Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1886-05-01
supplemental Assessment Cover
nor Wilson Upsets Governor
jackson.

Three years after Governor jack
sons famous decision that the ex-
emption laws of West Virginia do
not exempt; after Auditor Miller is
sued instructions to the same effect
to the Assessors after the Supreme
Court lodged the constitutional
question, but found time to fine the
intetliyeacer for contempt; after
some of the Assessors obeyed the
executive order and some did not !;
after some taxpayers have paid tax
es on the exempted property and
some have not,-after all this Govern
orWilson declares that the exemption
law is good until declared invalid by
the Supreme Court.
Governor Wilson's reasoning is so
sensible and so strong that it can
not be overthrow. The law may at
some time be declared unconstitu.
tlonal, but this will not happen until
we have Supreme Court with the
courage to face the question square
~. Until that time the act of the
Legislature is the law, as it has been
since the State has had being. The
Governor has no more right than
the humblest citizen to declare an
act of Legislature invalid. He has
no right whatever to command the
Auditor to disobey the law. Before
the Supreme Court decided to the
contrary it was supposed that the
Assessors were not bound to obey
the Auditor in preference to the law.
There has never yet been de.
cision declaring what tax payers
must do in the premises. In the
Chesapeake and Ohio case, relied on
by the Jackson administration, the
question so easily decided by an ex-
ecutive order was not before the
court at all. In the case of the Au-
ditor VS.. the Assessor of Brooke
county, cooked up to let the State
administration out, this was the one
great question before the Supreme
Court. But those were troublous
times. A campaign of great impor-
lance was at hand. The supplement
tai assessment order had been de-
nounced from one end of the State
to the other as an arrogant usurpa-
ton of authority to extort money
under false pretenses. Republicans
and Democrats joined In indigna-
ton meetings. So eminent Demo-
crat as the late Charles James
Faulkner reminded the Governor
that a king of England lost his head
for less cause.
All this was CALLING. The Demo-
cratic politicians were apprehensive.
Four of those Democratic politicians
sat on the Supreme Bench, and they
were as apprehensive as the rest.
They cudgeled their brains to find
way out for the Administration
They found it in point of their own
invention. Nobody was more sur
prised then the Auditors counsel,
who had expected a favorable de-
cision, but on quite different grounds.
The point of the decision was that
the Assessors must disregard the
law and assess property exempt by
law, because the Auditor so directed
and the Governor had interpreted
the law for the Auditor. The real
question in controversy, the consti.
nationality of the law, was lodged,
for reasons purely political and par
tlsan.
Governor Wilson plants himself
just where Republicans have stood
since the supplemental assessment
order was issued. That is to say,
he knows Of no power but the Su-
preme Court that can declare an
act Of Legislature null and void, and
IN the matter of the assessment law
he declares truly that this has new
er been done. Hence, so far as he
can influence the result, the exemp-
lions will stand.
This upsetting of the order of his
Democratic predecessor may make
some trouble in the Democratic
camp, but the people will commend
the Governor for switching the ex-
ecutive power back on the right
track. Governor Wilson has re-
stored to the people power usurp-
ed BY his predecessor with the scan
dalous connivance of the highest ia.
dicial tribunal in the State. He is
on the popular side of this question
and the side that is incontrovertibly
right.-Intelligencer.
" Johnny" SAID Mr.. McSwilligen
Lot ,,incl.t Il l.