The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-05-24

because the title does not express al that
is contained in the body of the act. This
do not regard as being necessary. The
title is, in general merely pointing out
in general terms, the object Of the law.
The body of the act goes into particulars.
Any other construction could only mean
that an act. to be constitutional, must ex-
press the whole matter twice. Such Il
doctrine cannot be maintained and would
be considered against reason and analogy.
Sd. Because the means are not provided
to carry out the law, but that the Cover.
nor Is expressly prohibited from using the
money of the State in removing the
government.
| cannot answer this argument further
than this, that when he does use monies
which he is forbidden to use, and case
is made properly before the Courts, |
have no doubt they will hold him ac-
countablc for the misappropriation But
! CanmOt now determine that one cent OF
public money will be required or used IN
the removal These being all the constitu-
tional questions raised must hold this
act to be- constitutional, valid and bind
ing
The Injunction will therefore be dis
solved on behalf of the defendants, who
have answered, and there being no adj
ditionAl questions that could be raised by
the cause but the relation to the order
being the same in all the defendants, who
have not answered with those who have,
the court dlsSovrs the injunction n to
them also. and | will add that having
given Suspending order on the whole,
matters must remain IN Stdtu qto until
the time has expired, and should the
Court of Appeals finally reverse my de-
cision, no one will hear the news with
feeling and wishes more gratihed than
will, for nothing but Il conscientious re-
gard Tor duty could have induced me to
decide this law constitutional and dissolv e
this injunction.
Signed j. SMITH.
May l7,h, 1919.
THE ARREST.
This decision of Judge Smiths put a
damder ON the feeling, of the people, and
as the news spread over the city their
faces heightened considerably, and they
looked discouraged. But those having
the injunction business didn't propose to
give it up So ss the sequel will show.
In his order dissolving the injunction,
Judge Smith suspended the effect of his
decision until the 27th Of this month to
give the plaintiff time to appeal. In
the meantime everything was packed up
at the Capitol building and Thursday
morning Mr. j. Bell (who had contract
ed to move the archives to the boat land
ing) started one load of public property
To the wharf. At the request of cOun-
sci conducting the case in the Interest of
Charleston. Il rule WAS issued by Judge
Smith. against Mr.. Bell and his driver
and they were brought into court, on the
affidavit Of some parties, that they Bell
Il Co. were removing the public pro
pertv in contempt of Court. Mr.. Bell
filed his ans wcr to the rule, stating that
h. was operating in pursuance of II con-
tract with the Governor, &c. Judge
Smith then sent the following note, by II
member Ot the Kanawha bar to Cover
nor Jacob:
JUDGE SMITHS NOTE.
To HIS Erreiieneg, j. j. Jacob:
DEAR SIR: Application being made to
me for a rule against you as chief execu-
tive officer of this State, and as an indi-
viduai, | deem it due to your official po-
sition to inform you Of the fact, and to
respectfully request OF you to appear
without being compelled to issue proces.
BE kind enough to inform me by return
messenger whether | may expect your
compliance with this request,
Yours, with the kindest feelings per-
soually. j. SMITH.
Cot,rl Hous>, Charleston, May 20,
GOV. JACOBS REPLY.
To the foregoing note Governor Jacob
replied as follows:
Executive DEPARTMENT,
STATE OF WEST VIRGINIA,
May 20, 1875.
Hon Joseph Smith:
DEAR Sri have just received your
note of this date. You fail to inform me
for what purpose application has boon
made to YOU for a rule against me aS
Chief Executive of the State, but pre-
sumo it is for carrying into ex'
ecution an act passed February
2Oth. 1875, entitled "An act to
remove the seat of government tenn
porarily to Wheeling If my suppoSl-
ton is not correct will YOU be kind
enough to inform me. On the presump-
tion that my supposition is correct, inthe
name of the people of West Virginia, as
the Governor thereof, | protest against
any and all orders in anywise hnderlng
or preventing the execution Of the act
referred to, or interfering with me
in the discharge of my official duties.
The act was passed As constl-
tutional by the Legislature thereof, 1t has
been recognized by me, as the Chief EA-
cCutiye, aS constitutional, and am cred
iblv informed that You, a. the Judge
OF the Circuit Court of kanawha county,
have affirmed It's constitutiOnulity and va
idity and have dissolved an injunction
awarded to test lis constitutioualitv, Tho
validity of the act has thus been recog-
nlzed bv three departments of the Govern.
ment. legislative executive and Judicial,
and appeal to You in the interest Of
rood order and good government, to do
no net obstructing lis execution. But It
it is still your purpose to prevent the r
moval of the public property to W heel
iug, in accordance with the terms "i the
act referred to. the responsibility must
rest where it belongs. viii you be KIND
enough to say whether it Is your IN
t"ntjon to issue other and further orders
to prevent the removal of the public
property from Charleston TO W heehng.
await Your answer.
Very respectfully,
JOHN j, JACOB, GOUer"Or.
In answer to the above, Judge Smith
returned the following:
COURT HousF, CHARLESTON
May 20. 1875.
His E.rceiiency, J. J.uJacob.
DEAR SIR-Iours just received ,sLs an
answer of me in relation 10 my purnose
IN trying to prevent you from removing
the archives of the State under AN MOT Hf
the Legislature of the State. Bv no
,nauDs. This IL yarV g.. - ,.,,,, -. :.