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

Case.
IFlum tie Charleston Courier Of April lStl
GuYAxporTE, March 81.
Special 70 the Courisr;
Judge Eyermont Ward, Of the Ninth
Judicial Circuit, has heard and granted
the application made on behalf Of the
city Of Charleston, by Hon. E, Willis
Wilson, for an injunction 70 prohibit the
removal OF the Capital to Wheeling. The
Governor and other State officers, and all
other persons, are restrained from carry.
ing into effect the provisions Of the act OF
removal. II.
BILL OF INJUNCTION.
II Ae Circuit Court Of KaaarAa County,
Res Nrgiaia.
The Bill Of Complaint Of John Slack,
ST., John T. Cotton, Edward Q. Stole,
John @. Ruby, John b. White, Alexander
II. Wilson and Gustave StOlle, exhibited
in said court against John ]. Jacob, Ed.
ward A. Bennett, John S. Burlett, BEN
jamin W. Byrne, Charles HedriCk, John
l.Colc, ]. Bernard Peyton and Joseph S.
Miller,
I0Me Honorable JNSeph SHlth, Judge q pef
Circuit Court d RaRGrha CbuHtg, WA:
Humbly complaining, your orators
would respectfully show unto Your Hon
or, on behalf Of themselves and all other
citizens and taxpayers Of West Virginia.
except the defendants, that they are resi:
dents, citizens, voters, owners Of real and
personal property and Taxpayers Of the
city OF Charleston, KRnRWha county,
w, Va, That by Section %, Article 4, Of
the Constitution OF West Virginia Of 1868
II was providOdthAt "Tho seat Of govern
mOnt shall DO ut the city Of Wheeling,
until permanent seat Of government be
established by law That by an act Of
the Legislature passed February 20, 1869,
chapter rs. entitled IAN act permanently
locating the seat Of government for this
State,"i Il was provided by section Of said
act that "The permanent seat Of govern
mOnt for this State 10 hereby located at
the town OF Charleston, In the county Of
KAnawha." That during the latter part
Of the year 1870 a number Of the
citizens Of said town Of Charleston and
vicinity, having completed the build.
Ing for the use Of the Legislature and
State olliccrs-a building in every respect
admirably adapted to the purposes Of a
State House, and the most Capacious,
convenient and suitable one within the
limits Of the State for such purposes
rendered the same TO tho then Governor,
w, Il. Stevenson, who was duly authorized
u receive the same on behalf OF the State,
for tho use Of the Legislature and State
Officers, without charge, 10 long as the
same should 10 used by the State as iS
Capitol. That said Governor, VIM. Z.
Stevenson, accepted the generous tender,
on behalf Of the State, and occupied tho
said building for the purposes Aforesaid.
That, In consequence OF the said pOrma-
hent location Of tho scat Of government,
there has been q large accession TO the
population Of said town, now city, Of
Charleston, business enterprises largely
extended and increased under It's stimu.
lating influences, and real estate, paFticu.
lArly within the limits Of said city, and
especially the property Of your orators,
materially advanced in value, without eE-
CeptiOn.
That, by section 20, article 0, Of tho
State Constitution Of 1872, II Is provided
that "The seat Of government shall bO at
Charleston until otherwise provided by
law That tho Legislature on tho =
day Of February, 1876, passed pro-
tended not, entitled Tau act 10 remove
the scat al government temporarily to
Wheeling" certified copy Of which pre-
tended act 10 herewith fled, marked
Exhibit A, /" aud made part OF this bill.
Your orators now allege that said pre-.
tended act Ia utterly null and void, for tho
following reasons;
Isl, The intent Of the Legislature, that
the scat Of government shall be removed to
the city OF Wheeling and that suitable
accommodations shall he furnished for
the different departments Of the State
government, without cost 10 the State,
cannot DO carried into effect, IA The parties
named In the act and preamble are in no
manner legally liable under the agree.
ments therein mentioned. And that said
pretended act contains no undertaking or
contract on the part OF the parties named
In tho preamble, that they will furnish
10 the State, without costs thereto, suita.
bic accommodations, In said city wheel.
ing) for the Legislative, Executive and
Judicial departments Of the State" And
that II In, since the passage oil tho act, q
matter Of option with the parties afore-
said, whether or not said parties will fur.
nish said accommodation and buildings
or not And the State Ia nov In this con.
liiion that the object Of said pretended
act, tea removal without cost, can be
only DO efiectuated at the option OF the |
parties named In the preamble. Aud In |
effect the Legislature has delegated to the
Aforesaid parties, the power TO remove or
not remove the scat Of government, at
their option and pleasure.
2. The act authorizes, and directs the
Governor toporfofm certain duties, re.
quirihg the expenditure Of money, with
out either IN appropriation, or power
vested In him, OF any one else, to contract
on behalf Of tho State, 10 carry ia pro.
visions into effect. Section OF article 10
Of the constitution expressly provides
that mo money shall be drawn from the
treasury, but In pursuance Of an npprO.
priatiOn made by law" and your orators
allege and charge that no means have
beoh provided by law, 10 enable the Gov.
CfnOt to carry out the provisions olSaid
act, and by section 3S Of article 0 Of the
constitution, II Ia provided "hOr shall any
Legislature authorize the payment Oiany
claims, or part thereof, hereafter created
against the State, under any agreement or
contract made without express author.
ity Of law, and all sich unauthorized
agreements shall he null and void.
Your orators further allegc that said
pretended act Ia unconstitutional, in thisi
!, Section 20 Of article 0 Of The Consti.
ton Of 1872, conteinplates permanent
removal, II any, and not . temporary re.
itiOval Of the seat Of government, as II OK.
pressed III the title OF said pretended act
The Constitution VI 1868, III article 4, sec.
tiOn q, provided that the seat Of govern.
lnehl should 10 at Wheeling until per-
itianchtly located by law. Section 20 Of
article o Of The present Constitution pro.
yiles that the seat Of government shalt 10
at Charleston Until otherwise provided
BY law. Your orators allego and charge
that the proper construction Of this sec.
lion Of The Constitution Ia 10 restrict the
power Of the Legislature 10 make any
change in tho seat Of government except
PERMANENT change, aud that IL was ihlend-