Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-09
SUGGESTIONS.

the adoption OF our present conStltu-
ton. the usual and average duties oi the
legislative department OF State Govern
ment, have necessarily been enlarged IN
importance and greatly increased In
number. To adopt the bOde OF 1868,
and the laws subsequently enacted TO
the requirements OF a new organic law,
radically differing in many particulars
from that which existed from its pro-
mitigation in 1863 to its abrogation in
1872, involved legislative labor OF no
little difficulty. Its successful ac-
complishment demanded time, wisdom,
deliberation and discussion; and, who
ever would criticize the defects, mac
curacies and omissions in the Acts Of
1928 must, in justice to the members
of the Legislature OF those years, recol-
lect how, by demagOgical speeches upon
the hastings, and thoughtlesS editorials
in country papers, the people had been
misled into the absurdity OF calling
time upon their lawmakers. This UNI
reasoning Impotence has borne Its
legitimate fruit in amendments to the
Code, which leave much that was plain,
obscure and difficult of construction, and
much that was positive, doubtful and
uncertain. Not few provisions OF the
law. as it now stands, have been found
by judges and lawyers to be as crude as
to become practically imperative with
ont the assumption by the courts OF 4
power expressly forbidden to them. |
refer to that article OF the Constitution
which establishes the coordinate depart
ments of the State government, and de
clares that they shall be separate and
distinct $50 that neither shall exercise
the powers properly belonging to either
of the others" Yet it is notorious that
many of our statutes are so defective III
the original draft and in their worse than
careless publication that they would be
dead-letters, but Tor the action OF the
courts in supplying omissions and cor
recting palpable plumbers in other
words, usurping legislative functions
and assuming the power to amend the
law. 1t is also to be remembered III
pulliation OF all these errors and OmiS-
sions, that the Legislature had other
duties to peform besides the coditicatlOn
of the statutes. There were United
States Senator'S to elect, and, by some
strange necessity, even this important
duty was complicated with the various
schemes of Capital location. 1t will not
do for any carping critic to suggest that
there existed no logical relation between
these two subjeCts-that 4 day, well
employed, could have determined all
Senatorial ambitions; or that Il perma-
nent establishment of the seat OF State
government might have been judiCious-
" POSTPONED until the construction OF
railways and the development OF the
future should indicate Il convenient lOCa-
ton for our Capital. Inter dimd leges
silent, and amid the clash OF conflicting
clans-Senatoria and apitolian-there-
peal of statute on the amendment OF
a Code were minor subjects, buried in
the dust and forgetfulness of committee
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 i'll that
cold and passionleSs work i'll which, al
ter all, the people were most concerned.
Seriously speaking, much may be said
in excuse Oi the first Legislature
under the present Constitution. 1t
had to encounter duties, TO per
form which perfectly, required OF
its members not only personal ca
pacity but parliamentary experience.
However, he 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 statute, or put
into Ineligible words even his own
idea OF an amendment to existing laws,
so that every one will comprehend it as
he meant il to be interpreted. This
difficulty has existed from the begin
ming of representative government; and
one of the most important offices
of the judiciary, in this country and
England, has always been to determine
the legislative, will and intention when
ignorance, haste and inattcntion have,
either Singly or combined, lett them in
doubt.
But the legislators of '72-'73 are not
now on trial. 1t is of little practical
value to the people at large, to deter
mine whether they are to be convicted
or acquitted of blame The kindly ge-
MUS OF Irresponsibility, which presidcs
over all representative bodies, gives per
feet immunity to their members. Thou
cans't not say / did il " is at once the
answer and the shield OF each individ-
ual unit.
Passing from this subject we encoun-
ter the fact that many necessities Of
amendment and repeal were devised
to subsequent legislatures; and that
like causes-including the election OF
other Senators and another location of
the Capital-have been equally potent
to postpone or prevent the required leg
islative review OF the statute law. 1t
happens, therefore, that mass OF I'M
performed labor will be devolved upon
the legislature of 1879. Ii no vacancy
occur in the representation OF the State
in the L. :. Senate-and few die and
none resign''-that disturbing question
Will Dt tDStHl anu IL NiIC SI'Hl Va Ndll-
tai removal is really down, we
may count upon an active, bus
mess session in which members will
address themselves, energetically, To the
work which lies before them. | think
they are entitled to the benefit OF any
suggestion which NAV direct their at
tention to subjects which demand leg
islative consideration, and with your
permission, Mr.. Editor, | propose to
submit some practical commentaries
upon the law as it stands, with view
to the correction OF recognized errors,
the repeal of useless statutes, and the
determination, by special enactmcnts,
of questions which the principles OF the
common law do not fully and satisfac-
tOrily control.
To accomplish this purpose, may ask
some space in future numbers OF the
REGISTER. But | shall be brief and
direct in what may undertake to say;
my object being the simple and UMPIRE
tentious presentation OF some sugges-
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