The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-01-19

the courts TO release prisoner from jai
when confined for the non-payment of (
fine.
( There is an inconsistency in the law il
relation to juries in felony cases; section
| 8 of chapter 40 of the acts Of 1928
4 declares that "If O case of felony be fol
trial in Circuit Court, the clerk thereo
shall issue reRiTe tdciaS to the Sheriff
of the county, commanding him to sum
mon twenty-four qualified jurors to at
tend said court" while 1t is provided by
chapter 229 of the same acts that Sin case
of felony, list of twenty qualified juror:
shall be made from those in attendance
or who may be summoned by order OF
the court A simple repeal of section 3
of chapter AZ will not only cure the diff
Guilty, but save large and unnecessary
expense.
The law in regard to public printing
also needs some amendment. All Ian
guage in sections and 8 of chapter 10
of the acts of 1929, which permits the
counting of one measure for every five
justifcations should be stricken out.
This may seem to be an insignificant
matter, but when you are assured That it
is large item in printing bills, you will
appreciate its Importance The last
clause of section % is as follows:
"The contract shall in each case be
awarded to the bidder, or to the lowest
bidder in the aggregate
There has been marked difference be-
tween the Commissioners and myself as
to the construction to be given this
clause. | recommend that the words cor
the lowest bidder in the aggregate be
stricken out; this will remove all
ambiguity.
ADJUTANT OBSERVATION-DISCLOSURES OF
THE MILITIA.
An act passed December 20, 1873, de-
clared that "nO other or further enroll
ment of the militia shall be made"
Therefore no enrolment has been made
during the past year. BY an act passed
February Is, 1871, the General Superin-
tendent of Free Schools was made en-
oficio Adiutant General and Quartermas-
ter General. And this act has not been
repealed. But the present State Super
intendent of Free Schools has declined
to discharge the duties Of these offices
for the reason that they are incompatl-
BILE with the tenure of the office to which
he was elected. The result is that the
whole militia system of the State has be
come disorganized. Among the powers
granted to Congress in the Constitution
of the United States is one "to provide
for organizing, arming and discipllnlng
the militia In the execution Of this
power Congress, by an act approved May
s. 1892, required that the militia of the
several States should be enrolled, and
that an Adjutant General should be APP
pointed in each State. BY a subsequent
act, thut of March 2, 1903. II Quarter
master General for each State was
provided for. These acts Of Congress arc
still in force and as they are sanctioned
BY the Constitution there seems to be no
discretion left with the States as TO the
enrolment of the militia, or the appoint
ment of the officers mentioned. | trust
therefore that it will be your pleasure To
provide for the enrolment of the militia
and the appointment Of an AdJutant
General and Quartermaster General, and
that the Legislature of the State may thus
be in harmony with the acts of Congress.
There are but two companies in the
State, fully organized armed and equip
ped, and they are both in Wheeling.
The members of these volunteer COM
panies are subject to considerable expense
in the purchase of uniforms and in rent
Of halls, and rs they are organized for the
benefit of the State, the officers think the
State ought to contribute something to
aid them; and their claim is not unreason-
able. A company is in process OF organ
ization ut Piedmont | therefore recon-
mend that an appropriation of two hum
dred dollars be made to each of the three
volunteer companies referred to, to be
expended under the direction Of the Gov
crnor.
Ny attention has frequently been call
ed to the fact that we have no State flag,
and | invite your attention to the subject
for such action as you may deem advlsa-