The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-01-26

Once No.. % and q PenrteentIl strest.
TnE srArE cAp1rAL..


Some Question About Its Legal Location q
Charleston.
10 tAe Editor Of ne Iateilioaler.
SiR:-Since the formation Of the Stat
Of West Virginia It's Capital has been OF
wheels. Its still there. The same ole
truck that once rolled 1t TO Charleston anC
then rolled 1t back again is still ready iol
duty-so thought to be.
But 1t may need some repairs before the
contemplated trip Is undertaken.
The periodical agitation Of Capital-re
moyal.schemes is an irrepressible impulse
in this State, and it rolls round with the
regularity and certainty Of the planets
Another one Is upon us. This time II
comes with the force ola Manitoba wave.
II takes in not only the Capital, but the
University and probably the Asylums and
whatever public institutions are thought
to be susceptible Of transportation.
Charleston itself seems to have caught
the impulse. Having for some years re-
posed in the assurance that 1t was already
the Capitalize jure, il not dc tdcio-it, too,
Ms half inclined TO q change. Charleston
people are reported Us having expressed
themselves as not tight certain that it was
ever seriously contemplated removing the
Capital to that place, and are more in.
different about II than heretofore. It was
proposed TO send Jim Ferguson 10 the
Legislature in order TO make sure that the
removal contract would be carried out,
but Ferguson was shelved by lack OF in
terest in the Capital question. And now
Charleston is specializing as TO whether
the Legislature will not utilize her new
building as an asylum, which is claimed
to be needed in that end OF the State.
But the more pertinent audprCcise ques-
ton which will be raised in this recurring
epoch Of Capital removal agitation, will be
this:
HAS THE CAPITAL sDEEN LEGALLY LOCATED
AT CHARLESTON.
We believe that o majority OF the people
so regard IL, but lawyers,know that it has
not been legally located at Charleston.
What, then, are the legal obstacles in the
way? We propose to state them briefly.
but in a manner that can be understood
by all.
is not necessary to rccite the whole
act by which is supposed Charleston OBJ
tanned title TO the Capital. It is sufficient
for our purpose to state that it provided
first, for submitting the question ola loca-
ton to be voted on by the people, and sec-
ondly, by separate and independent sec
ton, 1t provided that when the location
was fixed and determined, "The Board Of
Public Works should procure suitable
sits on which to erect the necessary public
buildings for the use Of the State .
and in order to further aid in carrying
into effect the provisions.of this section, q
sum OF money, not exceeding fifty Lllous.
and dollars, is hereby appropriated and
placed at the disposal OF said Board.l .
The sum hereby appropriated may be
expended by the said Board either in the
erection OF new capital building, il that
should bo necessary, or in making repairs
and additions to or alterations in any pub
lie buildings which may be upon the site
acquired, &C."
1t will DO observed that this act con-
tains two separate and distinct provisions,
first, to locate capita, and second TO pro-
vide Capital buildings. The first question
was submitted to the people. The second
question, which is contained in the extract
above quoted, was not submitted to the
people.
The people were to pass upon the loca.
ton simply, and then the second provision
was intended asa kind Of after.clap to seal
their choice.
This latter provision was supposed to
furnish elements OF permahency. It was
thought that after the erection OF buildings
and tho oxnnpi;tura nf SI0 mn NJ thh