Huntington advertiser. [volume] (Huntington, W. Va.) 1874-1921, 1874-08-06

The Supreme Court
/ II isa matter Of surprise that the
editor of a respectable paper shoul'
have 50 poor an idea of the ethic
that ought to govern editorial discus
sions as to attack, on partisan grounds
decision Of the Supreme Court 0
the State. II this had been ON ;
matter of great moment to the liber
ties Of the people, there would be
Justification on the ground Of a re
gard for the public welfare, but wher
the matter in question is simply as t
the scope Of duty ola subordinate
officer ofthc government, it is an IN
excusable violation Of that courtesy
and respect that should animate one
gentleman toward others. We FIND
| IL the Kanawha Chronicle Of the 29tb
u't., a very reprehensible attack or
the Supreme Court Of the State, the
more reprchcnsible, as the editor oI
the CirpEic' knows that the Judges
of that Court are defencaless against
the attacks Of newspapers, as they
cannot answer tlem in kind.
We have no idea that the editor
can really believe that the gentlemen
composing the Supreme Court would
unanimously violate their oath Of Of
fee, t, decide a question rs 70 the
construction Of q law; but TO any an
BIASED mind the understanding OF
The law. AMI Us contructic9, by tho
Auditor and Janitor, which .he Court
was requested to controyer, were
strictly according u the letter and
the Governor was manitestly wrong.
The matter at issue was a small orc,
anI one which couH establish 10
precedent; it was simply question
rs G, who was in charge Of the Capi-
tol builiine
The question was in relation to the
insurance Of the Capitol buildings
The Governor, without examining
the law most likely, directed some
In.uranc, agents to make out policies
for the building; the Jauitor directed
other agents to do the same. The
Governor drew his wlrrsrt on the
Treasury for the amount Of tie insu
rance fee ordered by him, but the
Treasurer refused to pay it, on the
ground that it was contrary 10 law.
ITheu the Agents brought suit to com
pei the Treasurer to pay the war
rant.
The law SAYS, II, shall be the duty
Of the Jauitog 10 properly guard and
take care Of the Capitol buildings Sc.
&c. lie shall also DO and perform
such other duties in relation to hi:
office ofJauitor, Is either house, or
the Board of Public Works may re
Quire." The act making appropria
lions says, 80 pay for a policy o
insurance on Capitol b.ljing and
State Library, to be paid ont Of tn,
contingent fund heretofore provided
and not in addition thereto, six hun
dred dollars
"AIl such capitol building charge
shall be paid upon the rcquisi-ion o
''.e- ~'iieers having those matter 80
charge"
/ Manifest y the only question here
Is as to who has the care of the Capt.
tol building, and the Supreme Cour
rs every one who reads the law i'm
partially must do, decided that tn
Janitor was the one whose duty
was to have the building insured an,
-. 0l whose warrant the moncy shoul
be paid
The Presiding Judge Raymond il
MS discussion says:
"The Legislature has provide
that a jauj,,r shall be elected an,
paid, and that he shall take care o
the Capitol building, and has appr,
priated money to pay for the insu
rance Of the Capitol building an,
State Library, and has declared tina
such Capitol building charges shall b
paid on the reGulsition of the officer
having those matters in charge. w
are all Of the opiuien that the Legis
ture did not intend to make the chal
ges mentioned payable by the Gov
ernor, and three Of Us are of opinion
without serious doubt, That by thes
provisions, the Legislature intende,
and efectually enacted, that tn
charges should be paid on the requi
siti9n Of thc JaE;;or.'
The effort 70 make capital Of thi