The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-11
Supplemental Assessment Case.
How tho Snprsni. Court Came to Set Up the
Governor rs an Executive Court,

How tho supreme Court Came to Set Up the
Governor rs nm Executive Court.
The case Of Miller rs. buchanan, the pend.
ency Of which afforded the Court Of Ap.
pcals Il prcteXt TO punish the e,itor and
publisher OF the InitlliySncer arose in
this way. The State Treasury was In
great need OF money, md the Legislature
had refused to require the assessment OF
agricultural, mechanical and mineral pro.
ducts, which had always been exempted.
The Governor, encouraged by the promises
OF three Of the Judges OF the Court OF APP
peals, which were made US stated in the
Grtenbrier lndpendent, undertook to legis.
late 80 rs to secure the taxation OF those
products. Ut must be remembered that
the Governor Ind voted for these exemp-
tons when q member Of the Legislaturein
1876, and had in 1851 approved an act con-
tainingthem). lie a,ldressedtotheA Auditor
letter in which he said: ~, therefore,
deem Tiny duty under the Constitution, the
Legislature having failed to amend said
act so Is to make it conform to the Con-
stitutiOn, to call your attention 10 said tie
cisioR, and to request you in your iRstrHe-
tons to the Assessors OF taxes in the sever
al counties in the State, to assess and re-
turn NIL property for taxation, except the
property exempt by the Constitution, and
not exempt from taxation any property in
said section ~, chapter > Of the Acts of
1851, not covered by the Constitutional ex-
emptiOn."
The Auditor issued instructions to the
assessors accordingly, although the assess
ment law only requires the obedience of
the assessors to such OF the auditors in
strnctions rs are according to law.
this action at once aroused Indignation
among people OF all parties. It is desir-
able that on the day OF election the people
shall remember and carry ont the deter.
mination they reached ut time when
their minds We're not swayed BY the ex-
element Of Il political campaign and when
they feel free 10 act and speak for the best
material interests OF the State. This pop.
ular feeling WAS perhaps most clearly
manifested At Il meeting OF the citizens OF
Berkeley county, held February ., lSS4.
The Iscrkriey Farmers Resolutions.
The meeting was largely attended. The
resolutions were drawn by thatlistinguish-
ed citizen, Hon. Charles James Faulkner.
They SET fOrths
Iu1hfu, FlISt-lil ul TUE constitution
OF this State vests in the Legislature the
exclusive power OF taTdtiOn-a power in
express terms denied to both the cxecu.
tive and judicial departments OF the Gov.
eminent, and which would he incapable
Of being delegated to either oil them, even
il the Legislature thought proper TO do so.
Fourth-That the agricultural interest
Of this State is entitled, from its vast i'm.
rortancc TO our general prosperity, from
the numbers engaged in it, and its equal
diffusion over every portion of our terri.
tory, to have fair hearing OF its rights
before the proper tribunal Of this State,
before an exemption for its benefit,
which has existed and been enforced un-
der every Constitution with similar PRO.
visions under which We have lived ior the
past thirty-hve years, shall he suddenly
treated rs null and void by any executive
or ministerial officer OF the State.
Fiith-That while We have the most
unbounded confidence in the honest con.
yictions, high integrity aud patriotic mo.
lives OF the Governor, all are forced 10 the
conclusion that his order TO the Auditor
Of the 26th OF February, lSS3, was in itself
al assumption oil Legislative power; nor