The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-29
STATES
NEED S
Oh TLINED
A Valuable
Statistical
Document
STATE PRoHIsITIoN
DOESN'T MEET FAVOR
Mr.. DAWSON, INSTEAD, PREFERS
THE STRINGENT LOCAL oP-
TIoN LEGISLATION BY
LEGISLATURE.
STATE PROHIBITION
DOESN'T MEET FAVOR.
MINING LEGISLATION COMES IN
FOR CONSIDERABLE NOTICE
THE FAlRMoNT COAL
COMPANY PRAISED.
ONLY PART OF MESSAGE is Civ
EN- To.oAY-WILL BE CON-
TINuED TOMORROW.

CHARLESTON. w. Va, Jan. 29.--
The message of Governor Dawson to
the special session of the legislature.
read in the two houses yesterday was
as follows:
To the Honorable Members OF the
Senate and the House of Delegates:
The proclamation convoking the leg
islature in extra session states the pur-
pose of calling you together. A copy
of the proclamet tionw was mailed to each
member at .hIs honse The conyocation
OF the Legislature was not done with,
out serious consideration; you were
called together at this time because 1T
appeared that the public interests de-
manded it. The responsibility Of con-
vokIng the legislature and naming the
subjects upon which it may legislate.
is upon the Governor; now, that you
are in session, the responsibility is
upon you as to which Of these sub
jects you will take up and consider;
and, having taken them up, what dis
position you shall make of them.
Local Matters.
1t was desired to limit the subjects
to those of fiscal or fiancial import
ance; few subjects of local import
ance appear, but these are of much
importance to the people Immediately
concerned therein. Our laws provide
no method Of getting or amending
charters Of certain municipal corpora
tions except by special act of the leg
islature: independent school districts
can be created only by aid of such spe-
cial acts. AS the people Immediately
interested in these cities and indie.
pendent school districts can obtain
these measures, which concern their
public welfare, only by acts of the Leg
islature, 1t Is conceived that these
facts justify their inclusion in the
proclamation. They will take little of
iyour time and will mean much to the
people concerned.
Limitation Of LeVies-PubIic Account
The last session of the legislature
passed an act limiting levies by coun-
ty courts to thlrty-fve cents on each
one hundred dollars of valuation; this
act was amendatory of the act of 1905.
but in the act of 1907 the clouse was
omitted which was in the act OF 1905.
to the effect that district road levies
should be included in the expression
county levies" 1 understand that
this clause was omitted because it was
thought unnecessary.
In Writ county the levy for county
purposes. including the district road
levies, exceeded the maximum OF thlr-
, ty-five cents. Certain residents and
! taxpayers of that country and the
State tax commissioner applied to the
Supreme Court of Appeals for writ
of mandamus TO. compel the County
Court to reduce the levies to the limit
of thIrty-fve cents. The writ was re.
fused by the court in its decision hand.
ed down on the 29th of last October.
A rehearing was obtained, and tho
court. on the 18th of last December,
reaffirmed its decision, one of the
judges dissenting. The court held that
the Limitation of thirty-five cents In
the act of 1907 does not limit the pow
ers of county courts respecting the
amounts to be raised by taxation for
distict road purposes. 1t follows, there
fore, that any county court may levy
thirty.ave cents for county purposes
proper and levy sixty cents in any
district for district road purposes,
these two amounts making up the nine
tcontlnusd on Raae Fivsl