The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-07-24

annual salary and for part of the veal
! further per diem compensation, such q
I 70 invite the services of person of NOR,
than ordinary intelligence and integrity
BY the statute it is made his duty Il
guard and take care Of the capitol build.
| ing, with the apartments IN or connected
with it. Histrust in the custody of the
apartments in the capitol including fur.
niture, records and public documents, j:
important, and his character ought to b
[ equal TO the trust Compared with these
duties, that of procuring the insurance o.
the capitol building, or approving ii
when the State House Company has pro-
cured it, as the Governor has done, is
but trivial Itrequires no record.
The Auditor preserves the requisitiOn
in his Office, as a voucher for the pay
ment. and the State House Company, for
whose benefit the property is insured,
preserves the policy of insurance. But II
It be proper that the Janitor keep a
record or account of this and other mai
tiers in his charge, there is 20 reason why
he should not do so. .f......-......
If the care of the capitol building does
not necessarily imply the procurement or
approval of the insurance when an APP
preparation for insurance is made, never
theless the two functions are so closely
connected as naturally TO be united in
thought and language. Here the Legs
lature has provided that a janitor shall
be elected and paid, and that he shall
take care of the capitol building and
has appropriated money to pay for the
insurance of the capitol building and
State library, and has declared that such
capitol building charges shall be paid on
the reouisitiOn of the officers having those
matters in charge. We are all of opinion
that the Legislature did not intend to
make the charges mentioned payable on
the order of the Governor, and three of
lis are of opinion, without seriOns doubt,
that by these provisions the Legislature
intended and etfectuallv enacted, that the
charges should be paid on the rpquiSitiOn
of the Janitor.
The provision in section "a APP
propriating money to pay for gas, ice,
water and other neccSsarieS, and care of
the public grounds and buildings and
that in section 30, appropriating money
to pay for insurance Of the capitol build
ing are similar; and the provisions in the
separate paragraph at the end of the
latter section, that all such capitol build
ing charges shall be paid on the requiSi-
ton of the officers having those matters
in charge has the same relation 10 each
of these antecedent provisions. If under
the constitutional and statutory provi-
sions that have been discussed or any of
them. il be the duty of the Governor To
procure the insurance of the capitol build
ing, il is likewise his duty 10 procure the
gas. ice. water and other nrccsSarir-. II
it is not his duty to purchase these arti-
Giles and make his rcquiSition for pay
ment. it is not his duty To procure or APP
prove the insurance of the capitol build
ing or to make his rcquisition for the
payment of charges therefor. We cannot
readily construc the law to require the
Governor topgrchase the ncccSsaries men,
toned; and, unless We do 80, We
cannot construe it to require him 10
procure the insurance. On the other
hand, if the law requires the Janitor 10
purchase the gas, Ice, and water, II re-
0uircs him t0 procure the insurance of
the Capitol building and to make his
requisition of the charges Of all. So
that any construction of these laws other
than that which we adopt would lead to
abSurdity.
Counsel argue that even if the Gov
ernor had no authority to make the
order to the Auditor to issue his warrant
on the treasurer to pay the chargcS,on the
insurance; vet the Auditor was conclud-
ed bv the Governor, order and was
bound to make the payment; and that
this court should compel him to do so.
But rs the Governor had no authority
to make the order and the Auditor was
not authorized upon the Governors
order to pay tho money appropriated for
the insurance Of the Capitol building. II
is sclf-evident, that if this court has, and
NAV, in this form exercise the juriSdic-
ton of this case, it cannot compel the
Auditor to issue the warrant. The action
of the Governor is invalid, whether the
Janitor has authority, or has acted on
the subject or not But the Janit"r has
the authority to do So, and has procured
his insurance and made his rrqusitiun IN
favor of the insurers, and the Auditor
has issued his warrant in their favor for
payment of the premiums.
The Acknowledgement suggests that
this Court cannot by mandamus compel
the Auditor, who has exercised his judy
mcnt, to act in opposition To- It. That the
proceeding is in effect against the stat,
and not authorized; that the mere agents
of the insurance companies cannot main
tain mandamlus to obtain money once
PAYABLE to the companic-, which has been
Voluntarily paid by the agents. But W"
are not required TO consider these quc'-
tions in order to dispose of this case.
The return to tn" mandamus MS" l.
sufficient. the demurrer thereto Is over
ruled. Il peremptory mandamus Is refused,
and the petition is dismissed, and costs
are awarded t. the defendant against the
petitioners.
Hsvrnond. President; and PAUL, Moore
and Hoffman. Judges, concur in the fore
going opinion, a well Il, the points de-
cided and the judgment, except that PAUL,
Judge. thinks the capitol building charges
were omitted in the legislation on the
subject. and were not payable on the
order Of the Governor or the rcquisltl"n
of the Janitor or any other officer.
PHOTOGRAPHS.