The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-09-15
THE CAPITAL QUESTION.
Decision Of the Supreme Court
of Appeals on the Capital
Injunction Case.
Syllabus of tho Points Adjudloated.

Apltlleea'
In the supreme Court Of Appeals.
Syllabus Of points adiudicated in The ADORE
named cuuse, in Which hrec Of The Judges
of the said Court eoHcurreo, tO-lVit'
/, 1t is the duty Of the Court to uphold
u statute, when the conflict between It and
the Constitution is not clear and the i'm.
pication which must always exist that
no violation has been intended by the
Legislature, may require in some cases,
where tho meaning OF the Constitution Is
in doubt, TO lean in favor OF such n con-
structiOn OF the statute as might not at
first view seem most obvious and natural.
Where the meaning Of the Constitution
is clear, the Court II possible, must give
the statute such construction as will en-
able it to have effect.
.. 1t is always to be presumed that the
Legislature designed the statute to take
effect, and not TO be nullity.
3. Wherever an net Of the Legislature
can be 80 construed and applied rs to
avoid conflict with the Constitution, and
give 1t the force Of law, such construction
will be adopted by the courts.
4. Tho performance Of many duties,
which the Legislature may provide for
by law they may refer either to the chief
executive Of the State, or at their option
to any other executive or ministerial
officer.
=, uynoaI ,n;s .Is m"IrS o.dtnorv "rJ iamiI;or
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s'ghlncahcG Hl'u import "hu lesatu 20 W
w iT Tho W 'nem Sno5'omov v or VII rUaJo"cv NJ
y. ny eHp,"; ppnn',;oy ~, % ,%" oa;si";y,r"
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no ,no r%Ss'I hoJS ,h" u, nnrvisv % nf tbc ncI
m", w." a ,Ln XII III % ,%o T"oi.i",nro 70 il !" La
!Ilat lne WIZ u ine lIss.u.utIe n anI - " De
,gnFMc WIZ m%I, iii Iii ~, 20 onniI @ ~ contrpIic1
!ne P'e"i'U'' WIN NV 8'"' '" 'O'''' ""'''
IT., u 40 ,n,
o. lhat part oi sGc.lTm ;n., 90 s,,;a, =. '"e w.;
section ol 'he Eonstl.V''on on. T','gn i,as - ~
'heSe woru:' NOT sna.l wy LesiIsit"s"Ic
authorize Ine payment vi a"y CiaIn oE
part 'herGol hereafter created asaaUs! .Ie
state, under any agreenlent or co9'ruc. I
and all such authorized agreements shall
Oe hMll ana Volu' Goes 70. aPply 70 GlIa,S llh.
predicated npon simple JTSslce amu [,sn,,
ana Noes nO' prevent tno % i.es'SI"!nreirIn .;sL,
when the claim Is not prediCated on II
contract made without express authority
Of law.
0. Courts are not authorized to look
into the preamble or recitals Of an act for
alleged or supposed fraud, mistakes, or
errors Of judgement in the Legislature,
upon which to declare the enactment void.
10 Courts will not presume fraudulent
intent and corrupt purposes on the part |
of the Legislature, but will presume The
contrary. i
II. The net Of the Legislature passed
on tho 10th Of February, 1875, in these
words, viz!
"An Act to remove the Seat ot Govern
ment temporarily TO Wheeling. /
"WnEREAs, Henry K. List, Michael
Reilly, John Mcclure, Geo. W. Franz:
helm and Simon IlorkhGimer, citizens OF
Wheeling, have agreed to furnish the
State, without cost thereto, suitable ac.
| COllIlDuuLlUHSi III bulu CItyL luI thc iS6ln' |
lalive, executive and judicial depart
ments Of the State, including the State
library, should the seat Of government Of
the State he removed temporarily to said
city and
WHEREAS, II appears to the Legisla-
turc that the capital Of the State should
be located Nt n more accessible and con-
vcnient point; therefore,
"}e IL enacted by the Legislature Of West
Virginia:
a. That OH md after the expiration Of |
ninety days from and after the passage of
this act, until hereafter otherwise prOvid.
ed by law, the seat Of government OF the
State of West Virginia shall be at the
city Of Wheeling.
dThe Governor Is hereby authorized to
cause suitable accommodations to be pre-.
pared in The city Of Wheeling for the
several departments Of the State Govern.
ment, including the Legislative, Exc.
cntiyc and Judicial Departments,
SnJ IN remove thereto, and cause
cd t6e books, papers and movable
nrnrerIv nnw In tho city of Chnfleston, be.