Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-04-26
GOV. WILSON'S oRDER.
Opinions OF Elk. Gov. JAG kson, Judge Okey
johnson and Others.


Special 10 ths SpHday Register.
PAREERsBCRG, April 24-The order is
sned By Gov. Wilson to the Auditor Of
State, commanding him to require the As
SCISSORS TO ignore the Constitution aud obey
the statutory law of the Code Of West Vir'
GINA, sec. 10 of chap %. has created
great deal of comment and talk in political
circles. Comment is as varied and reliable
as the opinions Of old Mrs. Nickleby. 1t
is believed BY not few that the order is
but the outcome OF long train Of political
uaneuvres BY the Republican campaign
committee, who have recently undertaken
TO colombo the State with Republican edi-
tors from Ohio. 1t is believed that the
communications alleged to have been re-
ceived By Auditor Duffy were cent only
under manipulation Of shrsgd Republican
managers in order to create dlseenSIon
among the Democrats.
Ex-Governor Jackson appeared to be
somewhat oisgrnntled over the action OF
Gov. Wilson. In conversation with seVe-
raj gentlemen he had this to say:
Governor, what will be the effect, pollt.
ically. OF Gov. Wilson's order OF reVersalf
Il don't believe it will make any mate
rial difference in politics
"Whar is the general opinion OF the re-
assessment orderY
1T is generally recognized that Sec. 49,
Chap. 30 Of the Code is unconstitutional,
and sat my order was proper, just and
What has rssrltar, 'rom the order issued
by yon. If anything, toward Oc~"u'I"s 'He
Slater
while in q few counties the order was
disregarded as TO the assessment OF farm
products manufactured articles, etc, yet
II has been the means OF bringing to Light
4 great deal of assessable property which
had not heretofore been assessed. 10 one
district alone in kanswhs county over
$50, 900 worth of personal property was
owen in to the assessor which never had
neel assessed before And in q great
many counties the Auditors ius' racrions
were recognized and property assessed IN
accordance there to.
Judge Johnston was found in HILLS ho-
tel and coruered by your correspondent.
The Judge seemed rather averse to talking
ABOUT the affair, but after persistent inquiry
gave an account OF the msndamus case,
and the decision Of the Court in reference
thereto in the following words
Gov. jackson issued an order IN 1888
20 the Assessors of the State or rather to
the Auditor, to disregard sec 43 OF chapter
%. of the tax Law, eXemptirg farm pro-
ducts manufactured articles, &c. One
Buchannon, of Brooke county, refused 20
obey the order. The Auditor asked the
Supreme Court Of Appeals for q mandsmus
70 compel him TO obey the Instruction.
This Court issued q msndsmus on the
ground that the Assessor was o mere min
,stsrial officer and could not
raise q question of the constitution
sEtygsof the act; that the Governor
or der the Constitution, had q right to give
instructions, because it was tor him to de-
eide whether the act was constitutional or
not, as he was bound to 'see that the laws
we're faithfully executed
Then the law was never repealed
NO; the Legislature refused to repeal
it."
well, Judge, is Governor Jscksons re- Re,
assessment order constitutional oE notf
Asian q member Q! tee 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
iug an opinion under the circumstances
A Republican State Senator when asked
a short time ago why the Republicans IN
the Legislature did not sid in settling The
validity of the question, replied;
I'VE expected Governor Wilson to re-
woke the reassessment order, and at nms
when il would do US the most good.
Several gentlemen expressed an oplnior
that the case of the c 4 o. Railway vs.
Auditor Miller had settled the matter anc
that Gov. Wilson had shown considerable
mental agility in ysnlting over thai
thorny hedge, they claimed that 1t TIM
Governor had doubts upon the eonstitu
tionality of the decision he had no right t
saw it was unconstitutional