The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-18

. 1uGlclal departments snall DC scptI aIe
AMI distinct so that neither shall exeT-
else the powers properly belonging to
the others; nor shall any person exercise
the powers Of more than one of them al
the same time, except that justices OF the
peace shall be eligible to the Legislature.
+ The lst section Of the 9th article of the
constitution provides that "the legislative
power shall be vested in Senate and
House of Delegates The first section
of the 7th article Of the constitution pro-
vides that the executive department shall
consist of..a Governor, Secretary of State,
Superintendent of Free Schools, Auditor,
Treasurer and Attorney General, who
shall be eEoticto reporter OF the Court of
appeals. They shall, except
the Attorney General, reside at the seat
of Government during their terms of Of
flee, and keep there the public records,
books and papers pertaining to their re-
spective offices and shall perform such
duties as may be prescribed by law. The
9th section OF the same article declares
that "the chief executive power shall be-
vested in the Governor, who shall take
cal that the laws shall be faithfully ex-
ecuted.' Section II declares that The
Governor shall be commander chief
of the military forces of the State lex
cept when they shall bo called into the
service of the United States and may
call out the same to execute tho laws;
suppress instruction and rcpcl lnva-
sion Power is also given him to grant
reprievcs and pardonS after conviction.
Power is also given him to convene the
Legislature on extraordinary occasions.
He is also granted II qualified veto pow
| er. a number OF other Important pow
ers and duties, are fastened upon the
Governor by the constitution which it
Is now unnecessary To specify. The 9Th
article OF the constitution, lst section de.
clares that the Judicial power shall be-
vested i'll II Supreme Court Of Appeals,
and Circuit Court, and the Judges there.
of; in County and Corporation Courts
and in Justices of tho Peace.
The 81 section of the same article, de-
cIares that the Supreme Court Of Appeals
shall have original jurisdiction in cases
OF hdJcGs corpus, ma,danuts and prohibit
ton. L. is granted appellate jurisdiction
in civil cases, when the matters in con-
trOversy, exclusive OF acts, is OF greater
value than 800, and in mdHdGDlus and
in number or other cases, civil and
criminal not necessary to lame. The
18th section of said article, declares,
among other things, that the Circuit
Court except in cases cont d d by
this Constitution to some other
tribunal, shall have original and general
jurisdiction of all matters ut law, when
the amount in controversy, exclusive OF
interest, exceeds $50 and
in all cases in equity and also man
danlus and various other cases, civil and
criminal and appellate jurisdiction there
in specified. The 27tn section of the
same article, conlers upon the County
Court which is composed OF Il President
and ordinarily of two Justices o; the
Peace, among other things, original jur
l>diction in cases OF mHi3Gmus, aId in
all suits in cy,uty. Upon the passage OF
the act under consideration, 1t became
the duty ofthe Governor, rs Chief EIecu-
tive, under consideration to determine
tor himself where the seat of government
WAS on and after the passage Of the acts.
1t WAS his duty 10 20 20 because O, fidelity
to his oath of office TO support the constl-
tuition of the State, and the constitution
Of the State unequlvocalIy requires that
he shall rcsid" ut the Seat OF Govern
mrnt during his term of office and keep
there the public records of his office, in
which is vested the chief executive power
Il. p, l.. I. f,,sf Ill
executed In order tn determine his
constitutional duty in this respect he
must. OF necessity, exercise his discretion
and best Judgment. How else could he
perform lnls constitutional duty except
bv passing upon the question as 10 wheth-
or the net of the Legislature was consti-
,utionm and valid or unconstitutional
and void. When he determines in his
mind and conceves that the law was con-
,titutional, ii then deyolycd on him To
execute il, the power and duty in this
case being, in our opinion, clearly cSe,u-
tive, requiring the exercise of discretion
and Judgment on his part. Ia the
case of the State of Mississippi
rs. characterization, Chief Justice
Chase in delivering the opinion Of the
Supreme Court of the United States,
SAYS: "a ministerial duty, the perform
ancc Of which, may in proper cases, be
required OF the head OF a department, by
judicial process, Is one in respect TO
which nothing is LETT to discretion. 1t Is
a simple, definite duty, arising under con
ditionS admitted or proved 30 exist, and
imposed by law 9TH Wallace 49S.)
The Justice further SAYS: Gin minister
al duties strictly speaking, there IS moth
ing left TO discrction-nO room for the
exercise of Judgment The present du-
tie, bringing from said act, and the Con-
,titulion, and Gevolved upon the Cover
nor being Executive, the injunction was
improyidcntly granted, and III" Circuit
Court Of the county OF kanawha could
not properly enjoin the removal of the
archives of the State and the State Ii
hrarv from the city of Charleston to
Wheeling, until the Court passed upon
the conS;itutionality OF the net, notwlth-
standing the allegations in the bill that
the act was unconstitutional. The case
of the State of Mississippi rs. johnson,
above cited, was motion made before
the supreme Court OF the United States,
in behalf Of the State of Mississippi,
for leave to file bill IN the
name oithc State praying the court per.
petually to cujoin and restrain Andrew
johnson, President of the United States,
and f O. c. Ord, General, commanding
in the District of Mississippi and ArI,uu-
sas, from executing or in any manner
carrying into effect certain acts Of Con-
gress, known rs reconstruction acts, OF
March ID aud Sd, 1867, upon the allcg-
ed grounds that said acts Of Congress
were unconstitutional Tn" court re-
fused to allow the bill to be filed, and
Judge Chase, on page 400, in delivering
the opinion of the court, says: The
duty thus imposed on the Presidents, in
no Just sense, ministerial; it is purely
executive and political. An attempt on
the part of the judicial department Of
the government To enforce the perform
ancc Of such duties by the President
might b. Justly characterized, in the Ian.