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

i0blectS OF the acts are not eApTesseu III
the titles, as well as the object of the act
before US is expressed in its title. 1t Is
by no means clear that In the title to the
act estahlishing.a Hcodsi of laws for this
State, passed in 1858 any actual object
is expressed as satisfactorily, as the object
ofthis act Is expressed IN its title. And
We have no assurance that legislation in
this respect will receive more attention
in the future than il has in the past. To
hold that section SO of the act appropriat-
ing public money, is void as to the desig-
nation of the officer on whose requisition
the money is payable, would furnish
precedent for the construction Of other
statutes on different subjects, the observ-
! snee of which would probably subSert
private and public rights andinterests to
J an extent that it is fearful to conjecture
The provision that no law shall
be revised or amended BY its title,
but the law revived or the section
amended shall be inserted at large in the
new law, does not relate to the repeal Of
law either by express words. or by
the enactment of subsequent law with
which il is necessarily displaced. p
And the provision does not require
that, when a section is amended, the act
amending it, shall recite or show on its
face that it does so, or that it shall in any
manner indicate that any such section
previously existed
The purpose of this provision is TO in
hibit the revival or amendment Of = law
by mere reference to its title, and to re-
quire that an act of the Legislature shall
state on its face the law that it constitutes.
AS the Legislature when it thinks prop
er, may change the existing laws or
make new ones, and two inconsistent laws
cannot at the same time regulate the
same subject, the former necessarily ceas-
es to be law while the latter prevails.
The act passed in February, 1873, ap-
propriating public money, does not revive
or amend any act by its title. If any
part or element of section rs Of chapter
IA of the code, or any other section Of
any act, is continued in force by chapter
Ill, of the act passed in 1873, which is
not material in the consideration of this
branch of the subject. Such parts and
elements as well as the new matter with
which it il combined and embOdie are
inserted at large in the act. The con-
stitution does not require more. As far
as any former law is inconsistent with
this statute, it can no longer be etfectual
If the provision of section %, that no
money should be drawn from the Contin-
gent fund without the requsition Of the
Governor, could apply to the special fund
withdrawn from the contingent fund
or what is 80 called-and appropriated
to the insurance of the capitol building
and State library, and chapter III re-
quires that this fund he paid on the
requisition of one or more officers other
than the Governor, the latter act by
necessary implication repeats the former
provision TO the extent of their
incompitability, and the constitution
does not avoid or impair the efficacy of
the legislative act.
The constitution, article I. contains
this well known section
IS. The chief executive power shall
be vested in Governor, who shall take
care that the laws be faithfully executed
This section contains two provisions
that were separately contained in the last
two constitutions of Virginia, adopted
before the formation of this State, and i'll
the first constitution Of this State, and
are found in the constitutions Of most OF
the States of the Union.
Counsel argue, or ut least suggest,
that the provision that the Governor
shall take care that the laws be faithfully
executed, in connection with the act
passed in 1873, that appropriatcs money
to insure the capitol building, authorizes
the Governor to procure the insurance
and order its payment.
IF this provision authorizes the Gov
ernor to insure the capitol building,
it requires him to do 50. 1t grants
no authority other than that which is
implied in the imposition of the duty
1t was contemplated in the formation
and adoption of the different cOnstitu-
tons of Virginia and West Virginia, and
it is supposed in those Of other States,
that as far as the instrument did not con-
stitute the law and provide or indicate
the officers to execute it. the leglsa-
ture should not only make the laws, but
provide or indicate the officers who
should execute them. 1t was not intend
ed that the legislature should merely de-
clare the laws, and leave the Governor
to execute them. The provision which
requires that the Governor shall take
care that the laws be faithfully executed,
does not generally, fever, make it the du-
tv of the Governor himself to execute the
laws. But, rs the language imports, II
makes it his duty carefully To observe the
manner IN which the different officers of
the government exercise their different
functions and execute the laws committed
to their charge, or their failure to per-
form such duties; and when they fail, If
he has the power to remove them rom
office. to do so; or ifnot, 10 bring the SUBJ
iect to the knowledge of the authorities
that NAV remove or punish them. A dis
tinct provision authorizes the Governor
to cali the military to enforce the eXecu-
ton of the laws; but it does not require
him to do So except when their execution
by the proper civil officers Is resisted by
force too powerful to be otherwise over
come.
We have found but one case decided
in any of the States in which this pro-
vision was relied on as authority for any
action of Governor; and in that case 1t
was held that the provision did not suS-
tain the action.
The legislature may require the Gov
crnor to perform other duties than those
specified in the constitution, not incom-
patible with his dignity and constitution
al functions. But whether in any case
when the Legislature provides that
public act shall BE- done, yet fails in any
manner TO indicate the officer by whom
it shall be performed, the provision that
the Governor shall take care that the
laws be faithfully executed, require the
Governor himself to do that act, and if
So in what cases are questions Of interest
and Importance which we do not decide.
Certainly. however. it will not be pre-
sumrd. in the construction of "A doubtful
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