Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-07-07
GOV. WILSON'S ASSESSMENT ORDER.

COY. WILSON'S ASSESSMENT ORDER.
Taxation is a species of legislation that is
sui QeaeriS. The legislature has authority
in our State TO impose taxes, and without
that authority of the legislature there can
be no taxes properly imposed. II the legls-
lature refuses to impose taxes that may be
required by the Constitution, where Is the
law. Constitutional statute or common, that
authorizes the Governor to impose these
taxes?
Ii is anomalous and unfortunate that the
legislature, the representative OF the peo-
pie, after having taken an oath to support
the Constitution in the exercise OF their
undisputed duty and authority, should de-
Hberately say that certain property
shall not he taxed, and the Governor
man, whose office has nothing to do with
taxation, should say this property shall be
taxed. True it is the duty of the Governor
to take care that the laws be faithfully
executed" Does this mean that 1t Is the
duty of the Governor to carefully examine
every law and if he finds any that he
deems unconstitutional, issue his order to
the people to disObey such act of the legis-
Ellllts lutkt II u oANNANS "hANA $50
county jurisdiction of crimes committed
within one hundred yards of the county
line. This law is unconstitutional. Dld
the Governor regard his sworn eonStltu-
tional duty to carefully execute the law
when he failed to hunt out this I'M
constitutional statute and issue
his order to the people requiring them to
disobey this act of the Legislature? Ii the
Governor may require taxes to be collected
which the Legislature say shall not be I'M
nosed. does not the same authority require
him to impose thirty cents on the hundred
dollars of taxable property, il in his opln-
ion that amount should be necessary to
enable him to take care that the laws are
faithfully executed, although the LeGlsla-
ture fixed twenty cents on the hundred
dollars as the amount to be assessed!
Where is the limit to the Governors power
of taxation so long as he is of opinion the
constitution requires what he may WISH 10
to do?
Ifthe Parliament Of England should en-
act that certain taxes should not be I'M
posed, and the Queen should order that
those taxes should be assessed and collect
ed. what would be the consequence! III
the Reichstag of Prussia should prohibit
certain taxes from being imposed, the iron
Emperor William and the great Bismarck,
who believes that the King rules by Divine
RIGHT would not dare to order the act oil
the act of the Reiehstag should be dlsre-
garded. In our own West Virginia the
Governor did what no European monarch
would dare to do.
II does seem to me that the Legislature
alone would have the power to impose
taxes, and if the oath of the members oil
the Legislature does not compel them 10
obey the Constitution, 1t surely would De
dangerous to give one man, who takes the
same oath. the power to impose taxes, III
the ninety-one members of the Legislature
disregard the Constitution. what reason Is
there To believe that the one Governor Will
obey IL. Governor Wilson shows thai ne
il a loyal. patriotic, consistent citizen, when
he says that this question of taxation be-
I limos TO the Legislature. 1t Is their pre-
r~oGltiye To impose taxes, and for the man
par they do so they are accountable to the
~DeoDle. / cannot stretch my preroSatlVes
IN imnose taxes which the Legislature says
sbaU not be imposed" 1t is curious tnat
the LEGAL gentlemen and the press that suS-
t,ined Governor JacksOn'S assessment or
der haze not uttered q word Of eondemna,
tiop AGAINST the Legislature thai enacted
the lin their opinioh) unconstitutional ex-
emntions. and have brought no pres
sure TO bear upon the Legislature 10 re-
neal the supposed unconstitutional eNemP
tioRs. 1t is curious that the President Oh
the Senate, Who believes that the Constlto
ton requires dall property to be taxed,
and that the exemptions IN the Acts OF
ISS1 are unconstitutional, yet deliberate
" devised the act changing the time iOl
assessing taxes from the first OF January
IN the LIST of April, and put this act through
the Legislature for the vowed purpose o
evemptipg farm products from taxation
and vet ne believed the Constitution re
ouired these farm products to be taxed
Mill the REGISTER allow nae TO say I'M
! Looks like whipping the devil around
stump"
Nv p~osition is that the Governor has M
authority to impose taxes which the Leg
~;sIature saw shall not be imposed, eyel
tbouph the Legislative exemptions are IN
constitutional. But are these exemption
embraced in the Governors order uncoh
90 ~ LA ~ ~ - 49,
s+itutional? The constitution OF 1865 pro
vided. 'sTaxatiOn shall be equal n uni
form throughout the State, and all prop
D erty. both real and personal, shall d axe
in nroportion to its value, to be ascertaine'
s as directed BY law" and yet the Legisla
! ture of 1853, whose members were swor
! 10 support this constitution, and many {
whom were members Of the constitution
Convention, enacted these exemptions
. The constitution Of 1917 enacted the sam
provision on taxation, and yet the Legisia
fsTa-3 in which we've also members OF tn
n Constitutional Convention, enacted the
= exemptions; and, again, the Legislature {
y 1881. which had in it the ablest n De
= men in the State again enacted these e1
emDtions. and all this time not q sing
Question was asked BY Governors judges
= lawvers' farmers members OF eoE
\ stitntional Conventions or an
: one else as to the cOnStitutionahty Of the'
4 EXEMPTIONS, and yet now the press an
: some AZ our lawyers tell Us that these e
empfions are plainlya uaeonstltutiona
: and 10 say that YOU don't see the une0nsi
Il fa~fioualify az these exemptions Won
,o,s.. ~, n ha hooted down and langns