Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-03-04
ONCE AGAIN
Tie Supp'sn entail Tax Assess
msnt Order
DISCUSSED BY A CORRESPONDENT
Who Cannot See That the Const tuition of
the State Furnishes Warranty for
Such Course on the Part
Of the Governor,
To the Editor Of The Register.

FOURTH DLSTklCE, w. NA'i HOOA OoAy -~'
lsS4.-The assessor is once more busily at
WORK, and in some instances listing prop
erty ne yer before listed, comprising much
proyinder either fed to stock during winter
almost unprecedented for its severity, or
swept away by a destructive f)od. The
fiat has gone forth that this thing must be
done, not in d suance OF statute, bat
what is known as the memorable assess
ment order, based upon the decision OF
railroad case which has not been finally
disposed Of. Bat the farmer is iysSy. ,coaS.
placently told by those who have no inter
est in the matter, and for that reason fail
10 appre ciate his situation, THAT il he feels
spgrieyed he his remedy" In the light
O: the past an appeal to our court as at
present constituted would seem absurd.
The privilege Of exemptions incurred by
the law belonged to the people, and should
not have been taken from them without
The Ciearest and Most Indisputabie
authority. Even legislative action, farther
the legislation that would be necessary to
submit to the people en- amendment to the
Constitution would be eimpropsr. While 1t
msy be competent for the Legislature to so
amer the law as to make it conformsble
10 the decision in question, such action on
the part of that body would be little short
Of usurpation after the Constitutio Hal Con.
vention had adopted a provision OF the old
Constitution which had so often been In
terpreted by the law makers OF our state.
IL Constitutions are 70 be regarded as sacred,
certainly the action of the ConVen-
ton in the light of this Interpretation
would hardly be less so, otherwise II
would be in effect accusing the convention
of having deliberately perpetrsted fraud
upon the people. The Legislature In en-
sctipg the law OF 1881 wss but following
line OF precedents, anu the law once pro-
muIgated is the law still until repealed,
the higher law doctrine to the contrary
Notwithstanding, for, il laws are not bind
ing, they lack the essential requisites Oh
law. If this assessment order was simply
a brutum fulmen, it might be passed over
in silence, but people will very properly
demonstrate against sn act which author
ICES the taking of money out of.their pock
etbooks for public uses,
Unless Fully Warranted BY Law.
During the debates on taxation in the
convention distinguished member asked
il the Legislature should persist in making
exemptions in the face OF constitutional
provision TO the contrary where would the
authority come from to coerce Legislative
body; ana yet authority has been found,
il seems, TO coercs, not only Legislature
but also the people.
1t is no uncommon thing for men to seek
TO excuse false step in statesmsnshlp by
endeayoring to show that the bluldeT Will
ev,utuate IL happy stroke OF policy. For
instance, We are told that the Wheeling
Nail and Glass Works have been maie to
ST ell out to the tune Of many thousands,
while down in Summers County, according
10 the Mountain Herald, slaves have been
found from which the sum Of 5000 was
rsked, and thereupon the county levy Vas
lowered from 9j-cents to 6S cents on the
800; and might 60 on e. great length to
show what others are aoil :, while the poor
fsrlner understands that this little
amusement e, is doing him no good, that
he is paying more taxes, and will continue
| TO do 20, as the State tax particularly is
about
A. Low rs 80 VIII Ever BE.
Precedeurs and auth rites. have been
piled-one upon another, and even an effort
| has been made 10 render available the ut
| teranCes Of distinguished hired attorneys
in important cases to Justify this lnterier
erCe with a coordinate branch OF the Gov
eminent, and the very nearest representa-
i've agency Of the people. But this
s ali in vain, as very plain
people with poor opp pttnnites in
lie for scqriring knowledge, learn
| sometbing OF the fundamental principles
| Of government, have their own ideas upon
such subjects, and are governed accord
irgly.
Now when the hardy yeomsnry Of the
| State have such distinguished backing as
| Hon. q. J. Faulkner, one of the finest con-
| s,itutional lawyers in West Virginia, they
may rest assured that they are not far (J
| wrong. But the Putnam Democrat, for
| instance, being satisfied with the assess.
ment order says that any one with q
"thimble-full of brains knows there is
Nothing In this Controversy"
| On the other hand, as Mr.. Faulkner says,
"there is gusge the Democrats language
| will hardly (?) apply.
| THE WHEELING REGISTER announced
early in this controversy that this question
was in no sense q tenet OF Democratic or
| Republican faith, that it was question
upon which members Of either political
| party might differ without their party
fealiy being questioned. The position was
right, and the REGISTER deserves great
credit FOR its fTmness, situated SIS 1t is 80
nesr headquarters.
The act unGer discussion was the act Of
Individual, and not the act OF the De T.
ocratic party, and do most earnestly pro-
test sgainst this effort 10 drag the party
:3to this controversy. The party will become
responsible for these acts only by al in
dorsement Of these acts themselves by q
State convention, or by the nomination to-
State positions OF those who are known TO
| favor this assessment order.
The action Of the National Democratic
committee will soon be followed Uy similar
action 90 part OF the SLate, ami C0uHty
committees and when the command is
given to Democrats to prepare for action,
Let the People of Every NeiGhborhood
see that they are represented from the
State convention down. This thing OF ar
attorney or professional politician going TO
q convention with his own county, and a
number Of others in bis pocket to trade of
TO the best advantage is almost enough TO
disgust Dc tople with the whole convention
system, and this will always be so if far
mers will not look after their own interests.
Above ali, let the farmers see TO it that
delegates are chosen TO the legislature who
sre able 10 maintain their interests, and
in the language Of the Berkeley resolutions
If they cannot be main tanned under the
constitution, asit is now written, that they
be instructed to submit an amendment To
the constitution that will carry out, with
ont controversy, the practical constru otion
| of ihst provision of the present constitu'
ton which. has been acquiesced in by Vir-
gipis Npd West Virginia ever since that
Srd similar provisions hsve been 9 part
of tie fundamental law under which We
have lived"
| t.