Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1886-05-04
Dan. B. Lucas.
His Yieses upon Governor Wilson'S
Exemption Order.
From the wheeling Register.l

CHARLEsTowN, April "a, 1886.
TO. the Editor of the Register In
reply to your communication of this
date, in which you desire my views
upon Governor Wilson's new assess
ment order, will state them briefly.
The principle of Equality of Taxa
ton, upon the basis of values, as en-
bodied in the Constitutions of '63 and
Up, 1 deem one of inestimable value.
1 should regret and oppose any de-
parture therefrom, even if such leg
islation were constitutional. When
we reflect that the constitutional
power to exempt the property en-
braced in the exemption of section
43 of chapter 30, of the code,
was expressly refused to the Legis-
lature, by the Convention which
framed the Constitution of Up, every
candid person must of course admit
that that exemption is unconstitution-
al. The attempt in the last Legisla-
ture to amend the Constitution in this
respect was a tacit admission that the
present law was not authorized by
that instrument. Upon the other
hand, the Legislature, after having
its attention called to the subject by
the Governor, failed to repeal the ex-
emption, and the question now is,
whether the present Governor should
direct the law to be executed as it
stands, or should persist in ignoring
the unconstitutional provision. This
is difficult and delicate question,
and have no doubt Governor Wilson
has decided it in strict accordance
with his conscientious convictions,
and, on the whole, has acted upon the
safest and most conservative of ex-
ecutive duty. He has instructed the
assessors to carry out the obnoxious
section, until repealed by the Legis-
lature, or declared imperative by the
Court of Appeals. Governor Jackson
acted under circumstances quite diff
crent, during an interregnum of the
Legislature, and did everything in his
power to evoke an early decision from
the Court of Appeals upon the con-
stitutional question. That tribunal,
however, could not decide point
which was not involved in the imme-
diate case presented, and so contented
itself with defining the duties of the
assessors to obey the instructions OF
the executive department.
The legislature in the meantime
has met and adjourned without action
upon the subject, and the Governor
has no alternative but to permit the
law to be executed, until such time
as the law-making power shall see fit
to intervene, or some citizen, repre-
senting a class aggrieved by the ex-
emption, shall have the question
properly presented to the Court of
Appeals.
There. is no party issue involved in
this matter, and 10 political capital
should be made out of it, nor ever
could have been, had it not suited the
purposes of certain minority politi-
clans, led on by Lewis Baker, to
make Governor Jackson's order n
pretext to attack him and Auditor
Miller, and the Court of Appeals.
Let us not again follow such a
foolish precedent, but let US rather
permit the subject to rest where it is,
until the Legislature shall have con-
vened, or the aid of the courts shall
have been properly invoked and OBJ
tanned. Very respectfully yours,
D.SIEI Il. LUCAs.