The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-02-05

HAVE WE A MONARCH.
Gx.Govern0r ri. rpomt Discusses the Re.
asScSsmeat Order Of Gov, Jnck, on.

Gx.GovernOr ri. rpomt Discusses the Re.
ns>cssmcat Order Of Gov. Jnck, on.
To The Editor Of The Inteuirencer.
slR:-The Instructions OF our Auditor
to the commissioners to assess property for
taxation which has been exempted by
law has led me to Investigate that aubjecL
| will give you the rssalt, to which I call
he careful consideration Of your readers
The people in this country have care
fUlly guarded their liberties BY bills OF
rights and constitutions. The power o.!
ur State government III divided aud az
signed TO three departments: "L+gisla!iyc,
Executive and Judicial"
They shall be separate aud distinct, 80
that neither shall exercise the powers be-
onsing to ei!her.ot the others, nor shall
my person exercise tie powers Of more
than one OF them ut the sams time, excep,
Justices of the peace may be eligible to
ms legislature" See con. in acts W.
Va, 1872 Is, art 5, p. II.
THE Legislature shall pass all laws ne
cessary to carry this constitution into ef-
fect.' Id. sec. %, p. II.
THE chief executive power shall be
vested in the Governor, who shall take
care that the laws shall be faithfully cx-
rcuted." ID. sec. s, p. 90.
Tue Governor is required 10 write mes.
sage 10 The Legislature, AMI can grant par.
ions in certain cases by tho constitution,
out all his other executive acts are regula.
ted by law. lie has a limited veto power;
all acts ct the Legislature Tire submitted to
nim for approval; il he approves hs returns,
II he does not approve no returns to the
Legislature with his objections; majority
Of both housts may pass il, and it becomes
II law. In the approval, or disapproval, OF
bill. is the only opportunity the Governor
ever has to exercise u constitutional prero-
yatiye. A law once passed, !! is bis duty to
zee that it is executed, il 1t has any rela-
lion to executive duty. The power OF the
Judiciary is purely judicial. The courts
can declare q law Unconstitutional, and
annul law, but there their power stops;
they cannot make or amend any law.
' TAXATION AND FINANCE.
"First, taxation chad be equal and uni
form throughout the State, ind all prop
erty, both real and personal, shall be faxed
in proportion 10 its value, to be sscerta lined
as directed by law. No one SPECIES OF prop
erty from which tax may be collected
,hall DO taxed higher than any other epe-
cies Of property Of equal value" Public
property, &c, may be exempted. Sec. ib.,
Sec. !, page 81.
This article in our constitution is an ex-
act copy from the constitution OF 1853
The first sentence concludes thus: ITO be
ascertained as directed by law" The Sec
ond sen:ouca in the section explains the
meaning Of the first; it aays: mo one
species OF property, from which O tax may
be collected, shah DO taxed higher than
another species ofproper,y Of equal value"
II you strike out the words, "irom which a
tax may be collected" in the second
sentence, the second sentence isa rehearsal
OF the first in other words; and ia sur.
plusage and useless. Without this clause
from which tax may be collected" the
first clause covers the whole ground.
Taxation shall be equal and uniform; all
prop9l'y, both real and personal, shall be
taxed IN proportion to It's value" There Ia
no shade Of idea in the second sentence
that is not as clearly and intelligently ex.
pressed in the first. But when you add
the clause "from which a tax may be
collected" in the eeeond sentence, it be.
comes full Of additional meaning. The
Legislature WAS to direct by law how the
value Of the rial and personal property was
- ha ascersained. II wa3 as well known
then as 1t is now that II was absolutely
necessary to make exemptions. Hence
the words, (which may be taxed" in the
acond sentence, refprs to Tho words "ascer.
tanned as directed by law" in the first
sentence. iI,t ..s