The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-11

subject, and recommend that you make
suitable provisions to fill the vacancy.
Hon. j. W. +. Allen, Judge OF the
Fourth Circuit, died during the summer,
leaving vacancy IN that circuit; no
mode is provided tor filling it until the
next general election. As Judge Allen
was too i'll for several months to attend to
business, the people of that circuit have
already suffered great inconvenience,
YOU will therefore see the necessity OF
/ making provision by general law At
| your present session tor ming TINS va
| cancy.
KANAwHA RIVER IMPROVEMENT.
/ The Congress OF the United States
/ having made appropriation for the I'M
/ provemcnt of the kanawha river, sys-
TEN of locks and dams have been devised,
aid the work upon some OF the locks
commenced.
There i. no work Of internal improve
ment that promises greater results than
this, and nothing on the part of the
( State authorities should be left undone
to facilitate the undertaking. The Act
Of November II, 1873, grants the | nited
States the right to purchase such lands
: a. may be needed, not exceeding five
acres at one place, but no power OF con-
/ domination Is given. | recommend that
| the act be- 80 amended As TO grant this
power This may prevent possible de-
lave in the work in future.
THE CENTENNIAL EXHIBITION.
During YOUR last session | made II
/ communication to you IN relation to the
Centennial Exhibition to be held IN
/ Philadephia, recommending suitable ac.
| ton on your part looking to proper
representation of the State III this great
enterprise The Senate passed bill on
| this subject, but it WAS not reached in the
! House. 4 State Board Of Managers, re-
Gently appointed, have been actively en-
gagged in the effort to awaken public IN
tcrest in the matter, and in securing
/ specimen. from all parts Of lie State for
/ exhibition. They have, without COM
pensation or the expectation Of compen-
;ation, very intelligently and energetic
ally performed their duties. But ex-
penSes must necessarily be incurred,
secretary must be- employed, freight,
paid besides other items OF outlay. a
very large number of our citizens will
visit the Exhibition, aid the Board
Of Managers propose to erect on
the grounds temporary building NJ
head quarters for AL citizens of the
State; IA place where they can procure
without cost, all information which stran-
gers IN great crowd of people 80 much
need. | deem no argument on my part
necessary to show the importance OF
making an appropriation adequate 10 the
wants 70 be supplied, as fee, assured
that YOU are in sympathy with me IN
this undertaking. From year to year,
we devote n very large portion of the re-
venue to the education OF the young, the
care of the Insane, 10 the Dea! and
Dumb and Blind, and the restraint and
punish menL OF criminals 1t viii be small
concession to the farmer, the mechanics,
the manufacturer, and the miner to the
active energetic classes who create the
wealth of the State, and pay the taxes,
in this our Centennial Year, 10 make an
appropriation that will iuurc - their
benefit.
The act removing the seat OF govern
meut from Charleston to Wheeling eN
cited much feeling in the southern part
OF the State, especially in the hanawha
Valley. The people OF that section ieIt
greatly aggricved at the action Of the
Legislature; many felt that the act Of re-
moval, was dictated by u -pirit Of un-
friendliness on the part of the people OF
the upper portion of the State towards
them. While do not think that any
such feeling exists among the people OF
the northern part of the State towards
the people of the Third district, yet in
communicating to You the condition OF
the State, | cannot ignore Tn" existence
of this feeling, whether well Drill founded.
Soon after your adjournment, MEN,
bers OF the Charleston bar presented to
me a protest against the execution OF the
law, alleging It's unconstItutIonality. AT
the time the bill came to me torApprovaI,
examined it as best ! could, TO see If
it violated any OF the provisions Of the
, Constitution. BY private Judgment had
not been favorable to the policy of the
bill, and it it had been in conflict with
| the Constitution, | should not have hesI
tated to return it without my approval.
But found no constitutional objection
In the light afforded me by the gentle.
II making the protest, rC-oxamlned
the question; but became tu : satisfied
that their points were not well takcn-
that the Act was not unconstitutional,
and that 1t was my duty 10 execute It as
required by the Act. At the instance of
some private citizens of Charleston, al
/ injunction was granted by Judge War,
/ of the 9th Circuit, restraining the Gov
ernor, Auditor Treasurer. Superlntend.
| en-: OF Schools, Secretary Of State,
| Librarian, Clerk OF the House OF
| delegates and Clerk Of the
Senate, from removing, aiding in, or
| directing the removal Of the books, pa
/ pers, archives, furniture and other move
/ able property Of this State, including the
| State Library, the records and proceed
/ 'ngs OF the Legislative and Executive
/ Departments, or any part thereof, from
/ the city OF Charleston III the county OF
/ Kanawha to the city Of Wheeling, or
. elsewhere, or in any manner carrying IN
/ to execution the act of the Legislature,
passed February, ls75, entitled An Act
/ TO remove the seat OF Government tenn
porarIly TO Wheeling, until the further
order of the Circuit Court OF Kama:
. wha county, or of judge III vacation.
/ This process Wa, served upon me April
| 80. In personal communication to
/ Judge Smith OF the kanawha Circuit. his
/ court being ut the time in session, IN.
| formed him that | did not intend to
appear and answer IN this suit, disc.alm-
ing any want Of respect tor himself or ms
court, but alleging that he had no juris-
diction in the premises, and that any
orders made by him would be void. The
| Auditor Treasurer, Librarian and 81.
perintendent OF Schools swcred, and
/ the case was heard by Juics Smith, who
decided the act to be constitutional and
( dissolved the injunction May