The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-04-05
Thc Ininncllon Dol FnlI.

We publish this morning the full text
Of the so-called Charleston injunction,
including the petition, the various accom-
panying exhibits, and the order OF Judge
Ward. On the strength Of the allegations
Of the petition, Judge Ward has seen tit to
grant on order restraining the Governor
and the other officers Of tho State from
obeying the act Of the Legislature remoV-
Ing the Capital to Wheeling. As rc.
marked by us n day or two Since, II Is not
at all certain that Gov. Jacob will pay
the slightest attention to this injunction.
There are plenty OF lawyers who do not
regard its binding obligation as amount
Ing to anything whatever. A decision OF
the Supreme Court Of the United States
In the time Of Chief Justice Marshall, has
been quoted, to the effect that an act oil
political legislation, such as this act re-
moving the Capital is held to be, Is extra
judicial in Its character, and not liable, a.
an ordinary act Of legislation, to the In
reference Of the Judiciary. An act Of the
representatives Of the people, locating the
Capital Of the State, Ia in The nature Of al
absolute and unluestionablc right Of en-
inent domain, and as such not to bC
thwarted by partisan and personal inter
ference, such as the petition published to-
day clearly shows the present interference
to be.
According to the showing Of the peti
TONERS, who dcprecate the removal Of The
Capital as detrimental to their real
estate and other business interests, an In
yiolable contract was made between the
State Of West Virginia and certain par.
ties at Charleston and vicinity, whicl
forbids forever the removal OF the Capita
from that point. They quote sectior
% Of Article 1v. Of the Constitu
ton Of 1903 to show that the seat Of gov
ernment was so be at Wheeling until q
permanent seat should be established by
law. They further quote the act Of Feb
ruary Goth, 1869, which declared tia
''the permanent seat Of government fol
this State ia hereby located at the tow
Of Charleston" Putting these two to
gether, they argue that the Capitals tict
up by them forever at Charleston, which
Ia equivalent to saying that come veal OF
woe, the people have lost control Of
right no fundamental In lie character a
the location Of their government. Ref
erence Ia made 10 The building Of a Stat,
house at Charleston for the use Of th
State, free Of rent as long as tic Capita
should remain at that place, and to III
acceptance Of this house on behalf o
the State by Gov, Stevenson. The con
Clusions from all Of which Is that CertaiI
rights had vested under the act Of fGinov
al to such a degree as to give II the char
actOr Of a charter, and as such to be in
violnble.
Any one at all vetsed In the history y
legislation In this country can easily de
tect the fallucy Of such an argument. Tt
begin with, IL would be an Absdrdity Il
suppose that The trainers Of the ConsliLu
Iion Of 1868, or the Legislators who passed
the act Of February 26th, 1869, ever en-
lertained the idea for a moment thai
through any misuse Of terms on thCii
part the people Of this State would OF
could he deprived Of the power to locate
theit Capital wherever their best Interests
required. This Is a right that has mol
only never been lost by the people Of any
State oil the Union, OF, for that matter, by
any state Of the civilized world, but thai
has never even been esteemed in jeopardy
Perhaps half the States Of the Union have
located their capitals Just as West Wiz.
slhis did hers. The use Of tho expression
permanent seat Of government means
no'hlng more than that 50 far a. the rep
,e;cn'a'iVe' Of the people for the time
being and their constituents, are con
ee'ned, they have no intention Of changing
1ne Capital, and not that they have II,
'hsa'e'I intention Of attempting TO binl