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

influenced by pecuni6ry benefits conferred
either upon the members or upon the
State by private individuals. The said
act, in effect recites that the Legislature
removed the seat Of governmental Wheel
ing by reason Of the offer Of pecuniary aid
and assistance supposed to Be rendered the
State By certain individuals claiming tC
be citizens Of Wheeling. Your orators
allege that q law which upon its face
shows that the Legislature was induced
TO enact il BY reason Of pecuniRry consid.
erations is unconstitutional, null and
void.
The act Is unconstitutional, null and
void for other reasons, appearing upon
the face thereof.
Your orators further allege and charge
that all the powers and duties supposed
to DO conferred and imposed upon John
J. Jacob by the act, who Is named therein
as Governor; are MiAiaeridl powers and
duties, and not EIccitip!!or R6liiiealj thai
said powers and duties do not involve the
exercise Of any Executive discretion on
the part Of said John Jacob, and that
they are not acts, powers or duties con-
ferred upon the Governor by the Consti'
tuition; and that all such acts, powers and
duties could as we'll have been conferred
upon any other person or persons.
Nevertheless, the said John ]. Jacob
Edward A. Bennett, John S, Burdett,
Benjamin W, Byrn, Charles HedriCk,
John L. Cole. ], Barnard POyton and
Joseph s. Miller, under color Of law and
their respective offices they being at
present The incumbents Of State and
other offices a. follows: John J. Jacob,
Governor, Edward A. Bennett, Auditor,
John S. Burdett, Treasurer, BAnajmin
W. Byrne, Superintendent Of Schools,
Charles Hedrick, Secretary Of State, John
l.. Cole, Librarian, ], bernard Peyton,
Clerk Of the HouSO Of Delegates and
Keeper Of the Rolls, aud Joseph s. Miller,
Clerk Of the Senate, In and for the State
Of West Virginia. now threaten to carry
into execution the provisions Of said pre-.
tended Act, and your orators arc inform.
cd, believe and charge that they intOnd
so to do, by removing the books, papers,
archives, furniture and other movable
property, now in said City OF Charleston,
belonging to the several State offices, In
Guiding the State Library.
Your orators now further shew unto
your honor, that II the removal Of the
seat Of Government be accomplished, il
will b. to the great injury Of the public
interests Of the State, and unnecessarily
increase the burden OF taxation to meet
the expenses, which will Of necessity have
to be incurred for the costs Of removal
and providing buildings, &c, for the DIFF.
ferent departments Of State; and that the
individual interests Of your orators, ".
peCially, will thereby DO materially and
irreparably injured and affected, by the
certain depreciation in value Of their real
estate and tho depression Of their bust.
ness, insaid city Of Charleston,
Your orators also AllegO that groat in.
Jury and damage will be inflicted upon
them and oil other good citizens olthe
State, by the illegal removal Of the public
archives to Wheeling under the pretend
ed authority Of an unconstitutional act.
In tender consideration thereof and in-
aslnnch M your orators arc remedilcss
by the strict rules Of tho common law,
and reliOYAblc only in Court Of equity,
where matters OF this nature aro properly
cognizablO, may II please your honorable
Court TINT the said John ]. Jacob, Ed
ward A. Bennett, John $. BurdeLt, lIon-
jamin W. ByrnO, Charles IIedtiGk, John
L. Cole, J. BERNARD PeytOn aud Joseph >.
Miller, their agents, employees and all
other persons acting under or by virtue
Of their authority or Of the authority OF
either or any Of them, aud oil other per-
sons WhasOeYer aiding or assisting there
in, may be restrained and inhibited by an
injunction from proceeding to execute
tho provisions Of said pretended act OF
tho Legislature, and that your orators
may have such further and other and
general relief in the premises as the nature
Of their case shall require and IA to
equity shall meet. May II please your
honor 10 grant unto your orators the writ
ofinjunctiOn, directed 10 the said John j.
Jacob, Edward A. Bennett, John s. Bur.
dett, Benjamin w. Byrne, Charles He'd.
rick, John L. Cole, J. Bernard Pcyton and
Joseph s. Miller, their agents, employ.
ees and all other persons acting under or
by yirturc Of their authority and all other
persons Whatsoever siding or assisting
therein, commanding them and each Of
them absolutely to desist and refrain
from proceeding TO remove said books,
papers, archives, furniture, and other
movable property, including the State
Library, or any part thereof, from The
said city Of Charleston, or In any manner
carrying said pretended act OF the Legis.
lature into execution.
JoltN SLACK, Sn.,
JoHN 7. CoTToN,
EDWARD Q. sroLLB,
JoHN G. RUDY,
JolN D. WlnTB,
ALEX. II. WnsoN,
GUsTAvB SToLLE,
BY CounAi.
". 4. QuAEHtER,
h. W. WILSON,
]. II. FERGUsON,
Solicitors.
Wet Virginia, Kanawha county, io.rciH
Alexander II. Wilson, one Of the plant.
ifEs named In the foregoing bill, being
duly sworn, says that the facts and allie.
CATIONS therein contained, 40 far as they
nro stated on his own knowledge, are
true, and that, 40 far az they are stated
IN Information, he believes them to be
true. A. II. Wilson.
Taken, sworn to and subscribed before
me this both day Of March, 1876.
d. L. RUFFNER,
Notdry hbiie for Ranarhd County, Wa.
EXHIBIT A.
an Aetio ren,0e he Seat Of Government lem.
pordrilyio Wheeling
WHEREAS, Henry X. List, Michael
Reilly, John Mcclure, George W. Franz.
helm and Simon 1Eorklcimet, citizens Of
Wheeling, have agreed to furnish The
State, without cost thereto, suitable ac-
,OnlniUdationS III said city fot the IEgis-
Iative, Executive and Judicial Depart
neht4 Of the State, including tbs State
Library, should the Seat Of Government
je removed temporarily to said city, and