The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-24

I.
ltatioEs that may be incorporate therein
The substantial object OF this act IS 10
remove the seat Of government to the clty
of Wheeling and it will be admitted, L
presume. that if the title had been eX-
pressed in that form it would have been
free from objection, Now, what is
the effect of the introduction of
the word temporarily in the IT,
tie? If the title would be complete
without it, could anything more be said
about it than that it is "surplusage," and
would not any court so hold, in proper
case, rather than decide that an act es-
tablshing the seat of GOVERN ent in this
State is unconstitutional and void, be-
cause Of the use of al adverb in lis title?
The general object Of the act remains the
same whether the word temporarily is
used or omitted in the title, and this is all
that is required by the Constitution; and
in this view it is fair to treat it as surplus
age.
3. Thus far | have assumed that there
is a conflict between the title and the
body of the act, as you claim. Is this
the tact? The title is IAN act to remove
the seat of government temporarily to
Wheeling, while the act pro-
yides that the seat of
Government shall be in Wheeling
"until hereafter otherwise provided by
law" How long is the seat of govern
ment TO remain in Wheeling? The title
saws temporarily" the body of the act
saws until hereafter otherwise provided
bv law" SO far us the length of time is
concerned, what is the practical dtier-
ence? Both phrases convey the idea Of
uncertain, indefinite duration. The title
negatives the idea Of permanent location,
and so does the body of the act. If the
BODY of the act had intended to express
the idea of Il permanent location, either
no qualifying words would have been
used. or the word permanent would
have been reduced. Suppose the title
Of the act had been Gan act to remove
the seat of government to Wheeling I'M
I'll otherwise provided by law while the
hody of the act declared that "the seat OF
government shall be temporarily in tho
city of Wheeling would not the act in
that case, both in lis title and body,
be substantially the same as the existing
one? If so, the words of limitation
used in the title and the body of the act
would be convertible terms, and Conse-
ou.ntlv the "irrcconcilcable conflict" be-
tween the titlc.and the body of the act
itself. upon which your arguments rest,
does not, in point of fact, exist.
Take some illustrations, showing the
construction that must be given to the
words. "uptil otherwise provided by law.
The 18th section of the schedule of the
new Constitution declares that "the Mu-
nc,pal Courtof Wheeling shall continue
in existence and exercise its present jur-
isd;ction until otherwise provided by
law" Does this permanently establish
thi. Municipal Court? II is not clear, be-
vond question, that it is mere temporary
provision for the continuance Of this
Court until the Legislature should other
wise provide, and would there be any in
consistency, or conflict in terms TO de-
scribe il as temporary provisionT
Again the Constitution declares that
the seat of government shall be ut
Charleston until otherwise provided by
law" douot understand that anybody
claims that this located the seat OF gov
eminent permanently in Charleston. If
il WAS not Il permanent location it must
then necessarily follow that it was Tempo
yq1y for the terms are contradictory of
each other and if temporary, then II
would be altogether proper TO describe it
as such. Now apply these Illustrations
to the Act in question, and | think the
alleged conflict between the title and body
will disappear.
am aware. of course, that there is such
a thing ne q temporary statute-one that
expires bv its own limitation, without
further legislation. But we determine
whether statute is of this class By the
nature of the subject, or.the terms Of the
statute itself and not by the use or omls-
sion to use the word temporary in the
title. hardly think it necessary to at
tempt to show that this act does not be-
long to this class of laws.
For the foregoing reasons, ! am satlsf-
ed that the act is not unconstitutional and
void. IT, however, the reasons given do
nothing more than throw Il doubt upon
the correctness of your position, still, un-
der the principles laid down by the Court
Of Appeals, in the case of Bridges rs. Shall
cross the result would be the same. !
quote from page ga, 9Th W. Va, l.. LIST.
Courts should never declare a statute
void unless the nullity and invalIdIty of
the act are placed in their judgment be-
yoni q reasonable doubt
I'D. 1t is the duty Of the Court to pre-
sumo in favor of the validity of the act
until its violation Of the Constitution Is
proved beyond all reasonable doubt
sd. III case Of a reasonable doubt OF
the con,titutonalitv Of the act, the doubt
must be solved in favor of the legislative
action and the act sustained.
Ith. The court should sustain legisla-
tive action when not clearly satisfied Of
It's iuyuliditv. and unless it clearly APP
nc,rsythat It is contraricnt TO the Con-
stitution, then there is reasonable doubt
of its invaIiditv, and 1t should be suS-
tanned and enforced
Iagrcc with you in the theory that the
LEGISLATURE of State can exercise all
legislative powers not prohibited to IT,
and that it is not necessary in the Con-
stitution to confer upon it atiirmativeiy
legislative powers; but it does not follow
from this principle that every provision
in the Constitution, or in the article there
of relating to the Legislature Is restric-
tive or prohibitory in it, character, and |
am unable to see any restriction upon the
powers 81 the Legislature in the section
that provided that "the Seat OF Govern
ment shall be ut Charleston until other
wise provided by law If the sec
ton had been simply "the Seat Of Gov
eminent shall be at Charleston then
the Legislature would have had
no power over the subject, no other place
could have been designated rs the Capt.
tai But the addition Of the words "un-
til otherwise provided by law conferred
upon the Legislature the authority to
make such location rs it might deem
advisable. | cannot discover any re-
stric,iyc element in this section; the Leg
stature i given unlimited discretion in
the premises. and consequently has the
power TO make temporary location. 1t