Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-04-27

ministration Of public affairs, but ais
should proceed to determine IN every cas-
whether the Legislature has trsnscende,
its constitutional authority in the enact
msnt Of Statutes Is q doctrine that woul'
destroy snd continually invite conflict be
tween the coordinate departments, ant
such q doctrine l do not and cannot en-
terrain"
twill % seen by this extract from nj
interview the Governor differs with the 81
prems Court as to the extent Of his power
and his duties. The Court, in reaching III
conclusions as to the powers Of the Execu
tive, cited many precsdents and followed
what has been received as binding author
~ for this proposition. The Governor II
not entertaining such doctrine, virtual
" surrenders a portion OF his rerogatlVe'
The Execute, whilst coordinate branch
of the State government, is possessed Of
separate and independent powers, one oil
which requires that he shall see the Il"
be faithfully executed" and BY this Is
meant constitutional laws and none others
To perform this duty he must OF necessity
pass upon the law, and If the highest legal
authority of the State has not determined
the question for him, he must decide for
himself as to its constitutionahty.
The Governor further says: The Legs
lature in 1885 not only failed to repeal or
modify the Statute, so that this
statute remains as the latest express
sion of the Legislatures will
and Judgment, aud it Is
entitled to the highest respect from the
Executive Department" The refusal OF
the Legislature to repeal an unconsIitu'
tionsl statute does not for that reason give
il any more force or validity. The fact IL
the Legislature could not agree upon
proper amendment to the statute, although
q large msjority were OF opinion that sec
ton 43 was unconstitutional This Is
we'll known TO those who we're present aud
listened 10 the discussions in that body
upon the proposed amendment OF the IS.
sessment law. The Legislature by way OF
sfordiDg relief to the agricultural interests
of the State did amend certain sections OF
chapter %, fixing the time Of assessment
to commence on April lst OF each year, 30
that farm products Of the previous year
might be either sold or consumed before
that day and thereby exempt from taxa,
ZION. 1t WAS in the light OF the validity OF
the assessment order that this amendment
was made. 1t was so urged in the Legis-
lsture, and was so enacted for that and no
other reason. In the view of this action
of the Legislature it is fair 10 conclude IN
The language of the Governor, this was the
latest expression Of the Legislatures will:
/, is my opinion that the Governor sboald
not have written his order to the Auditor
requesting him to instruct all assessors
that the exemptions provided for IN said
section 43 must be made, and said section
enforced lust as it sands" for reasons here
in mentioned, and for the further reason
that the Auditor 10 his blanks furnished
assessors this year recognizes the correct
ness of the instructions issued by bis pre-
ds1essor as to said exemptions, which III
structious were by the people OF the State
generally, accepted as correct, and were at
This time being carried out.
fear this order will create confusion;
assessments will not be equal and uniform
throughout the State, and the revenue
thereby diminished.
As matter Of public policy think the
order wrong 90 tending to create Difficult.
ties in enforcing the assessment law fairly;
ss raising issues that were practically set
tied, and disturbing the minds OF the tax
payers over grievances that 90 not legally
exist
In conclusion, desire to say that l, in
issuing my assessment order, discharged
a plain duty imposed upon me by my oath
Of office. The order was 10 the interest OF
all the people Of the State. Instead OF op
rressing the rmer il enured to his benefit
by putting upon the assessors books
large amount of taxable property which,
under the guise of exemptions, Was escap'
ing its proportion of the burthen of govern
meut. 1t was an attempt TO relieve the ag-
ricultursl interests of the State from the
burthen upiustly 6oTpe by them and place
it on rich corporations and manufacturers,
who wers Gble to pay, but escaped taxa.
ton. To the extent that such property
zas unearthed and taxed, to that extent
were the farmers benefited and the bur
then taken of the land. The farmers
themselves while at first they were Of the
opinion they were wronged) began to see
the benefit to them of the order, and were
we'll satisfied to have it remain. What
may have been Gogernor Wilson's object in
overruling me do moi know; roF do !
care. / am more than ever impressed
with the conviction that ] was right, and
that he is wrong. l am content to leave
the matter to On intelligent public senti.
ment and to the unbiased judgment OF all
the people who are not pauderiog to poht-
zeal prtjudiees or seeking for transient
popularity. .. Z J$'EsoS'