Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-01-25
Joint Session to, DecIare Mr.. Ken
mas Election. ..
A Long Debate in the Senate Over the Ksl-
ley Statutes es-Some Bills Passed
~ Both Houses Resolve to go t
to the Peniteutiay.
GRAND PROHIBITION FlAsco TO-DAY.

attendance OF witnesses, recommended ad-
versely by the committee, was ordered to
its second reading
Senate bill No. 50, to amend and reenect
section of chapter of the acts OF 1881,
was introduced by Mr.. Harvey.
Senate bill No. 60, concerning usury, was
presented by Mr.. Coburn.
An'invitation was presented by Mr.. Bur.
CESS, inviting the Senate to visit the peni.
tentiary at Moundsville, Saturday, Janu.
ary q, stating cars would be in readiness
at the Capitol. On motion of Mr.. Donehoo,
the invitation was accepted.
On motion of Mr.. Donehoo, the Com
mittee on Penitentiary was invested with
official authority to examine the general
condition of the institution and make q
report to the Senate.
Senate bill No. 30, regarding
Kelley's Statutes,
came up as the special order. Mr.. Smiths,
of Tyler, r,amendment to exclude everything
but the laws of the State, was the first Ques-
tion in connection With the bill.
Mr.. Price thought the volume ought to
contain the constitution of the United
States and that of West Virginia, the latter
at all events, because it was now contained
in two volumes. He said il would be proper
to put 1t in these statutes, because they
were intended as substitute for the code
OF 1868, which contained IL.
Mr.. Smith, of Tyler had no particular
objection to the Inclusion of the State con.
stitution, but understood that the laws
compiled as they are would make a very
voluminous work. He said that it was
very seldom that Justices OF the Peace, for
whom those statutes We're intended princi-
pally, had anything TO do with the consti.
tuition OF the State. IL they had, they
could only refer back to the acts of 1928
or other compilations, wherein it was con-
tained. He also inquired of the friends Of
the bill its exact scope.
MIR. Donehoo thought the Senator should
not have the doubt in his mind he seemed
to have. The proposition involved in the
bill was that Mr.. Kelly published the laws
of the State, without reference to when
they were passed, putting them in one
solid form.
Mr.. Samples hoped the amendment would
not prevail. He referred TO the advantage
of having one volume, which contained
the extra laws of the State, their bases, the
State and Federal Constitutions in one
volume, which dispenses with the necessl-
ty of having large library in order to
command the law on any particular SUBJ
ject.
Mr. Donehoo said the amendment OF the
gentleman from Tyler was vain, unless he
proposed to follow it up by further
amendment, that the cost OF the volume
should be reduced. He was opposed to the
amendment on principle, because he
thought those things ought TO be published.
The constitution of the State was not pub
lished for the benefit OF justices Of the
peace, as intimated. 1t was published for
the benefit of the lawyers of the State, for
the people of the State, who look to the
fundamental laws of the State for guidance
in legal matters, and for the judges of the
State, both of the Supreme and Circuit
courts. The Constitution of the State
ought to be like the book of Psalms or the
old Westminster chatechism. 1t ought TO
be published over and over again. He was
surprised at any gentleman getting upon
the floor, particularly a Senator belonging
to the advanced party OF reform and intel
ligence, and opposing the printing of the
Constitution of the State.
Mr. Dawson said he was in favor OF print
ing the Constitution Of the State, tnat OF
the United States, the Declaration OF lnde'
pendence, etc.
Mr. Smith, OF Tyler, who had previously
affirmed his willingness 10 Include the
State Constitution, upon suggestion, modi'
fed his amendment to that effect.
The amendment was lost.
Mr.. Donehoo desired 10 amend by strik'
ing out the words 'and constitutional
amendment" He said that he did not be-
lieve that
A Similar State or Affairs
existed in any State IN the Union, and not
in West Virginia, before this tIme. They
had constitution which had been In ex'
istence for more than two years, and never
in aEy shape or form had that constitution
been printed as awhole. 1t existed ia
piece meal. You will find part ot our con-
stitution in the acts OF 1873 and IL you
wish to find the amended constitution, you
mrlst refer TO what? To any statute in the
State-to any compilation by any author.
ity OF this State? No; you must refer TO a
constitutional amendment, embraced in a
Joint resolution OF the acts OF the Legisla.
ture of 1879, and il Is remarkable fact
that the constitution OF the State OF West
Virginia exists nowhere, printed as q
whole. Not even has newspaper enterprise
been sufficient to supply this omission. |
propose to strike out the words
Constitutional Amendment.
so the constitution, as it exists, will be
printed. 1t is nonsense TO speak OF print
ing the constitution and the appendage 10
it. desire the constitution, as 1t is TO be
printed, as whole" ..
Mr.. Don nehoo's amendment was adopted
almost without dissent.
Mr.. Smith, OF Tyler, moved to pay IS a
COPY. ins tead Of IS.
Mr.. McGrew moved to amend the Tyler
Senator's amendment by making the COM
pensation "a volume. ..
The hour OF II having arrived the Presi.
dent announced IL was TING for the Legis-
ture anent the United States Senatorship.
The following was the order OF the pageant:
The Sergeant at Arms, the President and
Clerk, the Senators arranged in pairs.
After the joint session and the return Of
the Senate, consideration Of Kelly's amend
ment was resumed.
Mesers. Dawson and Price suggested thsi
it would be premature to settle the prict
OF the copies before their contents wer,
definitely determined. '. -
Mr.. Price did not know that the pub
lishers would consent TO any reduction II
the price, if the statutes remained as com
prebensiye as they were In the Dill.
certain portions we're excepted, he did no
know but small reductioo might be con
ceded. s s
On motion Of Mr.. McGrev, the bill va
made the special order Of the day for thi
| morning at IL o'clock.
On motion of Mr.. McGrew the Senat
adjourned.
Squibs-
Yesterday morning vas as bright as .
summers day in the Senate chamber.
The gallantry Of the Senate towards II
fair visitors Is not monopolized by th
younger members Chivalry does not d.
crease in inverse proportion ~ age IL
cresses by any means. Ett. 80
At the request of Mr.. Smith. Of lyle,
| the REGIsrER states that the object Of h
speech Monday. was not to create an
invidious comparisons between, his Di
trict and that Of the gentleman from Ca
| houn, but TO claim equal consideration fc
his constituents, to that asked for those
Mr.. Hays
Some objection was made to accepting th
courtesy OF free ride to fhe penitentiar
from the hands of the Board. It wss int