The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-08-12
NM cloAnErrR LIoNNsE.

Dslogats Evans AIaInt"'nS ThHt u Is In
BesuddIsd state WRd Unconstitutional
TO Ue Editor Of The mteRi0noT.
sR:-several weeks ago pointed
out what to me seemed to be irregulari'
ties in the cigar st,o law. We now have
tho official journals OF tho house and
senate from, which TO quote.
On page 5S5, house journal, we fnd
that ION motion OF Mr.. Harmerr the
title wa, stricken out and tho following
Inserted in lieu thereof; "A bill amend
inc section OF Chapter SO OF tho code
Of west Virginia. and adding an audi
tional section thereto.
MIR. Harner was ordered to commu'
nicats the passage Of the bill to the sem
alto. No further action was had W the
house until February 22-see House
Journal page G6l, when the committee
on enrolled bills reported that they had
preson,ed TO tho governor Senate bill
No. SO, MI not to amend and re'enaot
sections !, 9, 60 and 81 Of chapter SO oil
the code" 49,
Where DID this change in the title oc'
cur? Bv turning TO Senate Journal,
pages 557 aud b5S you will find these
words: SENATE Bill No. 80 las substi.
tuted), bill amending Section Of
chaptcr 80 Of tho code oil West Virginia
md adding an additional section there
10, ON third reachiugi coming up for
confederation on the substitute offered
hv tina house. Tho bill was then read O
third time aud passed with its title by
majority vote Of all tho members elec'
tod to tho senate"
No change made in tho souate az to
the above shows, yet tho committee GU
enrolled bills made the same report to
the senate they did to tho house. Bee
senate Journal, page 43Ol Your readers
will no doubt remember that l stated
in INV former communications that no
one except the legislature had the right
TO change tho title Of bill. That n
change was made no ono who will take
the trouble to inform himself will deny.
Article 6 Of the constitution, section
80, states: mo act hereafter passed
shall embrace moro than ono object,
and that shall DO expressed In the ttllo.
But II any object shall DO embraced IN
an act which 10 not sn expressed, the
act shall be- void only a. to 30 much
thereof as shall not be go expressed. "
The act Us shown by the journal oil
both houses, passed with title de-
clarlng one section only amended,
while tho act as reported by tue CON-
mittee on enrolled bills and as pub.
liIhsd, amends four sections OF chap
terS2. How can such au act DO consid'
cred a. constitutional in the face Of this
record2 But some one may say that
you cannot go back OF tho act TO 0scer'
tain Il It was properly passed. 10 which
wo answer. then why this section IN
the constitution, chapter six, section
forty.one:
each house shalt keep a journal Of
its proceedings and cause the same TO
be published from timo TO time, and
all bills and joint resolutions shall be
described therein as well by their
title as theit number"
Iithe journal cannot be considered by
A cour. in considering the passage and
constitutionulity OF an act, why that
proyiIion7 Why keep journal at all
i II does not record the action of the
legislature, and II 1t does so record such
action, why cannot the court consider
such action In passing upon the conSti'
tutiouulity Of an act2 How arc We to
know that the legislature passed ans
acts at all except by consulting the jour
nails OF both houses1 Having main
tanned nv position all through the dis
question Of this act, now close the mat
ter in tho hope that some one wiser
than | will uuraVel this tangled and bc'
iuddled net. GEORGE +. EVANS.
MautinsbWg, W, Va, Au7tLa s.