Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1875-09-21


John j. Jacob and others, defendants below
and appellees.
In the Supreme Court of Appeals.
named Court IN ,chhh three of the Judges
of the said Court concurred, to pit:
l. Il is the duty of the Court to uphold
statute, when the conflict between il and the
Constitution is not clear and the implication,
which must always exist, that no violation has
been intended by the Legislature, may require,
in some cases where the meaning of the Con-
stitution is yet in doubt, to lean in favor of
such construction of the statute as might
not, at first view, seem most obvious and
natural. Where the meaning of the Con-
stitution is clear, the Court, if possible, must
give the statute such q construction as will
make it to have effect.
2 1t is always to be presumed that the
Legislature designed the statute to take effect.
and not to be . voidity.
3. Whenever an act of the Legislature can
be SO construed aud applied as to avoid con.
fict with the Constitution and give it the
force of law, such q construction will be
adopted by the Courts.
4. The performance of many duties which
the legislature may provide for by law, they
may refer either to the Chief Executive of
ecutive or ministerial officer
5. Generally, the words of statute are to
be taken by their ordinary and familiar signi.
fcation and import, and regard is to be had to
their general and proper use.
6. The expedieDcy or inexpediency of the
passage of an act is a question for the legis-
lature and not for the courts.
z, The preamble may be consulted in some
cases to ascertain the intention of the legis-
lature. But it is chiefly from the main body.
the puryiew of the act, that the will of the
legislature is to be learned; when this is clear
and express, the preamble will not ayil to
contradict It.
8. That part of section SO of the 9th sec>
ton of the Constitution, which is in these
words t.Nor shallany legislature authorize
the payment of any claim or. part thereof
hereafter created against the State, under any
| agreement or contract made without express
authority of law aud all such unauthorized
| agreement shat be null and void" does not
| apply to claims Indicated upon simple Justice
and right, and does not prevent the Legisla>
ture from voluntarily doing justice and right,
when the claim is not Indicated on a contract
made without express authority of law.
8 Courts are not authorized to look into
the preamble or recitals of an act for alleged
or supposed fraud, mistakes, or errors of
| judgment in the legislatures, upon which to
declare the enactment void.
10. Courts will not presume fraudulent i'm
tent aud corrupt purposes on the part of the
Legislature, but will presume the contrary.
H. The act of the Legislature passed on
the 10th of February, 1873, in these words,
viz:
IAN Act to remove the seat of government
to Wheeling.
WHEREAS, Henry K List, Michael
Kelley, John Mcclure, Geo. w. Franzheim
and Simon Horkheimer, citizens of Wheeling,
have agreed to furnish the State, without cost
thereto, suitable accommodations in said city,
for the legislative, executive and judicial de-
par,ments of the State, including the State
library, should the seat of government of the
State be removed temporarily to said city
and
"WuEREAs, 1t appears to the Legislature
that the Capital of the State should be To-
Gated at a more accessible and convenient
point; therefore,
BE 1t enacted by The Legislature of Vest
Virginia:
l. "That on and after the expiration of
ninety days from and after the passage of this
act, until hereafter otherwise provided by law,
the seat of Government of the State OF West
| Virginia shall be at the city OF Wheeling
The Governor is hereby authorized to
cause suitable accommodations to be prepared
in the city of Wheeling for the several de-
partments of the State Government including
| the legislative, executive snd judicial de-.
partments, and to remove thereto. and cause
to be properly placed or arranged, the books,
papers aud movable property. now in the city
Of Charleston, belonging to the several State
| officers, including tho State library, the said
Henry K. List. Michael Kelley. John Nc.
Lure, George w. Franzheim and Simon Hork>
heimer agreeing to indemnify the State against
the expense thereby incurred.
2. "Al acts and parts Of acts in conflict
with the provisions of this act are hereby re-
pealed." The said act of the Legislature is
| Constitutional and valid.
II The object of said act is sufficiently ex-
pressed in the title thereto, under the pro-
visions of the Both section of the 9th article
of the Constitution of the State.
10. A judge of Circuit Court in vacation
or court of equity had not power or au>
thority to epjoin by injunction John j. ia
cob as citizen or as Governor of tie State,
or other officer or officers, person persons act
ing under his authority as Governor of the
State, or by his direction, in the execution of
said act Of the legislature, from removing
1iCm the CITY of Charleston to the city of
Wheeling the papers and movable property in
said act mentione1, until the constitutiouality
and validity of said 81. was judiciaIly de-
termined, although the bill fraying the in
junction alleged the uncons,itutiouaiI:9g of the
act, the powers and duties springing from sad
act and the constitution being executive, and
of such nature that enjoining the Governor
from executing said act was an invasion by the
Judiciary Of the executive powers and duties.
devolved upon the Governor as chief exec
ulive of the State.
IA. The judiciary cannot enquire into the