Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1886-04-25
GOV. WILSON'S ORDER.
Opinions of Ex. Gov. jackson, Judge Okey
johnson and Others.
"A. S.,.y,, p..y.t.-

! Special 10 ne Sunday Reoiar.
PARKERsBURG, April 24.-The order is
sued by Gov. Wilson to the Auditor o
State, commanding him to require the As
SCISSORS to ignore the Constitution and obey
the statutory law of the Code Of West Vir
ginis, sec. 43 of chap. 29, has created a
great deal of comment and talk in politica
circles. Comment is as varied and reliable
as the opinions Of old Mrs. Nickleby. II
is believed by not few that the order is
but the outcome Of long train of political
maneuvres by the Republican campaign
committee, who have recently undertaken
to colonies the State with Republican edi.
tors from Ohio. 1t is believed that the
communications alleged to have been re-
ceived by Auditor Dufy were sent only
under manipulation of shrewd Republican
managers in order to create diseension
among the Democrats.
Ex-Governor jackson appeared to be
somewhat oisgruntled over the action OF
Gov. Wilson. Iu conversation with seve-
raj gentlemen he had this to say:
Governor, what will be the effect, polit-
ically, OF Gov. Wilson's order of reverssl2'
II don't believe it will make any mate
rial difference in politics"
What is the general opinion Of the re-
assessment order2'
1T is generally recognized that Sec. 43,
Chap 29 Of the Code is unconstitutional,
and that my order was proper, just and
right
What has resulted from the order issued
by you, if anything, toward beneftiDg the
StateH
while in few counties the order was
disregsrded as TO the assessment of farm
products, manufactured m articles, ETC., yet
it has been the means OF bringing to light
q great deal of assessable property which
had not Heretofore been assessed. In one
district alone in ksnswhs county over
so, 900 worth Of personal property was
given in to the assessor which never had
beea assessed before. And in a great
many counties the Auditors instructions
were recognized and property assessed in
accordance there to.
Judge Johnston was found in Hills ho-
tel and cornered by your correspondent.
The Judge seemed rather sverse TO talking
aaout the affair, but aftsr persistent inquiry
gave an account OF the msndsmus case,
and the decision Of the Court in reference
thereto in the following words:
Gov. jackson issued an order in 1883
to the Assessors Of the State, or rather to
the Auditor, to disregard Sec AZ OF chapter
29, of the tax law, exempting farm pro-
ducts, manufactured articles, &c. One
Buchsnnon, Of Brooke county, refused to
obey the order |he Auditor asked the
Supreme Court Of Appeals for msndsmus
to compel him to obey the instruction.
The Court Issued msndamus on the
ground that the 4ssessQy was mere min
isteriaI oihcer and could not
rsigs a question of the constitution
ality.sof the act; that the Governor
under the Constitution. had a right to give
because it was tor him to de-
eide whether the act wss constitutional or
not, as be was bound 70 'aes the. the laws
:. ere faithfully executedT
Then The Law was never repesledY'
"No; the Legislature refused to repeal
it"
well, Judge, is Governor Jackson's re.
assessment order constitutional Ct aotE
As ar, 4euber OF the Supreme
Court, and in view Of the fact that that
question may at some time come before
Court, / could not reply to that question"
OF course the Judge was right in not Civ
ing en- opinion under the circumstances.
A Republican State Senator when asked
a short time ago Ehy the Republicans in
The Legislature did not aid in settling the
validity Of the question, replied:
I'VE expected Governor Wilson to re-
woke the resssessment order. and at time
when it would do us the most good
Several gentlemen expressed an opinion
that the case of the c & o. Railway vs.
Auditor Miller had settled the matter, and
that Gov. Wilson had shown considerable
mental agility in vaplting over that
thorny hedge, they claimed that if the
Governor had doubs upon the constitu'
tionality Of the decision he had no right to
say il was unconstitutional.