South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1888-01-06

al pitSiSiooo Vi TUG Co&EsttutiOO or
Statutes OF any State are void ana OF
10 eff, C. unless they can be so con.
sirued as not 10 copflic, With its pro.
visions.
The Consti; ution OF tho United
States expressly provides HAT the
vacancy which happens during the
recess OF the Legislature OF any
State shall be filed by the Legisla-
tnrs at It's next meet ng. The stat.
ute of tue United States merely pre-
scribes the time and manner in which
al such meeting, tie constitutional
mandate shall be obeyed. The only
question. therefore, which can possi-
bly, arise is whether the body which
sat In pursuance or the Governor
was Legislature in the cons,i,u.
tionai sense.
II Is claimed by Mr.. Lucas that as
this body was not permitted TO cutter
upon any legislative business, ex-
cept such No related TO the eight
matters set forth in the call, it vas
no. Legislature. but was BODY de-
irving its power from the will OF tbs
executive, and SO was exertiug Q r.
tain executive. or 4uasi-executive,
function. something like that which
is exercised by the Senate in giving
its assent to the domination of pub.
lie officers.
But It seems that tins view cannot
be supported. In the first place. the
body is expressly declared by the
Constitution of West Virginia itself
TO be Legislature. In tic next
place the function which II exercis.
es in making cnsctmenis upon the
eight great subjects mentioned In the
call OF the Governor is clearly q leg
'slntive function. Among them, under
articles and 2. is the making ap-
preparations OF public money under
article 8. the regu .ating procedure in
criminal cases; under articles 5, 6
and 2. would exist til power 10 de-
cIaro certain high crimes and misde.
meanors; and under article e, to give
the assent CT the State 10 tho est alb
lishment and confirmation OF its
boundary lincs.
1t IS difficult 10
CONCEIVE OEANY DEFINITION
OF the word legislature which would
not include body capable of pas.
sing and ctually passing such enact
ments as these. They can he bind
ing upon the people Of the Common
wealth only as legislation. They
would be subject to he construct, and
enforced nv the courts of that State
only in their character rs laws.
But it seems to the Committee that
the construction of the State cous.i. .
tuition Of West Virginia, upon which
the above argument is based, will
not bear examination. When that
constitution provided that the Legis.
la,ure 90 convened in extraordinary
occasions should enter upon no hus
mess except that stated iE the proc.
lam alton by which 1t was called to.
gsther,' the people must be presumed
to have had in mind business 10 he
transacted under the authority of the
State constitution, and not to have
intended to prohibit the performance
OF duties imposed upon it by the
supreme authority Of the Cons.itu
ton Of the United States.
1.-THE argument be sound that "A
legislative body which is prohibited
from entering upon certain classes OF
business, or which is confn al 10 Ger.
tain classes of business Clearly legis-
lative in their character, is no Lecis
la,ure In the constitutional sense. it's
logic would require US to declare
that the Legislature Of every State
whoee bill Of rights excludes it from
large domains Of legislation. is no
legislative body. If. under the same
provision Of the United States. the
act Of Congress had fixed day
for holding elections for Represen'a
tives to Congress, and the State con
siitntion or laws should prohibit the
assembling OF the people for such
lcctions on the day SO fixed, it would
we suppose, be held clear that the
act Of the State would be void and
the authority of the act Of Congress
would prevail
We cannot see any difference be.
tween such prohibition of O State
constitution applicable to the consti-
tutionai electors OF Senators, " ho are
members Of the State Legislature.
and tue constitutional electors OF
Representatives. who are n BODY Of
electors authorized to vote for mem.
bers OF the most numerous branch Of
tue State Legislature.
We are therefore clearly OF the o.
pinion that the election of Mr..
Faulkner al the special session Of the
Legislature OF West Virginia was
vaid.
Il is insisted that Mr.. Faulkner
was ineligible to the Office OF Soma
tor by reason Of the provision of tue
Constitution OF West Virginia:
No judge
DURING HIS TERM OF OFFICE
shall practice the profession of law
or hold any other Office, appointment
OF public trust. under this or any
other government, and the accepts
ance thereof shall vscate his judicial
office. Nor shsll he. during bis con-
tlnusnce. be eligible TO any political
ofiiJe.- Article S, section l6.
But we arc of opinion that no
Stale can prescribe nny qualification