The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-09-08
HAVE WE LOCATED THE CAPT.
TAIL?
corresponds nee OF the Register.

Corresponds nee of the Register.
Without any desire to be tacetious OF
fsctious, and especially not to choose Tor
such purpose subject so hsekneyed and
hsrsssing ss the Capital controversy, yet
we are not indisposed to consider now
certain questions IN this connection
which were excluded from the late cam
psign, but are now slumbering under the
surface of events, and will soon wake up
10 furnish food for new campaign, II
not to unsettle long hoped for settle
ment of all questions connected with the
permanent location of seat OF govern
ment for the State.
So far as the people and the ballot box
have been able to determine, the city oil
Charleston is now regarded as the chosen
Capital of West Virginia. But there
are provisions in the bill under which
this result was reached, that were not
settled by the people, and upon which
the people were not allowed to pass; and
while many of us might prefer that the
apparent settlement of the main question
should carry with it all minor and collat-
ersl issues, rather than that the whole
subject should be reopened, yet the NAL
contents are sufficiently strong and bel
lgerent to be relied upon not to
allow any legal or technics'
advantage to go by default
and the question which now concerns the
friends of submission and peace, Is,
whether the legal complexion Of the bill
can and will bear the scrutiny of the
courts.
Our judo ment has been, and is, that
there are legal objections to the bill
which 1t will not do simply to sheer at
The Legislature by which 1t was enacted
we're equally anxious with the whole peo-
pie, to make such disposition OF the sub
iect As should be final and conclusive OF
any further agitation or disposition to re-
vive it. With this view, they enacted
3 bill which, after providing for submit
ting the question of u location to be
voted on by the people, provided
a,so, by separate and independent
section. that when the location was fixed
and determined, "The Board of Public
Works should select and procure suatd-
bic site on Which to erect the necessary
public 5uiLdlngs for the use Of the State
and IN order to further AID IN
earrWny into effect the provisions Of this
section, a sum of money, not erceed'ng
ritz thousand dollars, is hereby dPProPrt-
ated and placed Gtihe disposal Of sad
board The sum hereby dPpro'
priated may be erpendedb By the SAID board,
either in tie erection Of a ns'0 cdpitai
building, II that should he necessary, or IN
making repairs and additions to, or
alterations IN am j,aidings which may be
upon the site acquired, &c"
The above extract gives the substance
of the seventh se3tion OF the bill re-
terred to- This was not included in the
question submitted to the people. They
were to determine upon the location SIM
ply, and this latter provision was intended
to seal their choice. IL was supposed to
contain the elements OF permanency. 1t
was thought that after the erection OF the
buildings and the expenditure OF Try
thousand dollars Of the States money
the people would be indsposed to
forfeit the investment by another re-
mJval The objects of the bill, therefore,
are two.fold: First, To locate the capital
and secondly, to erect the necessary
buildings and appropriating a sum Of
money tor that purpose. They are to ali
intents and purposes distinct and indie
pendent propositions, and have been act
cd ON rs such The first has already
been determined, the second is a matter
for the future. The first was submitted
to the people, the second is referred to
the Board of Public Works. The one is
complete without the other. There may
be Capital without Capitol-s seat of
government without the necessary build
ings. The purpose 10 the one case may
be pursued and expressed without any
references to or provision for the other,
rs was done by the people under this bill.
They are distinct objects, involving dis
tinct and independent consideration and
provision.
1t is this double purpose or "tuplicity"
of the bill which makes It's legal status
uncertain and questionable. The Con-
stitution OF West Virginia provides that
"NO act hereafter passed shall embrace
more than one object, and that shall be
expressed in the title"-Art. VI, Sec
ton 80.
II, therefore, the bill inquestion is con-
strued as embracing two distinct objects
it il void in toto by psin constitutional
provision, and Is to be regarded as never,
at any time, possessed Of any legal force.
No Court or Legislature can cure it, and
all acts and proceedings under it fall to
the ground and are to he considered AS
though they had never been.
Whether 1t will bear TINS construction
remains TO be seen. Like al other ques-
tions of legal character it VIII bear ar
gument. But viewed from common
sense standpoint it Is not hard to discover
two distinct and Independent purposes
or objects IN the bill in question. We
fail to see what singleness OF purpose or
necessary relation there is be