The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1875-09-23
THEcApTTaLc CASE.
syllybus or Points AdJudica,ed


John Sacks. and otsers, plaintiff be
low and appellants.
IS.
John J. Jacob and othen, defendants be
low and appeilees. u
In The Supreme court Q: Appeals :
Syllabus Of points adjudieaied in the abor'
named Court in which three OF the
Judges OF the said Court ccncuFFed, to
Wit:
lit is The duty Of the Court toup
hold a statute, when the conflict be
tween IL and the Constitution Is mo-
clear and the implication, which
must always exist, thatno violation
has been intended by the Legislature
may require, in some cases where The
meaning of the Constitution is ye'
in doubt. to lean in favor of such
construction of the statute as might
not, at first view, seem most obviou:
and natural. Where the meaning o!
The Constitution is clear, the Court
if possible, must give the statute
such a construction as will make il
to have effect.
2. 1t is always to be presumed that
the Legislatrre designed the statute
Is take cha and not tebea yoidty
8. Whichever an act of the Legs.
lature can be construed and applied
as to avoid conflict with the Con
stitution and give it the force Of law:
such 4 construction viii be adopted
by the Courts,
4. The. performance of many du'
ties which the Legislature may pro
vide for by law, they may refer either
to the Chief Executive OF the State
or at their option to any other exec
utive or ministerial officer.
5. Generally the words of a statute
are to be taken by their ordinary and
familiarsignifcation and import, and
regard is to be had to their general
and proper use.
6. The expcdicncy or inexpcdien-
CIV of the passage OF an act is ques-
ton for the Legislature and not for
the courts.
I. The preamble may be consulted
in some cases to ascertain the inten-
ton Of the Legislature. But it is
chiefly from the main body, the pnr-
view of the act, that the will Of the
Legislature is to be learned; when
this is clear and express, the pream-
bic will not avail to contradict it.
S. That part Of section IS OF the 9th
section of the Constitution, which is
in these words; Nor shall any Leg
iSlature authorize the payment ofany
claim or part thereof, hereafter crca-
ted against the State, under any
agreement or contract made without
express authority of the law; and all
such unauthorized agreement shall
be null and void docs not apply TO
claims Indicated upon simple justice
and right, and does not prevent the
Legislature from voluntarily doing
Justice and right, when the claim is
not Indicated on \ contract made
without express authority of law:
.. Courts are not authorized 70 look
into the preamble or rccitals of an
act fofalleged or supposed fraud, mis-
takes, or errors of judgment in the
Legislatures, upon which TO declare
the enactment void.
10. Counts Will not presume fraud
ulcnt intent and corrupt purposes
on the part OF the Legislature, but
will presume the contrary.
II. The act Of the Legislature pass
ed on the Doth Of February, 1879, in
these words, viz:
An Act 10 remove the seat gov
eminent to Wheeling"
"WHEGEA>, Henry X. List, Mich
acl Reilly, John McLurc, George W.
Franzlsim and Simon liorkhcimcr,
citizens Of Wheeling, have agreed to
furnish the State, without cost there
10. suitable accommodations in said
city. for the Legislative, executive
and judicial departments Of the State
including the State library, should
the seat of government OF the State
he removed temporarily TO said city:
"waEREAs, It appears L the Leg
iSlaturc that the Capitol of the s>Ssate
should be located at 4 more acccsSi-
bic and convenient point; therefore,
"Be Il eaaclcdby the Lrgis!afree Of IIe&
iiirgiaia;
/. "That on and after the expira-
ton Of ninety days from and after
the passage of this act, until hereaf-
ter otherwise provided by law, the
seat Of Government of the State o!
West Virginia shall be at the city OF
Wheeling.
The Governor is hereby authori-
zcd to cause suitable accommodations
to be prepared in the city Of Wheel
ing for the several departments OF the
State Government, including the Leg,
islativc, executive and Judicial de.
partmcnts, and to remove thereto.
and cause to-be properly placed orar,
ranged, the books, papers and nova,
bic property, now in the city Of
Charleston, belonging to the several
State officers, including the State Il