The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-05-24

Ion. JSfph SHlih'
have just received your note Of this date, II
which you say lhGre Judge Smiths note isTuoIet
rntiTrj
You fail to inform me for what purpose appllca
ton has been made To you for rule against me a.
Chief Executive officer Of the State, but presume
II Is for CArrylngnt0 execution IN act passed Feb,
Tuary % 1915 entitled ian art y remove the seat O
Government temporarily TO Wheclng.' II my
superstition II not correct, will you be kind enough
tOiniUrm ME. On the presumption, however, that
my superstition Is correct, In the maine VI the people
NJ West Virginia, rs the Governor thereof, pro
test against any and all orders hlndcrng OF prevent
ting the execution Of the nct referred to, " inter-
iering with me In the discharge Of my official dr'
ties.
The act was passed rs constitutional by the lHgi.-
lhure thereof II has lcen recognized by me, a The
Chief Executive, Unconstitutional, and am CrCdi-
bly, informed that you rs the Judge NJ the Circuit
Court for Kanuwha tOuntyt have affirmed the con-
sttutionnllty aud validity, and have dlS'Olycl MI
Injunction awarded 10 test It's COnslItutOnality
The validity Of the act has thus been recognized Gy
the three departments Of the Government, LEglsR-
tive Executive aud Judicial, and appeal 10 YOU In
the interests VI good order and god government tt
do no act Obsuucing its execution hut II II Is still
your purpose 10 prevent the removal VI the public
property to Wheeling, In accordance with the term,
u the act referred ", the responsibility for 40 doing
must rest where II properly belongs.
viii you be kind enough u say whether II /,
your intention IN is,ue other and further orders Ia
charleston to Wheeling.
await your answer.
Very respectfully your olcIt tcry't,
J.J. JACOn G0ttrn0r.
Thus matters stood at noon. About 1
o'clock in the afternoon Governor Jacob
received the following from Judge Smith;
COum lIousE, CHARLESTON,
May 10 1910 I
Ms EyctlencyLJ JicoJ
DEAR SIN Yours Just received and ask All answer
NJ me In relation tony purpose In trying 10 pre-
vent you from removing the archives u the State
under IN act of the Legislature u the State liy M
means. This l. very far from my decision In tho
Ease. concur with you In the view d the Constl-
nationality VI the Law, and dissolved the lnlunc-
ton, but that snOt considering the pressn srNiOn
VI the tfisn. ltslAnlsthug ! Judge Oi the Circuit
Court ui this State ganic'lan injunction IN the r..
muvnl on III" ground distinctly made by the VII
u the nncOn-lltuuOnality n the law This In
junction was duly anrvcd Upon yOt; the law fixes
The Jurisdiction u ih" Circuit Court by making II
IMPERATIVE up1n the Judge " decide constitutional
questions when WWcntctl In proper case. Now
the tiiN could H. presented In ~ other way VI
proper NJ by Injunction. This injunction ypu have
chosen to disregard and refused 10 npIsar In my
lpurt, and oven deny the Jurisdiction Of III" court
The Court must ba the judge Of IT. Jurisdiction, and
cannot perceive the slightest r,aOn why you
could not appear In Court either In lurpn NJ by
Cpunsr andlGt the E1nH hear the ground, " Ol,-
lection TO it, jurilirtiOn Hut you have not dome
w. and left II IN other " the Executive officers IN
apIaari and IN their motion dlssplvsl tn" inJunc-
liun,
Hut Wy our law there IL provision lhai require,
Hcpurt when applied tr, IN sllstsnhnny order II mny
make, ny which the party feels hin-'lf agEritvpd,
Tor reasonable timo To obtain nm appeal, and I was
asked IN TX the tine At least twenty days o. the
record was tot tppIei "a In taken Ia Judge NJ the
tpuTt oi Appeals, thence II granted, IN the Ctrrk
In wheeling, and then 10 IL returned IN Charles
Ton la ntaattInnfp "a fhIH
easily refer TO- made the order giving until no1t
Thursday, In opposition IN the solemn protests II
tho parties thai the limo was To- short. IN, I
thought by proper efforts u could In accomplished,
md have determined 10 lnlCfpsn M obstacle IA
carrying out the act, except Whist solemn mnsc
u duty requires u me- that !. To assrFt thN right II
the Court to test the c0nsiluionaliiy 0i this A. Of
any other law.
regret n' deeply a, any man could hc necessity
lmpeed upon mo 0fenhcivDrlDg 10 hold the matter
In h1in quo until the short period has arrived. To
comply With ihi- il no descending uTun your part,
while cannot, In the tpnplCntious discharge NJ
duty, PERMIT the order to h. Violated. deeply
regret This conflict and WOuld gladly avoid H. hut,
In The conscientious discharge II my luiy, cannot
II you wait until the time has expired there /, M
failure oi dnty On yonr part The Law dp,s moi ~
qnlEo you 10 remove on any particular lay and you
ran postpone the act inr few days II You viii n
il optional With you, but not ~ With mo. A sens
" inty will compel me IN frgnift oLoIirnrr I, ill.,
m1crsof my Court until prevented. j. SNrH
To which the Governor responded M
iollows;
CnGntEroy, May 90, 1875.
lion. Joirph SMITH
Your second communication Just received. M
further argument u Necessary ! ACCEPT your m
ply ~ An expression NJ 4 determination upon your
af n sill further olSifntl tho removal n Tho iub-
liz property from Charleston 10 Wheeling, again
protest. In The name " the people NJ the HiAic
hgalnd this nnWarmntALl0 Interference, IN your
" my Oinoc,
is6sl hko no further steps al present to remove