The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-04-24
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supplemental ,tvssmsnt-GaVe "''soH
Upsuts Governor J4cksou'

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Upssts Governor Jackson
Three years alter Governor Jackson's
famous decision that the exemption laws
Of West Virginia do not exempt after
Auditor Miller Issued instructions to the
game effect to the AEsetsorsi after the su-
pteme Court lodged the constitutional
question, but found time 10 fine the INTEL
LlGRNcRR for contempt after some oil the
Assessors obeyed the executive order and
some did not alter some Taxpayers have
uaidtsxes on the exempted property and
some have not,-aiter all this Governor
wilson declares that the exemption law ID
good until declared invalid by the su'
preme Count. n
Governor Wilson's reasoning lsso senst'
: bic and 80 strsng that 1t cannot be over
thrown, Tie law may at some time be
declared unconstitutional, but this will.
not happen until we have II Supreme
Court with the courage to face the qusa'
ton Equarely. Until that time the act Of
the Legislature is tie law, US 1t has been
since the State has had being. The
Governor has no more right than the
humblest citizen to declare IA act ott1sgig-
ls!ure invalid. HO 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 boundto obey the Audi
tlt in preference to the law,
There has never yet been u decision de-
Claring what tax payers must do in the
promises. In tho Chesapeake and Ohio
case, relied on b. the Jackson admins
%tratlop, the question so easily decided by
an executive order was not before the
court at all. In the case Of the Auditor
vs.. the Assessor Of Brooke county, cooked
up to let the State administration out,
this was the II great question before
tho Supreme Court. But those were
troublous times. A campaign Of great
Importance was at hand. The supple
mental assessment order had been de-
nounced from II end Of the State to the
o;heras an arrogant uanrpation Of authority
to extOrt money under fake pretenses.
Republicans and Democrats joined in in-
dignatIon meetings. SO eminent a Demo-
Crst rs the late Charles James Faulkner
reminded the Governor that q king Of
England lost his head for less cause.
All this was CALLING. The Democratic
politicians were apprehensiVe. Four Of
those Democratic politicians sat on the
Supreme Bench, and they we're aa appre.
heuslve as the rest. They Cudgeled their
brains to fud a way out for the Admins.
ttation. They found it in u point Of their
v invention. Nobody was more sur
prised then the Auditors counsel, who
had expected q favorable decision, but on
quite different grounds. The point OF the
decision was that the Assessors must dis.
regard the law and assess property exempt
by law, because the Auditor 10 directed
aud the Governor had interpreted the Law
for the Auditor, The real question in
controversy, the constiIutionality OF The
law, was lodged, for reasons purely politi-
cal and partisan.
Governor Wilson plants himself just
where Republicans have stood since the
supplemental assessment order was Is.
sued. That is 10 say, he knows OF no
power but the Supreme 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 never
bsen done. Hence, 30 far as lie can in-
fluenCe the result, the exemptions will
stand.
This upsetting Of the order OF his Demo-
cratic predecessor may make some trouble
in the Democratic camp, but the people
will commend the Governor for switching
the executive power back on the right
track. Governor Wilson has restored 10
the people q power usurpod by his prede.
cessor with the scandalous Conniyance Of
the highest judicial tribunal in the State.
He Is on the popular side Of this question
aud the side that is incontrovertibly right.
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