The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-02-14
A NEW CONSTITUTION
a Matter for tho Consideration OF
tho Cltisons of the State.
THE MORGANTOWM POST FAYORS IT,
Some OF tho iseasons Expressed Why
Now Constitution Is Needod-rh.
Plan Suggested Tor u oonvontlon 10
Frame tho Now Measurs-rho No.
ocsslty OF Longer Legislative ses.
slous,


horedaioiri PoI.
Tho neod Of amendments to tho pros.
ent constitution Is conceded by every
thoughtful. man, whether Democrat or
Republican. Tho Post OF two woeks
ago roiorred to uomo Of tho crying evils
Of tho presont organic law, and now
suggests aomc additional points, n,
folowa:
In case any of tho judge, Of tho su.
ptemc court OF appeals should DO pre.
vented from acting by reason of intor.
est in tho subject matter of pendlny
litigation or other disability, and it Is
stated that there arc At least two OF tho
Judges who arc disqualified from inter.
est from sitting In certain land cases.
Then tho sutton having such n case is
deprived OF tho benefit OF tho Judgment
oil the court OF last resort, because of n
want OF any authority on tho mart Of
tho other Judges OF tho supreme court
10 call in 10 cit with them in that mar.
ticular case ono or moro OF tho circuit
Judges who arc disinlorested and thoro.
ioro qualified to pass upon tho caso.
SUCH provision. wanting in our con.
stitrtion, Is found in the constitutions
Of most oil the states. aud Is provided
for in tho laws OF the United States re.
lating to federal courts. This fault can
only DO remedied by change in th,
constitution.
While biennial sessions OF iorty.iiye
days Tor tho legislature were sufficient
In the early history OF the state, vet
evory session demonstrates moro and
moro the unwisdom OF such Iimi,a.
ton. Tho appropriations made nv tho
legislature in tho forty-fve DAYS ses-
sion amount to about $l,5OO,OO0, which
cannot be intellieently done without a
thorough examination into the sources
OF revenue, tho method and form Of
taxation, and the actual cost OF tho state
in its legislative. executive and judicial
departments, and oil its asvlun.. peni-
Tertiary and schools. Those matters
come before tho finance committees, and
with the duties deyolving upon them to
consider all other matters OF legislation
relating to finances and taxation, and
tho time necessarily consumed in their
attendance upon the sessions OF the leg.
islaturc. they have little time to con-
elder aud digest all these matters Of de-
tail. What business men or set OF men
would undertake TO formulate con-
tract involving an expenditure OF ST.
100000 within the short space OF FORTY
five days, even ii they could give the
greater part OF that timc to the consid.
Grafton of the subject.
4 scheme has been discussed which
seems very feasible and economical,
viz: Fix the salary or compensation OF
tho members Of the legislature, not by
the day. but for a term OF two years,
say $500 or Si00 for the term; let the
first session DO held in tho winter fol.
lowing tho election, without restriction
as to time, and then let IN adjourned
or second session OF the same legislature
be held in the winter following. BY
this arrangement all uncompleted leg
islation and committee work and re.
ports would go over to the second ses-
sion, a, uncompleted business, with
ample time between tho two sessions,
or during recess, for the committees 20
thoroughly investigate the interests OF
the state, to formulate proper lcgisla-
ton. to digest and thoroughly mature
the same, and to act intelligently on the
great mass OF matters constantly do
manding the attention OF the lccisla.
,ure. By this arrangement members
would not be tempted to prolong the
session by tho hope OF q pcr diem allow
ance, but would hasten to the conclu-
sion Of their business as rapidly rs posi-
bio, consistent with tho due discharge
Of their duties. knowing that the longer
they remain in session tho greater their
personal expenses without any CORE
spending increase OF compensation.
The legislature seems to have been
very derelict in its duty to take up and
promptly pass the act submitting to the
voters OF the state tho question OF con-
vcning 4 constitutional convention. II
is the most important piece OF legisla-
ton that it can have to nc, upon. The
judiciary bill might rest for the proscn,
(although very desirable that it should
be cnacted), because tho Encouragement
and any increase in judicial circuits
would DO provided for in the proposed
now constitution. The only other i'm.
portant measures are tho appropriation
bill and the school book question. Tho
last could wait without dctriment or in
jury. M
Tho present session OF tho legislature
will expire by constitutional Limitation
the I'D inst. 1t will DO great nisfor-
tune to have to prolong it, and it could
only be done by two-thirds vote Of
the members elected to each house. 1t
is difficult to SOC why such majority
should DO required for tho simple pur-
pose OF prolonging 4 session rendered
necessary by tho shortness OF time,
whilea bare majority would be sufficient
to pass any bill, no matter how much
money it might appropriate or how i'm
portant tho matters lcgislatcd upon. II
the requisite two-thirds vote for the eS.
tension OF tho session should not DO
had. and it should DO necessary to re.
convene the legislature for tho passage
OF tho appropriation bill or any other
purpose. it would then require thrco-
iliths o! tho membors to mako appli-
cation to the governor in writing,
when it would be tho duty of the gov.
ernor to convene thom. Al his own
instance tho governor might convene
it. when no business, except that stated
IN tho proclamation convening it, could
be transacted. Tho governor has a
qualified yoto power. and after holding
bill not moro than iivo days may ro-
turn 1t to tho house in which it orig.
mated. with his objections. whom II n
majority Of tho mombors elected to zach
house ngreo to pass tho bill. it shall DO.
como law. Il Is also provided that no
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