The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-18

. eiHlH'N tuhI luc Legislature anu LIEU diau
others understood and contemplated that
the removal of the seat OF government to
/ Wheeling should be for time, perhaps
| "not of long duration" and at at any
rate not permanently. The word tempo
rarily, Il. used in the preamble of the act
in connection with the other parts OF the
/ preamble with which il is used, means
the same thing. And it seems to Us the
language in the enactins clause, that ION
and after the expiration of ninety days
from and after the passage OF this act,
until otherwise provided by law, the seat
| Of government Of the State Of West Vir-
GINA shall be ut the City Of Wheeling
conveys the same idea. Ii the word
temporarily had been inserted in the
enactiug clause in lieu of the words
until otherwise provided by law" the
| object OF the enacting clause would not
have been more clearly expressed, than
rs the clause stands in the act. Each
phase indicates the idea that II perma-
nent location is not contemplated; and
the act at the same time recognizes the
constitutional principle that the location
not definitely limited will continue until
otherwise determined by legislation, and
is subject 10 removal from Wheeling ut
any time the legislature may choose 50 to
euuct. 1t WAS urged in argument by the
counsel for the plaintiffs, that the Titles
to the act might drain ana mlslcad mem
bcrs of the Legislature, and was well cal
culated 50 to CO. But we fail to see the
force of the argument. If the title 10 the
- he ha al nr N
was for specified period-as for ten years
or any other certain period OF time, while
IN fact the act I'm effect made the location
permanent 50 far Us the Legislature had
the power To do so-that Is, TO continue
until the Legislature should otherwise
enact-this might have deceived members
of tho Legislature who were so careless
as to VOC on the title with re ding or
hearing the act read. Again, If the act
in question in the enac;mg clause had
liked the period of the location in Wheel
ing, at fifty years or any other limited
time. careless members would rs likely
have been deceived and mls!ed rs by the
language Of the act IS it reads and was
passed. And we understand counsel for
plaintiffs to argue that the seat of gov
rrnment should remain at Wheeling, had
been, definitely fixed at a specified term
Of years, then the act, rs TO time, would
have been uueXccptlOuable
But the title 10 the act fixes no special
time TO which the location at Wheeling
i, limited. but indicates that it was not
intended TO e'permanent,and left ITO the
members of the Legislature Ms in other
cases of general Titles To examine the bin
or hear it read for It's details and provls-
ions. Where personal examination of
the bill or hearlrg 1t read the members
would have readily found that both in
the preamble and cnactlng clause of the
bill the removal and location WAS not cx-
pectcd to be- permanent, but was for
;imc contemplated to be determined or
ended by future legislation. 1t i true
that sucn legislation might never be had.
but such WAS not the expectation indica,-
ed 10y the title, preamble and cmucting
cause.
II Is not impossible that owing 10 past
alleged misunderstanding and cont"n-
ton, connected with the subject Of the
seat OF government of tins State and its
removal, growing in part out OF matters
alleged in the iorrpart OF plaintiffs bill,
the Legislature thought it proper to in.
,ert in the bin provisions clearly iudl.
eating that the removal Of the seat Of
government t. Wheeling could not be
made by the act otherwise than to be
subject to removal and relocation again
by the Legislature when public convc-
uicncc, int est or. necessity might, in the
opinion of the Legislature 80 require, rs
contemplated 10y the Constitution, 81 that
no expectations could be created by the
act in question, III this case, which might
be disappointed should such removal or
re location be provided tor by future net.
Upon consideration of the whole sub
irct, il seems 10 Us that the object Of this
act j. sufficiently expressed in the title
thereto The Legislature, by the passage
of the act, affirmed it, cUnstItutional!ty
Legislators, before entering upon tie
performance OF their duties as such, are
SWORN to support the Constitution OF the
State ANA II must be presumed that IN
passing the act they affirmed Its cUuStl-
tutionallty under the solemn and bind
iug obligation of their Oaths. The Gov.
Il.
,,.r,r,nn, ~ ,bn S,a,o hos MISC hv
r.. va nntIi,. am. mnJor his n,,E
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rr,,nhtltn..J N G,ynr nfInr .rnr.ti,n,inn'
irI;,,'n|tbn ,.t Tins the I.,,,.l.t,r.
and CAict Executive OF the State have
affirmed the con,titutionai!ty OF the act
.na ,',,, ,,,.iJ.r,,inn s,iiI ,boy nreno,
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' ,or dI,y - " nrapomnr" ,nr own solemn
.''.,.',',i,,,s - o,hn c,r.,i,u,innaIi,, nf
.'"' A"J - tho rortormonc ;hat
~, ,i,or snxinp. JrIihnrotjnn unnu The
~"'! ,yn 'J,...nr, th. in our nnirinn
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'''' SAY, .'' ~" -. 's", = ,,',.a.a
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