USA > West Virginia > History and government of West Virginia > Part 22
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55. What report is required to be made ? Section 17.
56. Any officer making a false report shall be guilty of what crime ? Section 17.
57. What State officers must make reports to the Gov- ernor ? Section 18.
358 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
58. When must these be made and what does the Gov- ernor do with them? Section 18.
59. What may the Governor require of the other ex- ecutive officers at any time ? Section 18.
60. What annual salary is paid to each executive officer of the State? Section 19.
61. What is the salary of the Secretary of State? Sec- tion 19.
ARTICLE VIII. (As amended in 1879 and 1902.) JUDICIAL DEPARTMENT.
1. In what is the Judicial Power vested ? Section 1.
SUPREME COURT OF APPEALS.
2. Of what does the Supreme Court of Appeals con- sist ? Section 2.
3. How many of said judges constitute a quorum for the transaction of business? Section 2.
4. What is the length of term of each? Section 2.
5. In what cases does the Supreme Court of Appeals have original jurisdiction ? Section 3.
6. What is meant by habeas corpus, mandamus, and prohibition ?
Answer .- (1) See habeas corpus, question 10, Article III. (2) A writ issued by a superior court, and directed to some inferior tribunal or to some corporation or person exercising authority, commanding the per- formance of some specified duty. (3) A writ issued by a superior tribunal directed to an inferior court, commanding the latter to cease from the prosecution of a suit depending before it.
7. In what does it have appellate jurisdiction? Sec- tion 3.
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QUESTIONS ON THE CONSTITUTION.
8. What does appellate mean ?
Answer .- Pertaining to, or taking cognizance of appeals.
9. What is meant by quo warranto?
Answer .- It is the name of a writ by which the Govern- ment commences an action to recover an office or franchise from the person or corporation in posses- sion. The writ commands the sheriff to summons the defendant to appear before the court to which it is returnable to show (quo warranto) by what authority he claims the office or franchise, and why he does not surrender the same to his successor.
10. What does certiorari mean ?
Answer .- A writ issued by a superior to an inferior court of record, requiring the latter to send into the former · some proceeding therein pending, or the records and proceedings in some cause already terminated in cases where the procedure is not according to the course of the common law.
11. In what cases does the State have the same right to appeal as the defendant? Section 3.
12. When only is a decision rendered by the Supreme Court of Appeals binding upon the inferior - court ? Section 4.
13. What exception to this rule ? Section 4.
14. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals what shall be done? Section 5.
15. What provision regarding a syllabus ? Section 5.
16. How is the syllabus published and who must concur in it? Section 5.
17. How and when only can a writ of error, super- sedeas, or appeal be allowed by the Supreme Court of Appeals? Section C.
18. What does supersedeas mean ?
370 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
Answer .- In law, it is a writ of command to suspend the powers of an officer in certain cases or to stay pro- ceedings under another writ.
19. If a vacancy occur in the Supreme Court of Ap- peals how is it filled when the unexpired term is less than two years ? Section 7.
20. How when the unexpired term is more than two - years ? Section 7.
21. How are the officers of the Supreme Court of Ap- peals appointed ? Section 8.
22. What State official is the reporter of the said Court ? Section 8.
23. What is the least number of terms of this Court which can be held annually ? Section 9.
CIRCUIT COURT.
24. What is the number of Judicial Circuits into which the State is divided ? Section 10.
25. How many Judges in the first circuit ? Section 10.
26. How many in each of the others ? Section 10.
27. How many years constitute the term of a Circuit Judge? Section 10.
28. How is a vacancy in the office of a judge of the Circuit Court filled ? Section 10.
29. Where is the Circuit Judge required to reside ? Section 10.
30. What provisions are made relating to the judges of the first Circuit ? Section 10.
31. Where and how often is the Circuit Court to be held? Section 11.
32. What is said of special terms? Section 11.
33. Can a judge of one Circuit hold court in another Circuit ? Section 11.
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QUESTIONS ON THE CONSTITUTION.
34. Of what does the Circuit Court have supervision and control ? Section 12.
35. How may this supervision and control be exercised ? Section 12.
36. The Circuit Courts have general jurisdiction in what cases ? Section 12.
37. In what cases has the Circuit Court appellate juris- diction ? Section 12.
38. What other jurisdiction has the Circuit Court ? Section 12.
39. How is the State now divided into Circuits ?
40. How and when can a re-arrangement of the Circuits be made? Section 14.
41. Since when and how can the number of Circuits be diminished or increased ? Section 14.
42. How and for what cause may special terms of the Circuit Court be held ? Section 15. GENERAL PROVISIONS.
43. By whom are all the judges commissioned ? Sec- tion 16.
44. What is the salary of a judge of the Supreme Court of Appeals? Section 16, note.
45. What salary is paid a judge of the Circuit Court? Section 16, note.
46. What of the mileage of the Judges of the Supreme Court of Appeals and of the Circuit Courts ? Section 16.
47. What county may make an additional allowance tc the Circuit Judges ? Section 16.
48. Can this allowance be changed during the term of office of the judge to whom it has been made? Section 16.
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49. From what is a judge prohibited during his term of office ? Section 16.
50. What results from his acceptance of any other of- fice while judge ?
51. Is he eligible to any political office during his term ? Section 16.
52. How may judges be removed from office? Section 17.
53. For what causes may he be removed ? Section 17. 54. How many of the members of both Houses must vote affirmatively to remove a judge? Section 17.
55. What must be given to the judge before the Leg- islature can procede against him ? Section 17.
56. What is said of the election of a Circuit Clerk ? Section 18.
57. What is the length of his term of office? Section 18.
58. How may he be removed from office and the va- cancy filled? Section 18.
59. How and when may courts of limited jurisdiction be established? Section 19.
60. Have any of these courts been established?
Answer-Yes. Among them are the Criminal Courts of Wood, Ohio, Mercer, Fayette, McDowell, Harri- son, Marion, and Raleigh counties, and other courts in Cabell and Kanawha counties.
61. Appeals from these courts of limited jurisdiction must be taken to what court? Section 19.
62. What provision regarding the person and property of soldiers on either side in the Civil War? Section 20.
63. What shall the Legislature do with reference to the 20th Section? Section 20.
64. Parts of the common law continue to be the law of the State till when? Section 21.
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QUESTIONS ON THE CONSTITUTION.
COUNTY COURTS.
65. What court in each county, how composed and what constitutes a quorum ? Section 22.
66. How many terms are held per year ? Section 22. 67. What of special sessions of this court ? Section 22. 68. How are the Commissioners chosen, and what is the length of the term ? Section 23.
69. Can two Commissioners be elected from the same Magisterial District? Section 23.
70. What is to be done when two residing in the same Magisterial District appear to have the highest number of votes? Section 23.
71. How is the President of the County Court chosen ? . Section 23.
72. What do the Commissioners' receive for their ser- vices, and how is the same paid ? Section 23.
73. Through their clerks, the County Courts have the custody of what? Section 24.
74. They have jurisdiction in what ? Section 24.
75. They have superintendence and administration of what? Section 24.
76. They have what authority relative to county finances? Section 24.
77. What provision regarding license or the sale of intoxicating liquors ? Section 24.
78. What authority in contested election cases ? Sec- tion 24. -
79. What other powers may be exercised by these courts ? Section 24.
80. Provision may be made for what during the recess of the court ? Section 24.
81. What provision was made regarding courts of similar jurisdiction existing at the time of the adoption of the Constitution? Section 24.
374 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
82. What was done with all judicial proceedings.
Answer .- The newly created County Court having no jurisdiction in the trial of causes, all records of the same were transferred to the Circuit Court in which said causes are now tried.
83. How is the clerk of the County Court chosen and what is the length of his term of office ? Sec- tion 26.
84. What of his duties and compensation? Sec- tion 26.
85. Into what and how shall each county be divided ? Section 27.
86. In a district having a population not exceeding twelve hundred, what officer shall be elected ? Section 27.
87. If the population exceeds twelve hundred, how many Justices of the Peace shall be elected? Section 27.
88. Where shall each Justice reside ? Section 27.
89. What is the length of his term? Section 27.
90. How only can the Magisterial Districts be changed or new ones created ? Section 27.
91. To what actions does the jurisdiction of the Justice of the Peace extend when the amount in ques- tion does not exceed three hundred dollars? Section 28.
92. What do the words assumpsit, detinue and trover mean ?
Answer .- Assumpsit, from ASSUME. In law, a promise or undertaking founded on a consideration. An action to recover damages for a breach or non-performance of contract. Detinue, from DETAIN. To detain. A thing detained; a form of action for the recovery of personal property wrongfully detained. Trover,
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QUESTIONS ON THE CONSTITUTION.
the action of gaining possession of any goods, whether by finding or'by other means. An action to recover damages against one who found goods and would not deliver them to the owner on demand, or to recover the value of goods wrongfully converted to another's use.
93. What is the territorial extent of the jurisdiction of Justices of the Peace ? Section 28.
94. How can their jurisdiction be extended ? Section 28.
95. Can an appeal be taken from the decision of a Justice of the Peace ? Section 28.
96. To what courts must the appeal from the decision of a Justice of the Peace be taken ?
Answer .- Appeals in all Civil actions must be taken to the Circuit Court; but in Criminal actions, an appeal may be taken to either the Criminal or the Circuit Court.
97. Can another court or tribunal be established in lieu of the County Court ? Section 29.
98. Are the offices of Commissioner and Justice of the Peace compatible ? Section 30.
99. Vacancies in the offices of Commissioner, Clerk of the County Court or Justice of the Peace, are how filled ? Section 30.
100. For what time are said vacancies filled ? Section 30.
ARTICLE IX.
COUNTY ORGANIZATION.
1. What officers shall be elected by the voters of each county ? Section 1.
2. What is the length of term of each ? Section 1.
3. What provision regarding the election of Consta- bles? Section 2.
376 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
4. How long do they serve and to what civil division does their authority extend ? Section 2.
5. What powers are granted to assessors? Section 2.
6. What officers are appointed by the County Court ? Section 2.
7. As to the residence of county officers what excep- tion as to the Prosecuting Attorney? Section 2.
8. Which county officer can not succeed himself or be elected to any other office at the expiration of his term? Section 3.
9. What shall he do at the close of his term and what of his official bond? Section 3.
10. How shall the duties of the office of Sheriff be per- formed? Section 3.
11. To what shall all county and district officers be subject ? Section 4.
12. What shall follow conviction ? Section 4.
13. What shall the Legislature do regarding all officers not provided for by the Constitution? Section 5.
14. For what are they required to give bond ? Section 5.
15. For what further shall the Legislature provide? Section 6.
16. Who shall be conservators of the peace? Section 7.
17. What provision regarding the area and population of a new county ? Section 8.
18. What must the county from which a new one is taken, contain after the division? Section 8.
19. The consent of whom must be obtained before a new county can be formed ? Section 8.
ARTICLE X. TAXATION AND FINANCE.
1. What is said of taxation ? Section 1.
2. How must all property be taxed? Section 1.
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QUESTIONS ON THE CONSTITUTION.
3. What property under the Constitution is exempt from taxation? Section 1.
4. What power is conferred upon the Legislature re- garding privileges and franchises ? Section 1.
5. What tax is levied upon each male citizen over twenty-one years of age? Section 2.
6. What is such a tax called? Answer .- A capitation or poll tax.
7. For what is this tax used? Section 2.
8. What persons are exempt from it? Section 2.
9. How only can public money be drawn from the State Treasury? Section 3.
10. Can public money be used for any other purpose than that for which it is appropriated. Section 3.
11. What detailed statement is to be published annually? Section 3.
12. For what only shall a State debt be contracted? Section 4.
13. The payment of any liability other than the ordi- nary expenses of the State shall be distributed how? Section 4.
14. The Legislature's power of taxation shall extend to what? Section 5.
15. When a deficiency occurs what shall the Legisla- ture do at its next session? Section 5.
16. To what shall the credit of the State not be granted? Section 6.
17. What shall the State never assume or become re- sponsible for ? Section 6.
18. What shall the State never become ? Section 6.
19. What is the limit of county taxation ? Section 7.
20. What exception to this limit ? Section 7.
21. How only can it be extended beyond ninety-five cents for other purposes ? Section 7.
378 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
22. What is the limit of indebtedness which may be contracted by a county, city, school district or municipal corporation ? Section 8.
23. Payment of such debts must be provided for and made in what time? Section 8.
24. What action is necessary before any such debts can be contracted ? Section 8.
25. What may the Legislature authorize ? Section 9.
ARTICLE XI. CORPORATIONS.
1. What shall the Legislature provide concerning corporations ? Section 1.
2. What provision regarding a special law ? Section 1.
3. To what amount is a stock-holder in a corporation or joint stock company liable and what institu- tions are exceptions to this rule ? Section 2.
4. In the election of directors or managers of incorpo- rated companies, what shall the Legislature pro- vide? Section 4.
5. What rights and privileges shall any stock-holdet have as to voting ? Section 4.
6. How only can directors or managers be elected ? Section 4.
7. What is the Legislature prohibited from doing concerning a street railroad ? Section 5.
8. What consent must be obtained before such street railroad can be constructed ? Section 5.
BANKS.
9. How may the Legislature provide for the organi- zation of banks of issue or circulation? Sec- tion 6
10. What are the liabilities of stock-holders in banks thus created ? Section 6.
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QUESTIONS ON THE CONSTITUTION.
RAILROADS.
11. Every railroad corporation organized or doing business in this State is required to make what ? Section 7.
12. What must such report set forth ? Section 7.
13. The rolling stock and all the movable property of a railroad company belong to what class of 1 property ? Section 8.
14. To what is said property liable? Section 8.
15. What prohibition regarding exemption of such property ? Section 8.
16. What are all railroads in the State declared to be ? Section 9.
17. What laws shall from time to time be passed by the Legislature respecting them ? Section 9.
18. How are such laws to be enforced ? Section 9.
19. Under what conditions and where can railroads be required to establish stations ? Section 10.
20. What provision relating to the consolidation of stock of competing or parallel lines of railroads ? Section 11.
21. How only can control of competing lines be obtained ? Section 11. ₱
22. The exercise of the power and right of eminent . domain shall never be abridged so as to prevent what? Section 12.
23. What is meant by eminent domain ?
Answer .- The right or power to take private property for public use.
ARTICLE XII.
EDUCATION.
1. For what shall the Legislature provide by general law ? Section 1.
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380 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
2. What of the supervision of the State Superintend- ent ? Section 2.
3. In the performance of other duties imposed upon him, how are his expenses paid and to what amount ? Section 2.
4. For what additional school officials may the Legis- lature provide ? Section 3.
5. From what sources does the "Permanent and In- vested School Fund" come? Section 4.
6. How shall it be invested? Section 4.
7. If such United States and State securities cannot be obtained, then how may the said Fund be in- vested? Section 4.
8. What State officers compose the "Board of the School Fund" ? Section 4.
9. To what purpose only can the interest of the "Per- manent and Invested School Fund" be applied ? Section 4.
10. What is done with any part of the interest not ex- pended at the close of the fiscal year ? Section 4.
11. What provision as to the taxes upon delinquent lands? Section 4.
12. To what amount is the Permanent or Irreducible School Fund now limited? Section 4.
13. When and how was this limitation imposed ? Sec- tion 4.
14. What was done with the excess over one million dollars? Section 4.
15. To what uses are the money and taxes heretofore payable into the State Treasury to the credit of the Permanent or Irreducible School Fund, now applied ? Section 4.
16. In what ways shall the Legislature provide for the support of free schools ? Section 5.
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QUESTIONS ON THE CONSTITUTION.
17. For what local taxation shall it provide for the partial support of the free schools? Section 5.
18. With what minor civil division of the county is the school district identical ?
Answer .- The Magisterial Districts.
19. To whom are all levies laid by the county or dis- trict for the support of free schools reported ? Section 7.
20. By whom is the school tax collected and disbursed? Section 7.
21. What provision regarding the teaching of white and colored persons? Section 8.
22. From what are all persons connected with the free school system of the State prohibited? Section 9.
23. To what persons and to what cases does the above prohibition not extend ? Section 9.
24. How only can an independent school district be created? Section 10.
25. What provision relating to increase of normal schools or branches thereof? Section 11.
26. What duty is imposed upon the Legislature regard- ing the moral, intellectual, scientific and agri- cultural improvement of the people? Section 12.
27. What must the Legislature do for the blind, mute and insane? Section 12.
28. It must provide for the organization of what insti- tutions? Section 12.
ARTICLE XIII.
LAND TITLES.
1. What provisions regarding rights and interests in land derived from or under the laws of Vir- ginia or the first Constitution of this State? Section 1.
382 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
2. Questions pertaining to such titles shall be deter- mined how? Section 1.
3. What prohibition regarding warrants on lands? Section 2.
4. The title to all waste, forfeited or escheated lands shall be vested in him having continuous pos- session for what time, provided claimant has paid taxes how long? Section 3.
5. What exception to the ten-year clause above? Sec- tion 3.
6. What disposition is made of all lands forfeited or escheated to the State? Section 4.
7. What does escheated mean ?
Answer .- To revert or become forfeited to the State, as lands, by the failure of persons entitled to hold the same, by forfeiture or by failure to pay taxes thereon.
8. When lands are sold for taxes, what is done with the excess of the proceeds of the sale over the amount due for taxes ? Section 5.
9. What is made the duty of every land owner ? Sec- tion 6.
10. What results when the taxes on a tract of land of 1,000 acres or more have not been paid for five years? Section 6.
11. What special provision for the redemption of lands forfeited by infants, married women or insane persons ? Section 6.
ARTICLE XIV.
AMENDMENTS.
1. How only can a convention be called having au- thority to change the Constitution of the State? Section 1.
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QUESTIONS ON THE CONSTITUTION.
2. What time must elapse after the passage of the act before a vote of the people can be taken? Sec- tion 1.
3. Then such convention can only be called when? Section 1.
4. When the people have voted in favor of a conven- tion, what time must elapse. before delegates to the same can be elected ? Section 1.
5. Before acts and ordinances of the convention be- come valid, what must be done? Section 1.
6. How can an amendment to the Constitution be proposed? Section 2.
7. If thus proposed, what must then be done? Sec- tion 2.
8. For what shall the Legislature then provide? Sec- tion 2.
9. How must the said vote to be taken on the amend- ment be advertised ? Section 2.
10. If the proposed amendment be ratified by the peo- ple at the polls, when shall it be enforced ? Sec- tion 2.
11. If two or more amendments be submitted at the same time, how must the vote be taken? Sec- tion 2.
LIST OF OFFICIAL POSITIONS, ELECTIVE AND AP. POINTIVE, IN THE STATE, COUNTY, AND MAGISTERIAL DISTRICT.
THE RULE OF THE PEOPLE
The Government of West Virginia is that form of rules and principles by which the people of the State are governed, or rather by which they govern them- selves. All citizens at least twenty-one years of age (not disqualified by law) are entitled to vote at all elec- tions held within the counties in which they reside, and only persons entitled to vote can be elected to any office. (Read Article IV of the State Constitution, pp. 291-295.) This government is divided into three departments- Legislative, Executive, and Judicial. (Read Article V of the Constitution, p. 295. )
THE LEGISLATIVE DEPARTMENT
The Legislative or lawmaking power is vested in a Senate and House of Delegates, collectively called the Legislature. It adopts Resolutions, and enacts laws; the enacting clause of the latter is :- "Be it enacted by the Legislature of West Virginia." (Read Article VI of the Constitution, pp. 295-310.)
THE EXECUTIVE DEPARTMENT
The Executive department consists of the Governor, Secretary of State, State Superintendent of Free Schools, Auditor of State, Treasurer of State, Attorney-General,
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STATE, COUNTY AND DISTRICT GOVERNMENT.
and Commissioner of Agriculture, together with such appointed help as may be necessary to perform the du- ties pertaining to their several offices. All the elective State officers, except the Commissioner of Agriculture, are required to reside at the capital of the State. (Read Article VII of the Constitution, pp. 311-317.)
THE JUDICIAL DEPARTMENT
The Judicial power of the State is vested in the Su- preme Court of Appeals, in Circuit Courts, and the Judges thereof, and in such inferior tribunals as are author- ized by law, and in Justices of the Peace. The Supreme Court of Appeals consists of five Judges.
STATE OFFICIALS ELECTED BY THE PEOPLE
The State officers elected by the people are,-Gov- ernor, Secretary of State, State Superintendent of Free Schools, Auditor of State, Treasurer of State, Attorney- General, and Commissioner of Agriculture, and members of the State Senate and House of Delegates. Their qualifications, terms, salaries, and duties are as follows:
Governor .- Must be thirty years of age; term, four years; cannot succeed himself; salary, $10,000 per annum; is chief executive officer of the State, and Commander- in-Chief of its military establishment.
Secretary of State .- Term, four years; salary, $5,000 per annum; is Superintendent of Public Printing, and Secretary ex-officio and member of the Board of Public Works; issues certificates of incorporation to joint stock companies.
State Superintendent of Free Schools .-- Term, four years; salary, $5,000 per annum; exercises general super-
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HISTORY AND GOVERNMENT OF WEST VIRGINIA.
vision of the Free School System of the State, and pre- pares and distributes all blanks and stationery used in the administration thereof.
Auditor of State .- Term, four years; salary, $5,000 per annum; he is the chief revenue officer of the State, all the public moneys thereof passing through his hands; he is ex-officio Insurance Commissioner, and as such, appoints the State Fire Marshal.
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