The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-09-08

preparation therefor, and that which Is
left is complete in itself, sensible, capaoie
of being executed, and wholly lndepen-
dent of that which is rejected. 1t Will,
doubtless, be argued that while there are
two measures embraced in the bill they
aim al single purpose, inns Is true,
but does not avoid the evident conflict
with the spirit and meaning OF the Con
stitntion. The language OF the Con-
stitution is that no act STALL "emOrdce
more than one;'-Dot si4bject-but "oG)ect.
There is singleness OF meaning III Inc
word object that does not attach 10 the
word subject. While the latter might
allow digresslon to gather In all KIM
dred and congenial branches or parts OF
a matter, the word "object" is expressive
of unit, and is q restrictive term en-
ployed in this Connection to protect a
principle from just such heterogeneous as
occur in the Capital bill.
But leaving this objection to the bill at
this point, and admitting, as We have al
ready done, that while 1t Is one which
may, with good reason, and probably
will prove fatal TO the bill, yet 1t Will
also, very properly, admit OF a
diversity of opinion, which also, without
doubt, will arise.
There is one other objection to the bill,
however, which puts 1t beyond the reach
of law or logic to cure, and needs but TO
be stated to appear conclusive-the most
ardent friend OF the bill being judge.
This defect has, perhaps, already been
surmised from the clause OF the Constltu-
ton already quoted. 1t will be observed
that the same clause which declares that
IN . act hereafter passed, shall embrace
me- than one object, declares also,
sand that shall be oppressed IN the title
While the title TO the Capital bill IS
bold enough to express tWO OBJECTS
which brings it under the objection
already noticed-it Is still insufficient to
cover the entire scope OF the act Itself.
In other words, the act Is broader than
the title. The title is framed rs follows:
"An act providing for the location OF n
permanent seat of government for tins
State, and the erection thereat OF the
necessary public buildings for the use OF
the State"
The decisions of the Courts have been
uniform and unquestioned upon the
point that wherever constitution re
quires the object OF the act to be stated
in the title, everything is excluded
from effect and operation as law which
is incorporated IN the body
of the act, but is not named III the title.
There is another principle Of law, equally
well established, which has q peculiar
bearing in this connection; we state 1t
carefully and it must be noticed closely
to appreciate its Importance that where
n title beams TO eRtt,neTGte the contents OF
An act, the operation OF an net Will be re
striCted to the items enumerated, and
many things which might be included in
an act under general title will be ex-
| Guided from operation, il the title names
part but omits the whole.
1t is hardly necessary for us to argue
the effect of these principles OF law upon
the bill IN question. That they will
operate in completely excluding and null
| llfying at least the seventh section OF the
bill, there is no room to doubt. The
Constitution OF West Virginia has made
the title the conclusive index TO the leg
isative intent as to what shall have oper.
| alton in BILL The title must afford
complete clue to its cor tents. Now, will
any one say, from the 7cading OF the title
already quoted, that h. is informed OF,
can divine or guess from il, that the sew :
enth section of the bI1 contains the I'M
pOrtant provisions: that the seat
or government SSH never be
changed except upon certain speci-
fed and extraordinary conditions; that
the same section establishes u contract
between the donor OF any real estate or
money, that the capital shall never be
removed except on these certain extrsor-
binary conditions; that it cOnters pecu
liar jurisdiction upon the circuit court OF
the county where the capital Is located,
upon bill filed by any such donor, to
perpetually enjoin the removal in any
other than the extraordinary modes pro-
| vided; and lastly, we think 1t would re-
! quire very vivid imagination III the
reader of the title To the bill, To inform
| hin self that the sum OF $50 600 was put
| in the hands OF the Board o. Pablo
| Works, with which to provide public
buildings. Under what part OF the title
will we arrange these things! The clause
providing for locating, or that providing
tor public buildings? But even If 1t
could be shown that they are all properly
objects or items OF one and the same
blll the iset that the title does tegin to
stumerate, and stops short Of tanning
| any OF the items referred to, is conclusive
and fatal to the items omitted Other
wise the only end and aim OF the consti
tutiOnal provision which requires this
particularly IN the title is vain and
meaningless. It's object is 10 apprise the
people, through such publication of legis-
lative proceedings as is usually
made-thst is, through the IT,
acter and contents of the acts, in order
that they may have an opportunity of
being heard thereon. An act which APP
propristes money, and does not mention
i. in the title, must certainly fall under
Ibis prohibition of the Constitution, if it
has any force, any meaning. There is
no other item of u bill that gives it
character and determines Its fate so much
as an appropriation OF money. There is
no other subject of legislation the people
watch with so much care, and they are
entitled to know. Money Was not neces-
ssry to designate the location of the capt.
tai under this bill. Money WAS not
absolutely necessary to provide the neces-
sary buildings-they might have been
donated. Yet money is included in this
bill. But the title does not 50 inform the
DeODle Thrae-fOurths of the ppOplP
doubtless, voted on the location without
suspicion that they were also voting an
appropriation of $4,000 for buildings.
Whatever, therefore be the fate of the
bill as regards the location of the capital,
We teel confident that il it gets into the
naurts IL nannnt cprru tho alnnrnnriaf