The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-05
THE INJUNCTION.
Grounds on which it is Based
The State Cannot Move Her
Capital Because Charles
ton Taxpayers Suffer
Thereby.

In the Circuit Court Of kanawha
county, West Virginia, the Bill of Com
plant of John Slack. Senior John I.
Cotton, Edward c. Stole, John c. Ruby.
John - White. Alexander II. Wilson
and Gu,tavc Stole, exhibit IN said court
against John J. Jacob. Edward \. Ben
nett. John ). Burdett, Benjamin W.
Byrne. Charles Hedrick, John l.. Cole,
}. Bernard Peyton and Joseph ). Miller.
10 the Honorable Joseph Smith, Juige o
tie Circuit Court Of Kana"ha Cr"nty
". Ia:
Humbly, complaining, your orators
would respectfully show unto your hon
or. and all other citizens and tax payers
of West Virginia except the defendants,
that they are residents, citizens, voters,
owners of real and personal property and
tax PAYERS Of the city Of Charleston, ka-
rawha county, W. Va. That, by section
~. Article (, of the Constitution Of West
Virginia. Of 1863, it was provided
that The seat of government
shall be at the city Of Wheeling,
until permanent seat of govern
ncnt be established by law That, by
an Act OF the Legislature passed Febru-
AIRY 2GilSj9, chapter %, entitled IAN act
permanently locating the seat OF Govern
!urnt for this State, 1t was provided by
section of said Act that, The pcrma-
n.ut seat of government for this State is
hereby located ut the town of Charleston.
iu the county Of kauawha. That during
the latter part Of the year 1870, a mum
Der of the citizens of sand town of
Charleston and vicinity, having
completed the building for the use
%. the Legislature and State OIL
Gers building in every respect, admira-
Div adapted to the purposes of II State
house. and the most Capacl0uS, convenient.
and suitable one within the limits of the
State, for such purposcs-tenderrd the
same to the then Governor, W. +. Ste
vcnsou. who was duly authorized by said
,r, To- receive the same on behalf of the
State. for the use of the Legislature and
State officers. without charge, So long ~
the same should be used by the state rs
H.. Cnuitol. That said Cover
nor. ". f.. Stevenson, accepted
the generous tender, on be-
half Of the State, and occupied the said
building for the purposes aforesaid
That, in consequence of said permanent
Location of the seat of government, there
n,t, been large accession to the popula-
ton of said town. now city OF Charleston;
business enterprises largely extended and
increased uudcr It's stimulating influences
and real estate particularly within the
limit, Of said city, and especially the pro-
perry of your orators, materially advanced
m value. without exception.
That. hv section 20. article i, of the
State constitution of 1872, it Is provided
that The seat of government shall be at
Charleston until otherwise provided by
law" That the Legislature on the -
,ioy of February, 1879 passed pretend
.J net entitled "Au Act to remove the
AT of government temporarily To
Wheeling. "a certified copy OF which pre-
tended act l. herewith filed, marked tx
+ Ulhi, \. aud made part of this bill.
Your orators now allrgc that said pre-
tended act Is utterly null and void for the
following reasons.
1t. The intent of Legislature that the
seat of government shall be removed L.
the city of Wheeling, and that suitable
accommodation shall be furnished foI
the different departments of the Stat,
government without cost To- the Stat"
cannot be- carried into effect, a. the purtc
named in the act and preamble are in M
manner legally liable under the agree
rrrr,s therein mentioned. And that >ai,
pretended act contains no undertaking
or contract on the part of the Pnrtle
named in the preamble, that they vii
furnish to the State without costs there
tn suitable accommodation in said city
Wheeling Tor the Legislative, ENccu
live, and Judicial departments of tn
state. And that it is, since the passage
Of the act. a matter of option with tn
pnrtie, aforesaid, whether or no
Said parties will furnish >aiC
accommodations and buildings o
not. Andthe State Is now in this con
Ii,ion that the object OF said pretended
act. T.. {. a removal without cost, can only
be- rtectuated at the option Of the partie.
named i'm the preamble. And in effect
the Legislature has delegated to the alorc
said parties. the power to remove or not
to remove the seat of government, al
their option and pleasure.
= me act authorizes and directs the
Governor to perform certain duties, re-
guiring the expenditure Of money, with
out either an appropriation or Il power
vested i'm him. or in any one else, to con-
tr.r, ON behalf of the State. 10 carry IL
nrnyi-;ous into effect. Section %. arti
Gle 10 of the Constitution expressly pro
,.iJn. that No money shall bee draw
from the treasury. but in pursuance O
AN appropriation made 10y law
and yrnr orators allege and charge
,h,t no means have been provided
by law. to enable the Governor t. carry
out the provisions said act, and toy sec
ton 81 of article of the constitution II
{, provided nor shall any Legislature
authorize the payment OF any claims, Oh
part thereof. hereafter created against
the State, under any agreement or con
tract made without express authority "'
law, and all such unauthorized agree
ment>>hali bc null and void
Your orators further aliege that seid
pretended act : unconstitutional, in this
|. Section 70, Of article of the conSti.
tuition of 1872. contemplates II permanent
removal, if any, and not temporary re
m"yal Of the Seat of Government. rs i.
expressed in The title of said pretended
act. The constitution of 1863, in article
{, Section 80, provided that the seat OF
government should be at Wheeling until