Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1875-08-21

f pI- THE CAplTAL-CoURr OF AP-
rEALs.-The Court of Appeals at
Charlestown will hear OH Monday next
the Capital Removal Case. A cores
pendent of the Baltimore Sun gives the
history of the case as follows
The original constitution of West Vir-
ginia QS63) located the seat of govern
ment at Wheeling until its permanent
establishment by law. In 1869 the Legis-
| lature, by majority of one in the House
| selected Charlestown, Kanawha county,
| is the permanent capital. This location
: was Objectionable to the people of the
northwestern section of the State, both
| because of the rival claims of Wheeling
and of the inaccessibility to them of the
new capital. In order to preserve har-
mony i'm the constitutional convention OF
| 1872, and to save the proposed constitution
! from the danger of the agitation of this
question, the following compromise sec
! ton was inserted i'll it:
''rhe seat of government shall be at
| Charleston until otherwise provided by
law.
This of course reopened the question in
| the Legislature, and early i'll the session
of IS72-73 well-nigh successful effort
was made to remove the capital to Wheel
! ing. At the next session, last winter, the
effort was renewed with more vigor, and
after a long and bitter struggle, covering
almost the entire session, an act was pas
sed, by small mojority, to ''remove the
seat of government temporarily to W heel-
ing"
Several of the citizens of Charleston on
| l,o Of hn na,,itn1 IN that town
! had erected Il State-housc and given 1t TO
the State free of charge, while used as the
| State capitol, and among the means used
to compass the removal to Wheeling was
an offer of five citizens of that city TO fur
nsh the State, without cost, suitable ac-
| Communications for the several State de-
! partmcntS. The act recited this offer III
| its preamble, and in its body stated their
! agreement to indemnify the State against
| the expenses of and removal.
Gov. Jacob, refusing TO approve or veto
this act, it became Il law without his sig
nature, February 90, 1879. 1t provided
that after the expiration of ninety days
from its passage, 'until otherwise provld-
ed by law" Wheeling should become the
seat of government, and directed tue Gov
ernor to cause the preparation of suitable
accommodations in that city for the State
offices, and to remove the State archives
and property to that place. Some seven
citizens and property holders of Charles
ton, as well to test the validity of this law
as to postpone its execution, III the hope
of reversing the action of the Legislature,
obtained an injunction from Judge Ward,
of tue ninth circuit, on behalf OF them
selves and all other taxpayers and citizens
| of the State. except the parties made de-
! fcudant, inhibiting the Governor, state
officers, State librarian, secretary of the
Senate, and chief of the House of Dele
eTatcs from removing the State archleVs,
records, &C., to Wheeling, or in any other
| manner executing the act of February 20.
| Gov. Jacob refused to recognize the jrlris-
diction of the circuit judge to cnjoin his
execution of Il law on the ground of its
uuconsttutionality, and made no appear
ance in the case, but several of the dctcn
dants filed formal answer, making up the
issue on the constitutionality of the law.
In this shape the case was heard by
the Circuit Court al kanawha county,
Judge Smith, and decree made, May Is,
1915, deciding the c0mplainauts had Il
right to institute the suit, and that the
court had Jurisdiction to determine the
constitutionality of the law, aud Join its
execution, but holding the act in question
constitutional and valid, and therefore
dissolving the Injunction.
\ petition was at once presented to
Judge Moore of the Court of Appeals. and
an appeal allowed from this decree, upon
the following among other assignments
of error: |. The act reciting corrupt
contract with the citizens of Wheeling
named therein, to influence its passage,
is void Is against public policy. ,. The
Legislature under the constitution had no
power to remove the seat of government
temporarily. 3. The object expressed in
the title of the act differs from that in the
body of 1.-THE former providing for
temporary removal, the latter affecting n
permanent one-inasmuch as it makes
Wheeling the seat of government ''until
hereafter otherwise provided by law"
whereas it is alleged Il temporary statute
is one having fixed period at which it
will expire by its own limitations. Messrs.
w. \. Quarter, j. ii. Ferguson and f.
W. Wilson, of Kanawha county, will APP
pear for the appellants, and the appellees
will be represented by the Attorney Gen
eral Of the State, Mr.. Matthews, and Dan
iel Lamb and Col. Arnett of Wheeling.