The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-02
Special p!spa.eh % he lt slirner.

lowing Is tho full text oil Governor Mac.
Corkle's message vctoing the bill passed
by tho legislature creating tho West
Virginia state service commission. Tho
act was really nullifed without the gov.
ernor's veto, as It did not roach him be-
fore the legislature adjourned, as re.
quired by the constitution, but he has
aeen tit to make known his objections to
it anyhow, Tho message Is rs follows:
To he Scrt'ary Of STATE:
file herewith my veto OF house bill
No. "i2. entitled ian act to establish tho
West Virginia state service commission,
and prescribing the duties thereof"
Irrespective Of my question ot public
policy. this net initiates against every
canon Of well regulated legislative law.
II provides that the governor shall zap
provo" commission OF three citizens OF
West Virginia, who shall constitute n
board known ny tho West Virginia Vol.
unteer State Service Commission. whose
Der Of those who served within thi.
state in the organization known as the
West Virginia State Militia during tho
civil war. with the length OF period OF
such service and all Information con.
ncctcd therowith. This commission
shall determine those who participated
in such service and what sum OF money
may have been due any person for ser.
vices rendered, and shall enter its
minute OF the sum upon Its records. It
shall annually hold two sessions OF its
board Of not less than fourteen days
duration in each one OF the con ngression-
nj districts Of the state ior the purpose
OF examining into and taking evidence
Of tho services rendered tho state by
said militia. The mombers Of tho com.
mission shall DO paid three dollars per
day by the treasurer OF tho sta.o for tho
actual time consumed by th en- in hold.
ing said sessions, with tho mileage al
lowed to the judges OF the courts. they
shall employ clerk at salary OF three
hundred dollars, and shall deliver a re-
por, to tho Legislature in order that said
legislature may make provision for tho
payment OF all such claims found to be
due and unpaid.
lhfhRElhL CONSIDERATION.
During my term OF official life l have
tried to act for tho interests OF this state,
without regard as to what effect i. would
have upon the politics OF the state.
| Having been associated rs | have boen
with those who were engaged in the
southern army. have sought in every
| way possible to avoid vetoag bill
which looked to tho payment OF Union
soldiers for services rendered the state.
| do not wish it to be understood bv
any ono that because my people wero
engaged on the other side, l allowed
tho least particle Of prejudice to exist
in my mind against tho soldiers OF the
Union. | have tho very highest regard
for them. and have always so expressed
| myself, and have by my acts striven to
show that1 have nothing but tho high
est respect for tho soldier who was
really engaged in the war on tho Union
side. believe that n fair and liberal
peusion service 10 right; but this law
ml!itatos against every idea Of what
consider is right. irrespective OF auy
question oi politics.
In tho first place. tho law came to ne
after the legislature had adjourned and
was not presented TO mo for INV sigma.
ture.untii II o'clock oil Saturday, when
the legislature had Adjourned at u O clock
Friday night. This makes it an abso.
lnte nullity. ior the constitution pro.
vides that tho laws shill bc presented to
the governor during tho session OF tho
legislature, and tho only right the gov.
crnor has is to flo the law with his
objections ii he has any, in tho office OF
tho secretary OF state, within five davs
| after tho legislature has boon adjourned.
This act was not 30 presented during
| that session. ... -r-
In the second place, thorc is no ap.
pointing power in the governor to con-
stituto the commission. Tho act saws
that tho governor shall approve" n
commission. 1t may have intended that
he shall appoint n commission, but
can only 90 by tho letter OF tho law.
Whnt tho legislature intended do not
know. 1t may havc intended thu, tho
commission shall not DO appointed.
lSoPERATIvE WITHIN ITSELF.
In tho third place. tho law is inopora.
tive within itsoli. provide, that each
momber of tho commission ahall bo paid
thrco dollars per day, by tho troa,urer
| OF tho stute. for tho actual timo con.
sumcd by them, with the mileage al
lowed tho judges. Not cont il appro-
prialcd to pay this commission for its
ForvicOs There IL no iund out of which
it can bs paid, and it doe, not oven pre-.
tend in nnywiso to pay tho clerk whose
salary it hXc+. and legislators vol know
that such m net as tins Is not worth tho
paper upon which II is written, and It
would bo idle to approve It, even II [
felt so disposed. Holding tho logisla.
tnrc in tho highest respect, | do not be-.
licvc that its intention was to pass n
| law which 1t int,ndod should bo null and
void. hut tho fact Is. whntever il, ron.
aon may DO, there was no appropria.
ton made for this commission, and no
mcans whatever provided TO carry lts
intentions into effect. havo consult.
cd tho appropriation bill aud ,hcrr ID
none; and both thu auditor aud troaa
urcr havo informed mo that thoru il no
fund oil: of which thcy can pay thcsu
| cXponScs.
| do not moan to intimate that an in.
operative bill was purposoly passed.
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