The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-18


agreement will not be complied with by
List and Others, or that they have not done
So. For ought that appears the Governor
had in his possession and control, without
cost to'the State, in proper time all, the
means necessary to enable him to remove
the archives &c, of the government IL
Wheeling.
The bill WAS sworn to on the goth
day Of March, 1875, and the order Of in
jIntion made by the circuit Judge was
made on the 3Oth day Of March, 1875.
1t seems that the injunction did not take
effect until the Both day of April, 1873,
when bond and security were given under
the order of injuntion. But it Is clear
from the face of the act that the validity
and operation thereof as ~ the removal
of the seat of Government is not
made dependent or conditional upon the
said List and Others performing said
agreement, nor does the net make the
performance of said agreement proyi-
so, exception, condition or saving, so a to
operate upon the effect OF the act tOucn-
ing the removal of the seat of Govern
mont to Wheeling at the time specified
IN the body Of the act "To introduce
in the enacilns part an exception not
there to be found, and which, if intended
might have been 50 easily introduced
and expressed, is we think to curtail and
abridge the meaning OF plain words IN
n manner which no rule Of construction
warrants" Pott. Dwary. on statutes &c ,
~ i II
and others of the agreement recited l5
not made a condition precedent To the
operation of the act But the legislature
absolutely and certainly in the act re-
moved tho seat of Government to
Wheeling until other wise provided by
law. The removal and location to take
effect "on and after ninety days from and
after the passage Of the act" From the
face of the ac; preamble and letter, there
was no agreement that the seat OF Gov
mcnt should remain or continue at
! Wheeling longer than the legislature
! should deem it proper, aud consistent
with the pubic interest and convenience
! that the simple meaning and purport
! OF the whole act in this respect was, and
! is. that the Legislature WAS and should
| be left free to remove the seat OF Gov
erment from Wheeling to any other
/ point and ut any time after the act took
! effect. We however do not deem 1t I'M
/ portant to the validity of the act that the
/ agreement OF List and others should con-
sututc binding agreement upon them.
/ II is the duty of the legislature to pro-
vide for and see to the pocuniary interest
/ and We fare Of the State. The IcElsIa.
ture reciting in the preamble ia they
| did, that the capital OF the stat should
| be located Mt IL more accessible and con-
vcnient point than Charleston, and rs
We are obliged TO presume claiming
! W Wheeling such Il point Tor temporary
/ location. and also rcciting other matters
contained in the preamble passed the net.
/ We see no prohibition against the
right and power Of the legislature to
pas. tn. net under said circumstances.
Whether 1t was eXpcdient or policy
for the legislature to so or not We ARE
not nj liberty to determine. Even
though the expectations OF the lcgisIa-
ture should be disappointed as to the
means contemplate to be furnished BY
by LAST and others IN thn procurement
thereof otherwise for the re-
moval OF the archives of the
government to the city of Wheeling, this
would not invalIdate the substantial,
direct and independent enactment re-
moving the seat OF Government to
Wheeling at the time specified IN the
act though it might subject the officers
and people to temporary Inconvenience
and occasion the necessity OF additional
legislation The clause removing the
seat of Government TO Wheeling Is abb
su!utc in its terms and effect and is IN no
wise conditional or dependent upon any
otdcr recital or provision in the preamble
or act. The preamble may be consulted
in some cases 10 ascertain the intention
of the Legislature But it is chiefly from
the main body OF the puylcw o' the
act, that the will or the leglsIa.
ture is to be learned; and when this l.
clear and express, the preambI" will not
prevail to tocDntradctl it. Ibs,I,t'G s'1''"'.-
iir srDorctJrc nm miiQet THIS Is the
case saws Lord Coke: "When the words
nrc plain without sample
and absolute without any see
ing" Srdg. State and Const.
Law 5Sth page. The clause at the end
of the first motion of the net rs follows:
The said Henry n. List, Michael Rely,
John Mcclure, Geo. W Franzhnim and
Simon Hurkhcimer agreeing to lndrmnI-
tv the State against the EXPENSES thereby
incurred is II mere recital OF what these
pcrsonsdid and is no moro 81 condition pre-
cedent, proyIso or thing in the connection
in which it is found than if it We're part Of
the preamble only, and is no more re.
striction upon the enactment than hit
existed in the preamble only.
The legislature was not content to rely
absolutely on the agreement OF List and
ethcrs; but expressly authorized tn" Gov
ernor "to cause suitable Accommodations
to be prepared in the city of W hceling
for the several departments of the State
Government in ludinS the leg slative,
executive and judicial departments, and
to remove thereto, and cause to be
placed and arranged, the books, papers
AMI movable property now in the city
of Charleston, belonging to the seycFa.
state offices including the state library.
1t may ba argued with much force that
this conferred on the Governor such
power To contrr,t as is contemplated by
that part of section 81 of article two OF
the constitution which Is in these words,
"Nor shall the lecIs ature authorlzr the
payment of any claim or part thereof
hereafter enacted agains; the State, under
any agreement or contract made,
without express authority Of the law,
and all such unauthorized agree.
mcnt shall be nul. and void.
Bat whether it docs author
ize such contract or not, it is no: IN.
common for persons to supply tn"
need. of the government or its different
departments without contract relying on
on the voluntary justice Of the stat" to
pay seasonably therefor. And such
transactions have peea regarded as not
within the meaning Of said 3sth section,
and such voluntary payments have been
made with the approya! Of all depart