Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-23
THE NIElllGENCER


-
publiean Luminary shows Its Iaeoa.
sistency.
To the Editor OF the Register.
My attention has been drawn to q lead.
ing editorial in Tuesdays lntelligencer, ef.
fusively endorsing the views of "A Young
Foey," and only resretting that his nsme
had been withheld from the public. How
the name OF the writer could by any posi-.
bility add.to the strength Of the argument,
am unable to conceive. When articles
are free from personalities and devoted
simply to the discussion OF public meas
ures, it recks little as to the name OF the
author On the other hand, good taste
would seem TO suggest that q private citi-
zen. thrusting his name before the public,
relies for the effect OF his article rather
upon the self assumed importance OF his
name than upon the genuine merits OF his
argument.
But the editorial referred to
Possesses One striking Feature.
NhGtite dIcw'-it is not paragrsphic. This
is unfortunate. For wherever the editor OF
that journal attempts the novelty (tor
him OF giving his views IN Grenso, he
spreads il thin
1t is somewhat surprising to hear that
the lntelligencer has all a,ung fully con
CURED in the views expressed by "A Young
Wien, pray, ava HN5ourn1r-Svs. ad.
NIT, directly or indirectly, that the iSd
section OF Ch, II Of the Acts OF 1881, was as
q matter Of fact, unconstitutional. A
E.N 10 lp ipNik IA = u
q daily reader OF the lntelligencer, our
memory fails TO recall single paragraph
favorir such view. We may have over.
looked it.
The Evening Journal, few evenings
sgo, d d substantially take tha; view, and
while in measure relieving the State ad-
minisrrstioa from intended usnrpstion,
threw the chief blame where much OF II
certainly belongs on the ineScusable and
insxplicable timidity Of the Legislature OF
1888.
But the Intelligencer, in every reference
% the subject, has confined its attacks TO
he Governor and State Administration Tor
executing, as il claimed,
An Oppressive Measure
under the mere subierfuge that The act in.
hihiting it was unconstitutional.
Now. il "A Young Fogy." in admitting
the eXeiCptlOn ACT uUCOlSl tu'lOHhl, III huSN
also admit, that is the duty o the Courts-
inferior, or superior, To pronounce II such
whenver fairly brought TO their attention.
1t is not 10 he supposed that "A Young
Fcgy" is desirious of having an unconstI
tutional law executed. His objection tone
in which would fully concur, were his
premises correct rs matter Of iactlis the
great danger arising from any attemp! OF
the Executive, independent OF the Courts,
10 treat sn act OF the Legislature unconsi
,utionaI, after the same has once formally
been adopted and approved When one
branch Of the Government thus usurps the
factions Of a coordinate branch. IL Is easy
to see, that such usurpstiCn unchecked
NAV lead to revolutionary consequences
of a dangerous and violent character
But the point ! make is that when the
Executive conscientiOusly believes that the
Court has passed on the
ConstiiniionaIity Of y Given Law.
and entrenches his convictions behind
clear and unequivocal expressions Of the
Court to that end-no one can with any
fairness accuse him OF usurping the powers
of the Court. He must in such cases be
regarded rs yielding obedience to the man
date Of the judicial power, and not as op.
posing or usurping that power.
Such has from beginning to end, been
Governor Jsckson's executive c)urse ~ to
the Revised Assessment,
Az OIp lrrN.