proper remedy to try, aud
Determine tue question involved; nol
do We see that il it bad been objected
that tue remedy adopted was not th'
proper QUE, tina. such objection could
30 successfully maintained under th'
authorities.
A case which presents to court for
discrimination the question whether a
law or laws enacted BY the legislature
according to tho forms prescribed BY
the constitution, are null aud void
because eontrariant to the constitution
become. Ut once greatly more grave
and important than other ordtnar!
cases, 10 which such question is mol
involved, aud deserves aud demands
from tho court, aud each member
thereof, the most serious aud dslibsr'
ate investigation. to the end that :
propsr and rightful decision may b.
h,d. Approaching fully tho magni'
tuiO and importance Of the questions
involved in this case for our dctermi
nation, wO entered upon tho iuvestiga
ton and decision Of the case with grea
caution and delieacy, aud with fTet
purpose to arrive at a correct julg'
ment 80 far as We are possessed o
ability to perceive the right, according
10 the ttus meaning Of the conStiia
lion. In the case Of Fletcher Us Peck
9Th Crauch Il, Judge Marshall says
THE question whether a law be yoit
for its repugnancy to the constitution
is, At all times, question Of mucl
dslicaey, which Oush. seldom, il ever
TO be decided ia the affirmative 10
doubtful case. The court. when i'm
pelled By dnty to render such jadg
ment. would DO unworthy Of It's station
sould 1t be uumindfal Of the Solsmr
obligation. which that station imposes
BUTT Is upon no slight implication
aud vague conjecture tha! the legisla
turs is TO be pronounced to have ex
ceeded its powers, aud its acts to b.
considered void the opposition be
tween the constitution and the lav
should DO such that tho judges feel
clear and strong conviction Of tbei
iueompatibilty with each other"
10 the case Of Sharpe IS. Robertson
9Th Grattau II. 514 aud 5T5 Judg
Daniel uses this langusge-"fhu dut!
Of enauiriDg into and deciding upol
the legal validity Of an act Of the leg
i.latura has always been regarded b!
this court, aud justly, as one Of til,
mos, delicate it eau be called upon Il
discharge" aud further "undsr deer
sense Of tue caution with which th,
subject, und such circumstances
ought to be approached, have, III it
investigation, earnestly SndeaVOred Il
discard from my mind every infueuc,
calculated to nli.lcad the judgment
and have been watelIul to suffer II,
impression to mature into conviction
until its correctness had been first sub
jccted to the test Of u calm and impair
iial enquiry" Ia the same case Judgt
Brooke says:-"Tbc question befOr,
us Is 4 different one. have said q
was a delicate one. This results from
the different functions Of the rariouI
departments Of the government Thu
legislature is elected by the pspls-
come Immediately from the people
and they take 40 oath to support tht
constitution. They arc clothed with
the power to make Laws. and macy 0
the members arc sblo laSycrs. /
should not therefore bs in a doubtful
case that the acts Of that bOjy should
be decided by the courts to be uucOu
s,ituliOnal )" Iu tie case Of Eyre vs.
Jacob, 1ltb Gfaliau, Judge Ice, whc
delivered the opinioa Of the majority