The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-04-23

says until hereafter otherwise provided
by law" So far as the length OF time is
concerned what is the practical differ
ence? Both phrases convey tho idea OF
uncertain, indefinite duration. The title
negatives the idea Of permanent location,
and 80 does the body Of the act, II the
body Of the act had intended TO express
the idea Of a permanent location, either
no qualifying words would have been
used, or the word "pcrmanenp would
have been introduced. Suppose the title
Of the act had been "An net to remove
the seat OF government 10 Wheeling until
otherwise provided by law" while the
body Of the act declared that "the seat OF
government shall be temporarily in the
city OF Wheeling" would not the act in
that case, both in its title and body, be
substantially the same as the existing
one? II so, the words Of Limitation used
in the title and the body Of the act would
be convertible terms, and consequently
the "irreConcilable conflict" between the
title 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 10 the
words "until otherwise provided by law"
The 18th section Of the schedule Of the
new Constitution declares that "the Mu-
nicipal Court Of Wheeling shall continue
in cxistancG and exercise its present jur-
isdiction until otherwise provided by
law" Does this permanently establish
this Municipal COurt2 Is II not clear, be-
yond question, that It Is mere temporary
provision for the continuance Of this
Court until tho Legislatureshould other
wise provide, and would there bo any in
consistency, or conflict in terms to do
scribe It ms a temporary prOvisiOnf
Again, the Constitution declares that
"the seat OF government shall be ut
Charleston until otherwise provided by
law" do mol understand that anybody
claims that this located the seat Of gov
ernment permanently in Charleston. II
II was not q permanent location, II must
then necessarily follow that II was tempo.
rury ior the terms arc contradictory Of
each other) and II temporary, then II
wOnld be altogether proper to describe II
rs such, Now apply these illustrations
to the Act In question, and ] think the
alleged conflict between The tiilc and body
will disappear,
| am aware Of course that there Is such
II thing as q temporary Statute-One that
expires by its own limitation, without any
further legislation, But we determine
whether statute il Of this class by the
nature Of the subject, or the terms Of the
statute itself, and not by the use or omis-
sion to use the word Temporary" in the
title. hardly think II necessary to ut
tempt to show that this Act does not be-
long to this class Of laws.
For the foregoing reasons, ] anl salts.
fed TINT the act Ia not unconstitutional,
and void. II, however, the reasons given
do nothing more than throw n doubt up
on the correctness Of your position, still,
under the principles laid down by the
Court Of Appeals, in the case Of Bridges
rs. Shallcross, the result would be the
same. quote from page 574, 9th W.
Va, l2. lat. "COurts should never de-
clare statute void unless the nullity and
invalidity Of the act are placed in their
judgment beyond n reasonable doubt"
"2d. II Ia the duty Of the court to pre-.
snnie In favor Of the validity of the act
until It's violation Of tho Constitution is
proved beyond all reasonable. doubt"
"3d. In CasC Of n reasonable doubt Of
tie constitutiOnality Of tho act, the doubt
must be solved In favor Of Me legislative
action and the act be sustained"
9TH. The courts should sustain legisla.
tive action when not clearly satisfied OF
It's invalidity, and unless II clearly ap.
pears that II is cOntraricnt to the Con.
stitutiOn, then there Is reasonable doubt Of
It's inyalility, and 1t should be sustained
and enforced"
agree with you In the theory that the
Legislature Of State can exercise all
legislative powers not prohibited TO IT,,
and that II Is not necessary IN the Con.
slitution to confer upon II allirmatiyely
legislative powers; but itdOes not follow
from this principles that every provision
In the Constitution or In the article there
Of relating to tile Legislature Is restric.
tive or prolibttOry in its character, and |
am unable tosee any restriction upon the
powers Of the Legislature in the section
that provided that "tlle Seat Of Govern.
nent shall be at Charleston until other.
wise provided by law" II the sec.
tion had been simply "the Seat OF Govern.
ment shall be at Charleston" then
the Legislature would have had
no power over the subject, no other
place could have been designated as the
Capital. But the addition Of the words
"unlil otherwise provided by law" con.
ierretl upon the Legislature the authority
to make such location "a II might deem
advisable. 1cannot discover any restriC.
tive element In this section the LcgiSla.
ture Ia given unlimited discretion In the
premises, and consequently has the power
10 make temporary location. Itmay be
neither statesmanlike nor wise 10 make
the Capital Of the State "migratOry," and
I do not think IL Is, and this was one Of
the reasons why did not approve the
present act, but this does not affect the
question Of itS cOnstituLiOnality.
The provision Of the Constitution Of
1868 was this. "'The seat OF government
shall be at the city Of Wheeling until a
permanent seat Of government shall he
established by law The seat Of govern.
ment under that Constitution could not
have been Temporarily" located at any
place but Wheeling, and the Legislature
probably exhausted its power when II
made permanent location al Charleston.
The language Of the present Constitution
Is very dillerenti II not only opened up
the question, but left tile subject In the
future to the discretion Of the Legislature.
So far as the present Constitution Il con.
Cerned, there can 10 no permanent loca.
tion; by this mean that no Legislature
can bind itS stlOcessor--that any tegisla-
tire can Undo or alter what was done by
lie predecessors, ! therefore Join issue
with yoti on the proposition THAT the
present Legislature had no authority to
pass any law on The subject except for the
permanent location Of The seat Of govern.
r,aVN