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An Ajle HerIetc 0f The HOrH Qf IRE Ltg'NdtuF
Jy an Able Somce-HUried Lac Making q
The Past-Cruds and boperatire Character
of car Lars-An introductory Letter 70 he
discussion Of Necessary Legislature Aefien.
Correspondence Irheslis Register. ..l
Il is undoubtedly true that the approaching
session of the West Virginia Legislature will
be important in every sense OF this much
misused word. Since the adoption Of our
present constitution, the usual and average
duties Of the legislative department OF State
Government, have necessarily been enlarged IN
importance and greatly increased IN number.
To adapt the Code OF 1868, and the laws sub
seouenlly enacted TO the requirements Of
new organic law, radically differing in many
particulars from that which existed from its
PRONUNCIATION 10 1868 10 its abrOgation IN
is72. involved legislative labor OF no little
difficulty. Its successful accomplishment de-
manded time, wisdom, deliberaton aud dis
cussion aud, whoever would criticize the
defects inaccuracies aud omissions IN the Acts
Of 1929 must, in justice to the members OF
the Legislature Of ID, &c years, recoect how,
by demagcg cal speeches upon the hustlnss'
and tloughtless editorials in country papers,
the people had been misled into the absurdity
of calling time upon their lawmakers. This
unreasoung impaten C has bIrie It's les timate
fruit in amendments 10 the Code, which leave
much that was paig, obscure aud difficult OF
construction, aud much that was positive,
doubtful and uncertain. Not few provisions
of The law, as il now stands, have been found
by iudses and lawyers 10 be so crude as 10
become practically imperative without the
assumption by the courts Of power expressly
forbidden to them | refer 10 that article OF
the Constitution which establishes the co-ordi-
nate departments OF the State government,
and declares that they shall be separate and
distinct 80 that ucither shall exercise the
powers properly belonging to either OF the
others" Yet il is notorious that nauy OF our
statutes are so defective in the original draft
and n their worse than careless publication
that they would be dead letters, but for the
action of the courts IN supplying omissions and
correcting palpable blunders in other words,
u.urping legislative functions and assuming
the power 10 amend the law. II is also To be
remembered in pnllation Of all these errors
and omissions, that the Legislature had other
duties to perform besides the codifcation OF
The statutes. There were United States Sen
etors 10 elect, and by some strange necessity.
even This important duty was complicated
with the ymions schemes Of Capitol location.
II will not 90 for any carping critic TO suggest
that ihere existed no Logical relation between
these two subjects-ihat day, we'll employed
could have. determined all Senatorial anoi-
tions or that permanent establishments Of
the seat Of State government might have bael
iu8Iciously postponed uutil the construction
Of railways and the development. Of ihc future
should Indicate convenient location for our
Capital. Inter drnld leges silent, and smid tho
clash of conflicting clans--Senaiorial and cap
itolian-thc repeal Of q statute or The amend
meut Of Code were minor subjects, buried
in the dust and forgetfulness OF committed
room pigeon holes, only TO be exhumed when
the fires of controversy had died down TO their
ashes, and the fever Of excitement had sought
relief in that cold and passionleos work in
which, after all, the people were most concern
ed. Seriously speaking, much may be said in
excuse Of the first Legislature under the pres
ent Constitution. !, had 10 encounter duties
to perform which perfectly, required Of its
members not only personal capacity but par
liameutary experience. However, be may
win the suffrage Of an admirIng constituency
it is not every gentleman Of the Senate or
House Of Delegates who is competent TO phrase
the important clause Of a statute, Or put into
intelligib.e words even his own idea of an
amendment to existing laws, 20 that every one
will comprehend it as he meant it TO be inter-
pretel. This difficulty he's existed from the
beginning OF representative government and
oue Of the most important ofhccs Of the judi
ciary. 10 this country and England, las always
been TO determine the legislative will auc
intention when ignorance haste and inatientior
have, either siugly or combined, left them IL
doubt
But the legislators Of 1913 are not now OF
trial. 1t il Of little practical value to 'h'
people at large, TO determine whether they nr.
to be convicted or acquitted Of blame. Th'
kindly genius Of Irresponsibi'ity. which pre-
sides over all representative bodi gives pr eel
immunity to their members. Thou cans
not say I did it" is at once the answer aud th'
shield Of each individual unit
Passing from this subject We encounter tht
fact that many necessities Of amendment ant
repeal we're devised TO subsequent legislatures
and that like causes-includlng the election O
other Senators aud another location Of the
Capital-haye been equally potent to POSTPONE
or prevent the required legislative review o.
the statute law. 1t happens, therefore, that
mass Of unperiormed labor will be devolyed
upon the legislature Of 1879. II no vacancy
occur in the representation Of the State ~ ih'
L. S. senate and "lcw die and none resign =
that disturbing question will lie absent and
If the ghost Of Capital removal is really down,
we may count upon an active, business session
in which members will address themselves
energetically, 10 lie work which lies before
them. think they are entitled 10 the benefit
Of any suggestion which may direct their at
ten,ion to subjects which demand legislative
consideration, ard With yopr pcrpission, Mr
Editor, | propose to submit some practical
comm cntarcs upon the law as il stands, with
a view TO the correction Of recognized errors
the repeal Of useless statutes, aud the deter
mination, by special enactmcnts, Of Questions
which the principles Of the common law DO
not fully and satisfactorily control.
To accomplish this purpose, ] may ask some
space in future numbers Of the Regisier. But
| shall be brief aud direct 10 what may un-
dertake to FAY; ny object being the simple
and unprcteutious presentation Of some sug-
gestous. which will derive whatever value may
attach to them from some familiarity with the
laws Of West Virgiuia-ohapters and verses
as they DOW stand upon the statute books.