The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-02-27
TWO BILLS VETOED.
THE GOVERNOR REFUSES TO ASSENT

TO Two or the Acts or the Recent LeRsIAtute,
Oae to Provide that Jurlss Shall Sentence
CrinInah and the other to Pay Con.
mIsSIOusrs Mileage HIS Reasons
The acts Of 1888 will consists Of IS chapters,
unless the Governor changes his mind and
yetoss the Pharmacy act which Is the only
law not yet disposed Of by him. OF the
eighty.four which have become laws, large
number did 80 without the Governors appro'
val. by the expiration OF the constitutional
period Of i've days in which he can approve
or veto bill.
Gov Jackson yesterday filed in the secre.
tary Of States office his veto OF two OF the
Acts passed by the Legislature a. It's recent
session., The tirst message is rs follows:
An Act entitled IAN Act To amend and re.
enact Section p OF Chapter 162 OF the Code Of
West Virginia, as amended and re enacted
by Chapter ISL Of the Acts Of 1889, concern.
| iny crimes and punlshments," presented TO
me on the esd day Of February instant for my
approval, having been carefully considered
| by me, | return the same to the office Of the
Secretary OF State 10 be filed therein, with my
objections 70 it, becoming law, az provided
| iof in Section II Of Article WI OF the Cohsti'
tuition.
1882 provides that 1.-THE term OF confinement
| in The penltentIary or jail In the case OF pon'
yiction for felony where that punishment j.
prescribed, shall beascertained by the Court. !"
The law from the earliest period bad vested
the power OF ascertaining the punishment
nnoti conviction for felony In the Jury.
Following thn law OF the mother State, the
LeRislature OF this state alsp vested this
power In our juries until the passage Of the
sct OF 1882 This act was passed on the eth
OF March, 1882, but did not take effect until
90 days after Its passage, viz: June 70, lsS2.
It has therefore only been In force eight
months Itispow sought by the Legislature
10 repeal the Law and rtiufn " theo one,
The Legislature OF 1859 had under eonssd'
Grafton the revision OF the Code, both civil
and criminal. II committed the revision 10
a mini committee composed OF gentlemen OF
as coed judicial talent as we have In the
sta,s, Ihis committee sat during the recess
of the Legislature, and alnong other changes
in our criminal law recommended this one
which was carried into effect by the passage
OF said act. The Legislature maturely con.
siderod 1t In all It's bearings, and the
proyed by me. then thought that
The change was wise. TWAS the rule OF law
| in many States OF the Union, where 1t had
met with tho approval Of the best men OF the
country. II has not been in force asutficie1t
length OF time In this State TO give It . fair
| test, 10 ascertain II there IS any good aud
valid obi sctlon To it, remaining upon our
statute books. am Ct opinion that our
laws should not be changed until, after q
fair trial, they shall prove to WORK oppres.
siyely or not be adapted to reach the result
experted by their passage, or 10 be against
public policy. ~
So far as lam advised the law as II now Is
has met with general approval. It should
not be hastily changed until II has q fair
trial. and its defects, II any, shall have been
plainly made manifest by pnblic sentiment
Hnother objection Is that by permitting
the act 10 become lava different rule is
prescribed in lelouy for that upon conyic-
| ton for q misdemeanor. see no good
reason why the court should have power
over III an s property In assessing the amount
OF the due Id one case, which was formerly
the province OF the jury, and should not have
power To ascertail the term VI tmprison.
ment. In all cases OF conviction the accused
rely upon the courts TO see that they nave
impartial trials, aud further TO see that their
|
that excessive 1neS are not imposed nor cruel
nor nor unusual punishments inflicted.
The courts ara the last resort for the pro-
lection OF the citissn. ! see no reason why,
where conviction Is had, the court should
not ascertain the imprisonment as well as fix
the lac. For these reasons cannot consent
that the Act herein referred to should be.
come a law.
Signed J. B. JACKSON, Governor.
To the Secretary OF State.
! The other veto reiers 10 An Act entitled
IAN Act to Amend and Re-enact Section 3
OF Chapter 80 OF the Code OF West Virginia as
amended aud re'enacted by Chapter Of the
A0tSufiSS2 formerly concerning Boards OF
Supervisor, but hereafter CONCERNING the
County Courts, their Jurisdiction and
Powers" which was presented TO the Cover.
nor on the 23d interest for his approval.
This act isheld TO be repugpant 10 the con-
stltutional provision to the effect that Each
commissioner who attends the session OF said
court shall receive for bis services 81 per day
for every day he shall 500 attend, 10 be paid
out OF the county treasury, as enacttd In 1851:
| The act seeks 10 add 10 the compensation OF
commissioners by providing that they shall
also receive five cents per mile for every mile
travelled In going to and returning from said
court. The Governor holds that, the com.
| pensation OF oOnimissioner having been hxed
by the Constitution, Is incompetent for the
| Legislature TO add to or diminish tho com
pensalion therein provided.
I II 10 also rnle OF construction OF consti-
tutional provisions where the meaning seems
10 be ambiguous, to consult the journal OF
the body framing the Constitution, to see
what construction was placed upon 1t by It's
trainers. Upon psge s25 OF the journal OF the
Unnte NJ DalspNfaR Of 1870 the House having
under consideration the constitutional
Amendment, 1t is recorded that "Mr. Camp.
bel! moved to insert after the words per day
the words, and the same mileage as jurors
which amendment was rejected" THIS Is
held TO show that the trainers Of the Consti-
tuition INTENDED that the commissioners
should not receive any mileage or compensa-
ton 10 addition to that provided In any form,
and the bill Is therefore repugnant to the
spirit, II not the letter Of the Constitution,
and IL vetoed.