Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-12-27
NEW LEGISLATION
WHICH SHOULD RECEIVE ATTENTION AT TIE
COMING SESSION.
Attornsy.Gsnsral Alfred Caldwell Calls Attention
to Some Important Matters and Gives Co
gent Reasons Why There Should
b Some Amendments.

Probably no man in West Virginia is
more familiar with the needs Of the
State at the hands OF the Legislature
now about to meet than Attorney-Gen-
eral Alfred Caldwell. Eight years Of
service in the Office he now holds have
familiarized him with the statutes to an
exceptional degree, and he is, therefore,
wsll qualified to express an opinion up
on the new legislation needed this
winter. Yesterday reporter for the
REGISTER called upon General Cald-
we'll. and in reply to request for an
expression of opinion from him as to
some OF the measures best calculated
to be OF public benefit, he said
"a number OF matters call urgently
for attention this winter. For exam
pie, what is known as the Married
Women's Act should be torn to pieces
and reconstructed, so as TO place mar
ried woman in the position OF ten1m;
sole, that she could have the use Of her
own property. she is now absolutely
unable TO handle it, except In a very
narrow and restricted manner. She is
in ownership, without any OF tho pf.Yi-
leges, powers or liabilities Of ownership.
The law as IL stands is ol9 OF the most
atrocious acts ever passed. Under the
law, as at present woman can't help
her husband financially; she can't bor-
row money, except TO improve property
in her name; she cannot 90 into bus
mess, or do anything else sup
posed TO lie within the pow
er OF property owner. She
has simply nominal ownership. The
bill prepared by the State Bar ASsocia-
ton, and which is in line with modern
American ideas, is the bill which the
last Legislature should have passed.
Tha. bill was prepared by a gentleman
thoroughly conversant with the matter.
and was debated and elaborated by the
Bar Association, yet it was laid aside In
favor of the present measure.
The new election law ought to be
trimmed, ia the light OF our recent ex-
perience with IL, but the spirit OF the
law should be preserved, for it is
good measure.
THE law relating to the acknowl-
sdgement Of deeds by corporations
should be amended so as to give ra-
tional and proper form for said acknowl-
edgement, and not the complex, badly
worded, crude and uninteiilgible act
now on the Statute Book. The present
statute not only requires the officer TO
swear that he is authorized To acknowl-
eye writings, but also that he is en-
powered to acknowledge that particu-
lar writing, as though he was not en-
powered TO acknowledge all writings.
This miserable form seems to have been
the product OF man who had no prac-
tical knowledge Of the affairs OF cor
porations. Other changes aud amend
ments TO that statute would be desir-
able, as there is too much LETT TO Infer
ence, and much that was meritorlous and
proper in the former statute has been
omitted, the draughtSman apparently
not understanding their import and i'm
portance and dropping them out.
THE law in relation TO bank examin-
ers needs some minor amendments, the
necessity for which has been shown by
the practical workings OF the law,
which is, generally, an admirable one.
The law relating 10 title and trust
companies should be amended so as TO
permit them 10 act as administrators
and executors, their capital stock ID be
their bond, as in ether States. There
is no real reason why this should not
be done in West Virginia as well as
elsewhere.
"The law in relation to the jurisdlc-
tion Of the Supreme Court Of Appeals
ought 10 b. so amended as 10 empower
the Court TO hear any case, whether
original or appellant, at any time,
whether at regular or special term.
"The law in relation TO fiduciaries
should be so amended as to require any
assignee or trustee, before making =
sale OF property as such, or receiving
any money as such, 20 give bond be-
fore the clerk of the County Court, in
such amount as shall be txed by said
clerk, with good security, and this with
out any motion being made TO that ef-
feet, and IL should be made q criminal
Offense for him to make any sale or re-
ceive any money before he has COM
piled with this requirement.. This law
should also be so amended as 10 make
such fiduciaries more expeditions in re-
porting the results OF sales made by
them and in the settlement Of their ac-
couAts generally.
"A very important matter, which
should be considered by the Legisla-
ture is the question OF the incorpora-
ton Of Joint stock companies by West
Virginia charters. The laxity OF our
lawsin this regard has brought more re-
proach upon West Virginia than any
other one thing. This subject IS too
extensive to be entered into fully at this
time, but it has suggested itself to
many and has been the subject OF q
great deal of criticism adverse TO our
State The incorporation by West Vir-
GINA of companies designed 10 do busi-
ness entirely outside the borders OF the
State. through Interstate comfy, is re-
pugnant to every sense OF prOpriety.
The State creates, by reason OF her SOW
ereign power, as Sta;e OF the Union,
an artificial person called corpora
ton, to do business, not In West Vir-
ginia-not as an agent 10 aid
10 its development-but TO have an ex-