Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-02-27
SENATOR BYRNE.
His Argument on Constitutions
Exemptions.
CLEAR STRONG ARGUMENT.
He Says the Constitution Is Sufficiently
Explicit as to esemp-
tons,
AND PROVES ms POSITION.

Mn. PRESIDENT I'm offering the amend
ment 10 the bill which have offered, oaly
desire to make the law under consideration
conform TO what deem to be one Of the
plainest provisions of the Constitution. The
object of the amendment Is to amend section
43 Of the present law so as to abolish such
exemptions in that section as are not
authorized to be exempted BY the Constitu-
ton. 1t is contended by the Senator from
Richie, and others who oppose this amend.
ment, that the Governor OF this State 10
bound TO execute any law which is found %
the statute book though il be known BY
every body to be unconstitutional. II 10 for
that reason, in fact, that offer this amend
ment 50 that an unconstitutional law may
be repealed and constitutional law put in
its place.
Now, desire to say to this Senate that
there are many cases in which the Governor
of this State, and Of other States-in fact,
of nearly all the States-have declared
laws unconstitutional and disobeyed them.
Now, let me ask, did the Senator from Ritchie
| (Mr. Morris) and other Senators in this body
ever read the Constitution Of the Statef II
they did, what does it say? All property in
the State, both real and personal, shall be
taxed according to its value, and that that
value shall be ascertained as directed by
law. Now. put it to the gentleman (Mr.
Morrisl, what does that meanH When you
tell me, in the language OF your Consttu::
ton, that all my property, both real and
personal /, shall be taxed, and the Legis!a-
ture or twenty Legislatures pass .
law that | shall be exempt
from taxation, g that At
in direct conflict with the PLANES. language
of the Constitution put il to every
Senator on this floor to say whether such
exemption would not be unconstitutional.
say that no man can read that constitu'
ton and say that any property, under that
constitution, can be exempt from taxa
ton. other than that which is provided in
the language Of the constitution itself
Then, because the Governor Of this State de-
clares that il was his duty to support the
constitution in preference to the ststute.
he has committed n great crime, which,
in the opinion Of the Senator
from Richie (Mr. Morris), amounts to pub-
lie plunder. Why, sir, ! could give you .
thousand instances. Suppose the Legisla.
ture should provide that the Governor Of
this State, Governor Wilson, should hold his
Office for eight years instead Of four s pro-
yided in the Constitution, would you hesi-
tate 10 endorse his action IL he should 30.
clare the statute to be unconstitutional and
refuse TO hold his office eight yearsi The
language Of the Constitution on
this subject is just rs plain a.
that would be. Is there any subject
that YOU can think Of which is moro plainly
expressed in the Constitution than the lau'
puape which declares that "all property,
both real and personal shall be taxed Ii
the Legislature declared anything else
should be done in dcroga,ion Of the plain
language Of the Constitution, would Il not
be the right, as well as the duty, OF the
Governor TO declare thst the provision OF
the Constitution should be executed instead
Of the law? Does not that strike every
man-does il no. 20 strike the Senator
from Ritchie2 DO not say the Governor
should have issued that order Of his.
but say he had right to do so. believing
as be did that the law was clearly uncon'
situtional, and knowing further, rs be did,
that the Supreme Court had declared that
under our Constitution no property could
be exempted by law other than that pro-
yided for in the Constitution, and say that
the effect OF the decision OF the Supreme
Court of this State sustains him in two de.
cisions, and certainly in one dec,sion. Nov
as 10 the case Of the c. 4 o. Railroad Com.
papy having gone to the Supreme Court OF
The United States. Does the Senator from
| Il. Al ..I, m - m
Constitution Doesn't he think the Supreme
Court OF Appeals Of this State is sufficiently
compctent 10 construe the Constitution
II we haven't the court, or can not get .
court that il intelligent enough 10 construe
our own Constitution, IL We are not able for
self government, then we should 20 back 10
old Virginia, or to Ohio, or 10 Pennsylva-
MIA.
| never did defend the Governor uuder
the peculiar circumstances under which he
issued the supplemental assessment order
referred to-not particularly bat ] did de-
fend him 90 far as bis yisws were concerned
about our Constitution. In his judgment
i say be Is right and there is no living man
who has sopbisty enough TO prove 70 . sensi-
bic mind that his construction OF the con-
slitulion was not right, Since this matter
has gone 10 the Supreme Court since the
Governor has acted, and since Il bss been
| decided b, our own Supreme Court that
these exemptions are Unconstitutional,
feel bound By the decision OF the SuPrems
Court Of West Virginia and ! feel i ny
duty TO vote against any az
emp,ion and any construction which
| rIIIn.5 % ,be oondem m tiou ef him Who
ordered these subjects 10 be taxed. Il ear
not be otherwise, should derelict In my
duty-I should violate my conscience sud
my oath II should vote Otherwise 0sr
Supreme Court was right when 1t said:
"Tne Constitution Is 70 plain on that sab.
ject that we can only use the language Of
the Constitution itself because II uses
palmer terms than we Can substitute
Tor il. ] say il you be ieve the Cos
stitution does not exempt these subjects,
sou can not vote other~ise; II you DO you
violate the plainest provision Of the Cousi.
tuition and do violence to your consciencss
and your oaths-
Now, could anything be palmer than the
language Of the Constitution 'Iaxatios
shall be equal and uniform throughoat ths
State. and all property. both real and pr,
sonal, shell be taxed In proportion 70 10
value, 10 be ascertained ~ directed By lss.
No one species Of property from which
tar may be collected shall be taxed higher
than any other species Of property Of eqaL
value" Nov, what does that meant ] put
Il 10 The sense and Judgement OF members
Of this Senate II language can Be stronges-