Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1875-08-21
The Capital Question.

As the above question viii be under con-
sidaration 10 the Court Of Appeals at this
place on Monday next, it is not inappropriateto
repubhsb from tbe correspondence Of the Bal
tiuore S,m what purports to be, and we be-
lsve IS. the true history Of the case:
The original constitution Of West Virginia
1868 located the seat Of government at
Nhseliug until its permanent establishment
ly law. Tn 1869 the Legislature, by a major
itv Of one in the House, selected Charleston,
Eauavha county, as the permanent capital
IIs location was Objectionable to the people
If the northwestern section Of the State, both
because Of tAe rival claims Of Wheeling and
of the iu accessibility 10 them Of tue new cap
ia'. In order 10 preserve harmony il. the con-
s,uutioual convention of 1872, and to save
the proposed constitution from the the danger
of the agitation Of this question, the follow
uz compromise section was Inserted IN Il:
'Tbe seat Of government shah be at Char
lesion until otherwise provided by law"
This of course re-opened the question IN the
Legislature, and early in the SESSION of 1928
q vcl-uigh successful effort was made to re-
move the capital TO Wheeling. At the
next session. last winter, the effort was renew
ED with more vigor, and after long and Bit
ter struggle, covering almost the entire session,
az act was passed, BY a snail majority. 20
remove the seat Of government temporarily
10 Wheeling
Several Of the citizens Of Charleston on the
removal of the capital to that town had erect
cd a Sate-hOuse and given it 20 the State free
of charge. while used as the State capital, and
among the means used 10 compass the removal
Cd Wheshr. was an oder Of FIVE citizens Of
chat city 20 furnish the State. without cost,
r.;ab,s accommodations for the several State
apartments. The act recitoi this offer in its
preamble, aus It's body stated their agreement
90 indemnify the State agaiusttL expenses OF
. t,, removal.
Gov. Jacob, refusing 20 approve or veto this
l1t, it became law without his signature,
February 20 1870. It provided tha. after the
expiration Of ninety days from its passage,
until otherwise provided by law Wheeling
should become the seat Of government, and
directed the Governor % cause the preparation
of suitable accommodations in that city for
the State Offices, and to remove the State ar
chiyes and property to that place. Some
seven citizens and property holders Of Charles
ton. as well 10 test the validity Of this law as
60 p0stpoLe its execution, in the hope Of re-
ycrsing tie action Of tho Legislature, obtained
au INJUNCTION from Judge Ward Of The ninth
circuit. ou behalf of themselves and all other
taxpayers and citizens of the State, except
the parties made defendant, iuhibiting the
Governor, State officers, State librarian, secre-
tary Of the Senate, and chief Of the House OF
Delegates from removing the State archives,
records, &c, TO Wheeling, or in any other
manner executing the act Of February 20
Gov. Jacob refused 70 recognize the iuriSdic
iyu of the circuit Judge 10 enjoin his execution
of a law on the ground Of Its demonstrations
atty, and made no appearance in the case but
several Of the defendants fled formal answers,
making up the issue on the constitutionGNty
&C the law.
In this shape the case was heard by the Cir
cult Court oi hauawha county, JUDGE Smith,
and decree made, May Is, 1875, deciding
That the complajuauts bad right 20 institute
the suit, and that the court had Jurisdiction 20
determine the c0ustitutionalty Of the law. and
enioiH its execution, but holding the act in
question constitutional aud valid, and therefore
t,sso,y.ug the injunction
a petition was no once presented 90 Judge
Moore. Of The Caur, Of Appeals, and an appeal
a,owes from this decree, upon the following
among other assignments cf error; l. The
act. rsciting a corrupt contract with the cit
liens of Wheeling named therein, 10 influence
.rs passage. is void as against public policy.
o. Tie Legislature under the constitution had
100 power 90 remove the seat OF government
flp0uiy. S. The object expressed IN tie
a.,e Of the ost differs from tha, in the body Of
1.-THE former providing for % temporary re-
uryll. Die latter affecting permanent enc
u7suuca as 10 makes Wheeling the seat of
government until hereafter otherwise proyil-
cd ty 'v." whereas 10 is alleged a temporary
stature IS one having Fixed period 40 which 10
w., expire by i,s own limitations. MessTs ".
a. Quvicr. u. p. Ferguson and Z. W. VII
SOD, 10 halav1l county. viii appear for the
appellants aud the arpe''ees viii he repre-
-su'sI Pa tte Attorney General Of the State,
Nr Matthew's, and Daniel Lamb and Col. Ar
r.tt u Wheeling