The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-05

of article Is of tho present constitutions
provides that the seat of government
shall be at Charleston until otherwise
provided by law Your orators nj
lege and charge tnat the proper
construction of this section of the constl-
tuition is to restrict the power OF the
Legislature to make any change III 'he
seat of government except Per"'a"s"'
change. and that it was intended by the
Trainer. of the constitution that the seat
of Government should remain at Charles
ton until permanently located elsewhere.
That said section is not u useless grant OF
power, which the Legislature would have
had without such grant, but restraining
clause intended to prevent the evils OF u
temporary removal If, therefore, the
act can be construed as providing for
temporary removal, it is unconstitutional
and void.
3 The object of said pretended act is
not expressed in the title thereof, as re-
quired by section 30, article g, Of the
State Constitution, the title expressing Il
temporary object and the act providing
no time or date for its expiration. By
familiar rules OF construction, all acts are
permanent or rs much SO as the legisla-
ture can make them, unless in the body
of the act. there is some definite time
mentioned, in which the provisions of the
act cease and determine. There is no
such provision in this act, and therefore
it is an act for the permanent removal,
and not for the temporary removal OF the
seat of government. The provision OF
the Constitution is mandatory. that the
title of an act shall correspond with the
body of the law. and section u of article
8 of the Constitution expressly makes 1t
the d,tty of the courts to declare all I'M
constitutional acts null and void.
The constitution contcrs upon the
Legislature the power to enact the laws
based upon the supposed wisdom and dis
erection of the Legislature. 1t does not
contemplate that their discretion shall
be influential by pecuniary benefits con-
icrrcd either upon the members or upon
the State, by private individuals. The
said act, in effect, recites that the LcgiSla-
turc removed the seat of government to
Wheeling. by reason of the offer of pccu-
mary aid and assistance supposed to be
rendered the State, by certain individu-
ais. claiming 10 be citizens OF Wheeling.
Your orators ullcge that II law which
upon lis face. shows that the Legislature
was induced to enact it 10y Icason OF pcCu-
mary considerations, is unconstitutional,
null and void.
The act is unconstitutional null and
void for other reasons, appearing upon
the face thereof.
Your orators further allege and charge
that all the powers and duties supposed
to be conferred and imposed upon John
j. Jacob by the said act, who Is named
therein a Governor, are Ministerial pow
er> and duties, and not Executive or Po-
Hticat; that said supposed powers and
duties de- not involve the exercise Of any
Executive discretion on the part of John
J. jacob and that tLcv are not act, pow
crs or dukes conferred upon the Cover
nor hv the Constitution; and that all
such acts, powers and duties could as well
have been conferred upon any other per-
son or persons.
Nevertheless, the said John j. Jacob
Edward \ Bennett, John 5. Burdett,
Benjamin ". Eyrnc, Charles Hedrick,
John l.. Cole, j. Bernard Pevton and
Joseph :. Miller, under color of law and
their respective Offices (thcy being at
present the incumbcnts OF State and
other offices. a. follows: John j. Jacob.
Governor; Edward y. Bennett, Auditor;
John :. Burdett, Treasurer; Bcnja-
min W. Byrne, Superinten
dent Of Schools, Charles He'd
rick, Secretary Of State; John l.. Cole
Librarian; J. Bernard Pcyton, Clerk of
the House of Delegates aud Keeper of
the Rolls; and Joseph 5. Miller, Clerk OF
the Senate, in and for the State OF West
Virginia.. now threaten to carry into
execution the provisions of said pretended
act. and your orators are informed be-
hcyc and charge that they intend 50 10
do. by removing tn" books, papers,
archives, furniture and other movable
property, now in said city Of Charleston
belonging to the several State offices, in
GUIDING the State library.
Your orators now further show unto
your honor. that if the removal of the
seat of government be accomplished it
will be To- the great injury Of the public
interests of the State, and unnecessarily
increase the burden Of taxation to meet
the expenses. which will ofnecessity have
to be- incurred for the costs OF removal
and providing buildings, &c, for the diff
tcrcnt departments OF State; and that
the individual interests OF yOur orators,
especially, will thereby be materially
and irrcpurably injured and affected, by
the certain depreciation in value of their
real estate and the dcpress on OF their
business, in said ,ity Of Charleston.
Your orators also allcge that great in
Jury and damage will be- inflicted upon
them and all other good citizens Of the
State 10y the Illegal removal Of the pub
lie archives to Wheeling, under the pre-.
tended authority of an unconstitutional
act
In tender consideration whereof, and
inu-much "a, your orators are remedies
by the strict rules of the common law,
aud relieyable only in Il court of equity,
where matters Of this kind are properly
coguizablr, may it please your honora-
bic Court that the said John j.
Jacob. Edward ~ Bennett, John
:. Burdctt. Benjamin W. Byrnc,
Charles IIrdrick, John l.. Cole, D..
Bernard Pryton and Joseph 5. Miller,
their agents, employees and all other per-
sons acting under or By virtue of their
authority, or tn" authority of either or
any of them, and all other persons what
-,aynr ,,iliu,r ar .is.istir,r thnrni,, may