History and government of West Virginia, Part 23

Author: Lewis, Virgil Anson, 1848-1912. dn
Publication date: 1912
Publisher: New York, Cincinnati [etc.] American Book Company
Number of Pages: 846


USA > West Virginia > History and government of West Virginia > Part 23


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24


Treasurer of State .- Term four years; salary, $5,000 per annum; issues checks for State obligations on warrants therefor from the Auditor of State.


Attorney- General. - Term, four years; salary, $5,000 per annum; must have been a citizen of the State five years preceding his election, and be not under twenty-five years of age; is the legal adviser of the Gov- ernor and other State officials. Is ex-officio Reporter of the Supreme Court of Appeals.


Commissioner of Agriculture .- Term, four years; salary, $5,000 per annum; must be a practical farmer and thus engaged for a period of at least ten years next pre- ceding his election to office; is at the head of the Depart- ment of Agriculture.


Board of Public Works .- Composed of the Gover- nor, Secretary of State, State Superintendent of Free Schools, Auditor of State, Treasurer of State, Attorney- General, and Commissioner of Agriculture. Assesses value of all public utilities of the State; designates the banks in which State moneys are to be kept.


Board of School Fund .- Composed of the Governor, who is ex-officio President; the Auditor of State, who is ex-officio Secretary; the Treasurer of State; and the


387


STATE, COUNTY AND DISTRICT GOVERNMENT.


State Superintendent of Free Schools; has control of the "Permanent School Fund."


Commissioners of Public Printing .- Three in number, namely the Auditor of State, Treasurer of State, and the State Superintendent of Free Schools. Let contracts every two years for the public printing of the State; all contracts must be approved by the Governor.


State Senators .- Thirty in number; two from each Senatorial District; one elected biennially for the term of four years: compensation five hundred dollars a year, and mileage of ten cents per mile to and from the seat of government; must be at least twenty-five years of age.


Members of the House of Delegates .- Ninety-four in number; term, two years; compensation, five hundred dollars a year, and mileage of ten cents per mile to and from the seat of government.


OFFICIALS APPOINTED BY THE GOVERNOR


Staff Officers .- The Governor's Staff consists of the Adjutant-General, with the rank of Brigadier-General; and in addition thereto, six aides with rank not above that of colonel, may be detailed from the National Guard. The Governor may appoint and commission an honorary staff to serve during his term of office, of such number as he may deem advisable, and with such rank as he may fix; but this is not a part of the regularly organized militia.


Adjutant-General .- Term, four years; salary, $3,600 per annum; performns, in time of peace, the duties of chief of the pay, quartermaster, and ordnance depart- ments.


-


388 HISTORY AND GOVERNMENT OF WEST VIRGINIA.


Brigadier-General of the West Virginia National Guard .- Term, four years; salary, $15.07 per day while employed in active service.


State Compensation Commissioner .- Created by act passed February 20, 1915; salary, $6,000 per annum; term, six years; administers workmen's compensation law.


Public Service Commission .- Created by act passed February 20, 1913. Three members; term, six years; salary, $6,000 each per annum. Has jurisdiction over railroads, express companies, and other common carriers; also over telegraph, telephone, pipe line, and water com- panies, and companies furnishing gas and electricity.


The State Board of Control .- Created by act passed February 22, 1909. Three members; term, six years; sal- ary, $5,000 each per annum; has control of the Hunting- ton State Hospital; the Spencer State Hospital; the Weston State Hospital; the Penitentiary; the West Virginia In- dustrial School for Boys; the West Virginia Industrial Home for Girls; Welch Hospital Number One; McKendree Hospital Number Two; Fairmont Hospital Number Three; State Tuberculosis Sanitarium; and the West Virginia Colored Orphans' Home. The appropriations are to be expended upon the approval of the Board of Control. It also has charge of the financial affairs of the institutions controlled by the State Board of Regents.


State Board of Education .- Created in 1919: Seven members, including the State Superintendent of Free Schools; term, six years, one appointed each year by the Governor; salary (except the State Superintendent, who receives only his expenses) is $1,000 per annum, and actual expenses. Has control of the educational depart- ments of the West Virginia University, the Potomac State


389


STATE, COUNTY AND DISTRICT GOVERNMENT.


School, the New River State School, West Virginia Schools for the Deaf and Blind, the State Normal School and its branches; the West Virginia Collegiate Institute, and the Bluefield Colored Institute. Has authority to provide state courses of study and to adopt text books in the elementary grades for uniform use in the State, except in towns having a population of 3,500 or more. In adopting text books it requires five votes to make a change and no more than thirty per cent of the subjects required to be taught in the elementary schools of the State shall be changed at any five-year adoption, unless it be necessary to make more changes to protect the public against exorbitant prices. There is an "Advisory Council" to the State Board of Education, composed of two negroes appointed by the Governor for a term of four years at $1,000 per annum. Their advice is limited to the negro schools of the State.


State Tax Commissioner .- Office created by an act of August 11, 1904. Term, six years; salary $6,000 and traveling expenses, not to exceed $1,000 per annum, duties are to see that all laws concerning levies, assess- ments, and collection of taxes are faithfully enforced.


Prohibition Commissioner .- Appointed by the Governor at a salary of $5,000. The duties of this office were formerly included with those of State Tax Com- missioner.


State Historian and Archivist .- Office created in 1905; term, four years; salary, $2,700 per annum; is custodian of the State Archives, Museum, and is Libra- rian of its Historical and Miscellaneous Library.


Chief of the Department of Mines .- Established in 1883; salary; $5,000 per annum; appoints fifteen Dep-


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1


1


1


390 HISTORY AND GOVERNMENT OF WEST VIRGINIA.


uty Mine Inspectors, enforces mining laws relating to the safety of employees in the mines.


Pardon Attorney .- Term, four years; salary, $4,000 per annum; examines all applications for pardon from persons confined in the State prison, and reports the re- sult thereof to the Governor.


Game and Fish Commission .- This Commission consists of three members, who serve without pay, but who maintain an office at the Capitol and appoint a Chief Game Protector and such Deputies as may be necessary. Enforces the laws for the protection of the forests, game, and fish of the State, and prosecutes those who violate them.


Commissioner of Banking .- Term, four years; sal- ary, $5,000 per annum; duty to examine into the affairs of all the banks and other financial institutions incor- porated and doing business under the laws of the State, other than national banks.


State Hotel Inspector .- Created by act passed Feb- ruary 21, 1913. Salary, $1,500 and traveling expenses; inspects hotels and restaurants at least once annually.


Veterinary Examining Board .- Act of February 10, 1915. Three competent veterinarians. Term, six years; actual expenses allowed. Duty is to examine and regis- ter veterinarians.


State Commissioner of Labor .- Act of February 21, 1889. Term, four years; salary, $3,600 per annum and actual expenses; makes annual reports to the Gov- ernor relating to all departments of labor.


State Commissioner of Health .- Created by act passed February 21, 1915. Term, four years: salary.


391


STATE, COUNTY AND DISTRICT GOVERNMENT.


$4,800 per annum and actual expenses. He must be a physician skilled in sanitary science, experienced in pub- lic health administration. Duty, is to administer the laws and regulations of the State Department of Health; ex-officio member of the public health council.


Board of Examiners in Optometry .- Act of Feb- ruary 26, 1909. Consists of five members.


Board of Dental Examiners .- Act of February 20, 1897. Five in number; term, four years; compensation, fees. Examines and issues certificates to dentists who practice in the State.


State Board of Embalmers .- Act of February 24, 1899. Consists of one member from each Congressional District; term, four years; salary, $2 a day, and neces- saty expenses; examines and issues certificates to all qualified applicants who desire to carry on the business of embalmers or undertakers.


The Berkeley Springs Board .- Five members; can- not be appointed from any county adjoining Morgan county; holds office at the pleasure of the Governor; con- trols the Berkeley Springs property for the State.


State Road Commission .- Act of 1921. Three members; salary, $7,500. Has charge of building roads in the State, expending therefor the proceeds of the issue of $50,000,000 of bonds voted at the general election in in 1920. These roads shall connect the various county seats of the State.


West Virginia Humane Society .- Act of February 17, 1899. This Society consists of one member from each Congressional District; has branches in all the cities


392 HISTORY AND GOVERNMENT OF WEST VIRGINIA


and larger towns; objects are to prevent cruelty to chil- dren, to the aged, and also to dumb animals.


Board for the Examination of Accountants .- Act of February 14, 1911. Consists of two Accountants and an Attorney-at-Law; term, three years; compensation, fees. Examines and issues certificates to persons desir- ing to act as public Accountants of the State.


Department of Public Safety (State Police) .- The superintendent of this department is appointed by the Governor, salary, $4,000.


Superintendents of State Institutions .- One each for the Weston State Hospital, Spencer State Hospital, Huntington State Hospital, Industrial Home for Girls at Salem, Industrial School for Boys at Pruntytown, State Penitentiary at Moundsville.


Vaccine Agents .- Act of March 24, 1873. Three in number; term, four years; residence, one at each of the following places: Charleston, Martinsburg, and Wheeling ; compensation, $50 each per year.


Notaries Public .- Governor appoints in each of the counties of the State; term, ten years; compensation, fees; administer oaths and take depositions; take ac- knowledgments of deeds; issue warrants for persons about to engage in a prize fight; may demand payment of, and protest for nonpayment on notes, checks, bills, etc.


Board of Pharmacy .-- Act of February 21, 1881. Consists of five members, licensed pharmacists actually engaged in practice of pharmacy. Term, five years; compensation, $5 per day and actual expenses. Ex- amines and issues certificates to applicants desiring to engage in the business of druggist.


393


STATE, COUNTY AND DISTRICT GOVERNMENT.


APPOINTED BY THE AUDITOR OF STATE


The Fire Marshal .- Created by act of February 23, 1909. Holds office at the pleasure of the Auditor; salary, $4,000 per annum; duty is to investigate the cause, origin, and circumstances of every fire occuring in the State when the damage exceeds fifty dollars.


OFFICIALS APPOINTED BY LEGISLATIVE ENACTMENT


Commission of the State Geological and Eco- nomic Survey .- Composed of the Governor, Treasurer of State, President of the West Virginia University, President of the State Board of Agriculture, and the Director of the West Virginia Agricultural Experiment Station; serves without pay, reimbursed for actual ex- penses incurred in the performance of duties; has general charge of the Geological and Economic Survey of the State; appoints a geologist as Superintendent of the same, and such assistants and employees as may be deemed necessary. Makes examination of the geological formation of the State; examination and classification of the soils and their adaptability to particular crops; ex- amination of the forest and timber lands of the State; and examination of the physical features of the State.


Anatomical Board of West Virginia .- Created by an act passed February 16, 1901. Consists of the pro- fessor of Human Anatomy, the professor of Comparative Anatomy, and the professor of Pathology in the College of Medicine at the West Virginia University. Receives bodies of those who die unclaimed in any almshouse, prison, morgue, hospital, or asylum in West Virginia, for scientific uses and purposes of the College.


-


394 HISTORY AND GOVERNMENT OF WEST VIRGINIA.


There was created at the last Legislature a "Bureau of Negro Welfare," the head of which gets $3,600 salary; an Industrial School for colored boys; an In- dustrial School for colored girls; State Board of Children's Guardians; a Commission on Uniform State Laws; a Capitol Building Commission, to erect a new Capitol; a Child Welfare Commission; and a Parole Board, ap- pointed by the Governor, to serve during his pleasure.


JUDICIAL OFFICERS ELECTED BY THE PEOPLE


Judges of the Supreme Court of Appeals .- Five in number; term, twelve years; salary, $8,000 each per annum; constitute the Court of Last Resort; hold two terms of court annually at Charleston, begining in Jan- uary and September; have both original and appellate jurisdiction. Extra terms may be held at such other place or places within the state as the court may designate.


Judges of the Circuit Court .- Twenty-four in number, that is, one in each of the twenty-three Judicial Circuits, except in Ohio county, where there are two; term, eight years; salary, $5,000 each per annum in Circuits having a population of less than sixty thousand, and $5,500 in Circuits having a population of more than sixty thousand.


Judges of the Criminal Court .- One each in the counties of Cabell, Fayette, Harrison, Kanawha, Marion, Mercer, McDowell, Ohio, Wood, and Raleigh; term, six years, except in Fayette, where it is four years; salaries $4,500 per annum.


3


395


STATE, COUNTY AND DISTRICT GOVERNMENT.


OFFICIALS APPOINTED BY THE SUPREME COURT


State Law Librarian .- Office established in 1868; formerly appointed by the Governor, now by the State Supreme Court; salary, $3,000 per annum; is custodian of the State Law Library.


COUNTY OFFICIALS ELECTED BY THE PEOPLE


County Officers' Salaries .- Act of February 20, 1915, fixes the salaries of sheriffs, clerks of county courts, clerks of the circuit courts, and prosecuting attorneys in each county, and requiries the payment of all fees into the county treasury. The act takes effect for the compen- sation of sheriffs and prosecuting attorneys in 1917, and of the clerks of the county and circuit courts in 1921.


Sheriff .- Term, four years. Collects State tax and license fees and pays same to the Auditor of State; col- lects the county revenues and disburses the same on the order of the County Court.


Prosecuting Attorney .- Term, four years; is attor- ney for the State in actions at law.


Commissioners of the County Court .- Three in number; compose the County Court; term, six years; compensation, as stated on page 326; have custody, through the Clerk, of all deeds and other papers pre- sented for record in the County; establish and regulate all roads, ways, bridges, public landings, and ferries; lay and disburse all county levies; have jurisdiction in all matters of probate and the appointment and qualification of personal representatives, guardians, committees, cura- tors, and the settlement of their accounts.


Clerk of the County Court .- Term, six years; is custodian of the seal of the County Court, and of all


396


HISTORY AND GOVERNMENT OF WEST VIRGINIA.


deeds and other papers which are made matters of record in his office.


Clerk of the Circuit Court .- Term, six years; is custodian of the seal of the Circuit Court, and of all books, documents and papers pertaining to said Court.


Assessor .- Term, four years; annual compensation varies in the several counties from $1,000 to $2,100; col- lects poll tax, and values for purposes of taxation all real and personal property.


County Superintendent of Free Schools .- Term, four years; salary, based on the number of schools in the several counties, varies from $1,250 to $2, 700 per annum; must be a person of successful experience in teaching or supervising schools, and hold a first-grade certificate or its equivalent.


Surveyor of Lands .- Term, four years; compensa- tion, fees only; executes all orders of any Court for the survey of any lands in his county; and all surveys must be made by horizontal measurements.


COUNTY OFFICIALS APPOINTED BY THE BOARD OF PUBLIC WORKS


Board of Equalization and Review .- One in each county, consisting of three members; term, four years; compensation, $4 per day for not exceeding twenty-five days in any one year. Reviews and equalizes the assess- ment of property as returned by the Assessor.


OFFICIALS APPOINTED BY THE CIRCUIT COURT


Commissioner of School Lands .-- Term, at the pleasure of the Court; compensation, fees and commis-


-


397


STATE, COUNTY AND DISTRICT GOVERNMENT.


sions; reports to the Auditor and makes sale of school lands, that is, of lands for which no title exists, or that have been sold for taxes and purchased by the State.


OFFICIALS APPOINTED BY THE COUNTY COURT


County Road Engineer .- Appointment is optional with the Court; term, two years; compensation varies in the several counties from $300 to $3,000 per annum; must be a practical roadmaker or civil engineer, who shall be competent to establish grades and keep the roads in order as provided by law.


Coroners .- Term, at the pleasure of the Court; com- pensation, $2 per day while employed in official capacity; examine into the cause of death of persons found dead, if there is reason to believe that the death was caused by unlawful means.


Commissioners of Accounts .- Not more than four in number; compensation, fee only; have general super- vision over all fiduciaries qualified in their county, and are required to make settlement therewith and report same to the County Court.


Road Supervisors .- One for each Magisterial Dis- trict in counties where there is no County Road Engi- neer; compensation, not to exceed $2.50 per day while actually engaged in the official capacity.


Overseers of the Poor .-- One for each Magisterial District in the county; term, two years; compensation, not to exceed $1.50 per day while necessarily employed in the duties of their offices.


398


HISTORY AND GOVERNMENT OF WEST VIRGINIA.


MAGISTERIAL DISTRICT OFFICERS ELECTED BY THE PEOPLE


Justices of the Peace .- One in each Magisterial District having a population less than twelve hundred, and two may be elected when the population exceeds that number; term, four years; compensation, fees.


Constables .- One for each Magisterial District hav- ing a population less than twelve hundred, and two may be elected if the population exceeds that number; term, four years; compensation, fees.


Board of Education .- Consists of a President and two School Commissioners; term of President, four years, of the Commissioners, two years; compensation, $3 per day, not to exceed fifteen days for the President, nor ten days for each Commissioner in any one year. Has supervision of schools and power to levy a school tax.


OFFICIALS APPOINTED BY THE MAGISTERIAL DISTRICT BOARD OF EDUCATION


Secretary of the Board of Education .- Term, one year; salary varies with the number of schools, from $40 to $385 per annum, and $410 additional for making report to the County Superintendent; records the official proceedings of the Board and keeps its accounts.


School Trustees .- Three in each subdistrict; term, three years; serve without compensation; appoint teach- ers; purchase supplies for school and have general con- trol of the schoolhouse and other school property.


Truant Officer .- Term, one year; compensation, such amount as the Board of Education may determine; en- forces the law requiring pupils to attend school.


APPENDIX I. -


TABLE-Showing Population of West Virginia, by Counties, from 1790 to 192).


COUNTIES


1920


1910


1900


1890


1880


1870


1860


1850


1840


1830


1820


1810


1800


1790


Barbour ...


18,028


15,-58


14,198


12,702


11,870


10,312


8,958


9,005


Berkeley ..


21,554


21,999


19, 169


18,702


17,380


14,900


12,525


11,771


10,972


10,518


11,211


11,479|


22,006


19,713


Boone . .


15,319


10,331


8,194


6,885


5,824


4,553


4,810


3,237


Braxton ...


23,973


23.023


18,901


13,928


9,787


6,480


4,992


4,212


2,575


Brooke ...


16,527


11,098


7,219


6,600


6,013


5,4C4


5,494


5,054


7,981


7,041


6,631


5,843


4.706


Cabell ....


65.716


46,080


29,252


23,595


13,744


6,429


8,020


6,299


8,163


6.881


4,789


2,717


Calhoun . .


10,268


11,258 :


10,233


8,248


4,659


3,460


2,1961


1,787


I'ddridge


11,976


12,572


13,689


12,183


10,552


7,076


5,203


2,750


l'avette ..


60,377


51,903


31,957


20,512


11,560


6,647


5,997


3,955


3,924


Gilmer ....


10,668


11,379


11,762


9,746


7,108


4,338


3,759


3,475


Grant ...


.5,993


7,858


7,275


6,802


5,542!


4, 16g


Greenbrier


26,212


24,-33


20,683


18,034


15,060


11,417


12.211


10,022


8,695


9,006 11,279


7,011 10,889


5,914


4,345


6,015


Hampshire


11,713


11.691


11,806


11,419


10,366


7,643


13,913


11,036


12,295


Hancock ..


14.975


10,465


6,693


6,414


4,882


4,363)


4,445


4,050


Hardy .


9,163


8,11!


7,567


6,794


5,518


9,864


9,543


7,692


6,798


5,700


5,525


6,627


7,336


Harrison


71.793


45,381


27.690


21.919


20,181


16,714


13,790


11,728


17,669


14,722


10,932


9,958


4,848


2,080


Jackson .


18,655


20,956


15,889


15,935


15,553


15,005


13,219


14,535


15,357!


14,082


12.927


13,087


11,851


Kanawha


110,650


81,457


51,696


42.756


32.466|


22,349


16,150


15,353|


13,567


9,326


6,399


3,866


3,239


J.#wis ..


20, 155


18,281


11:,980


15,895


13,269|


10.175


7,999


10,031


8,151


6,211


4,2-17


Lincoln


19,278


20,491


15.434


11,246


8,739


5,053


Logan.


41,006


14,476


6,955


11,101


7,329


5,124


4,938


3,620


4,309


3,680


Mebowell.


68.571


47.8 6


18,747


7,300


3,074


1,952


1,535


64.57]


42,791


82,130


20,721


17,198


12,107


12.692


10,552


Marshall .


32.38*


23,111


20.755


18,840


14,941


12,992


10,13×


6,937


Mer.er.


35.371


23.023


16,002


7,-167


7,064


6,819


4,223


2,233


.


.


16.671


12,8531


13,065


8,630;


6.332


9,173|


7,539


6,777


6,531


4,808


1,991


23,019


21,1121


22.863


22,293|


15,978


8.306


6,514


4.890


9,784


8,348


7,346


Jefferson .


1.700


19.02]


16,312


10,300


6,072


2,939|


2,502


11,156


10,266


8,155


399


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TABLE-Showing Population of West Virginia, Etc .- Continued.


COUNTIES


1920


1910


1900


1890


1880


1870


1860


1860


1840


1830


1820


1810


1800


1790


Mingo.


26,364


19,431


11,359


15,705


14,985


13,547


13.048


12,387


17,368


14,056


11,060


12,903


8,540


4,768


Monroe ..


13,141


13,055


13,130


12,429


11,501


11,124


10,757


10,204


8,420


7.798


6,580


5,4 14


4,188


Morgan .


8.357


7,518


7.291


6,744


5,777


4,315


3,739


3,557


4,253


2 694


2,500


Nicholas . . .


20,717


17,699


11,403


9,309


7,223


4,458


4,627


3,963


2,515


3,346


1,853


8,175


4,740


5,212


Pendleton ..


9.652


9,919


9,187


8,711


8,0:22


6,455


6.164


5,795


6,940


6,271


4,845


4,239


3,962


2,452


Pleasants ..


7,379


8,071


9,345


7,539


6,956


3,012


2,945


Pocahontas


15,002


14,740


8,572


6,814


5,591


4,0.69


3,958


3,598


2,999


2,542


Preston ...


27,996


26,341


22,727


20,355)


19,091


14,565


13,312


11,708


6,866


5,144


3,422


Putnam .


17,531


18,587


17,330


14,342


11,375


7,791


6,301


5,335


Raleigh


42,482


25,633


12,436


9,597


7,367


3,673


3,367


1,765


Randolph ..


26,801


26,028


17,670


11,633


8,102


5,563


4,990


5,243


6,208


5,000


3,357


2,851


1,826


951


Ritchie ..


16,506


17,875


18,901


16,621


13,474


9,055


8,847


3,902


Roane


20,129


21,542


19,5521


15,303


12.184


7,239


5,381


Summers ..


19,092


18.1201


16,265


13,117


9,033


12,147


11,455


9,367


7,463|


5,367


Tucker ...


16,791


18,675


13,433


6,459


3,151


1,907


1,425


Tyler


14,186


16,211


18,252


11,962


11,073


7,832


6,516


5,498


6,954


4,104


2,314


l'pshur .


17.851


16,629


11,690.


12,711


10.249


8,423


7,092


Wayne ..


26,012


24,0-1


23,619


18,659


14.739


7,852


6,747


4,760


Webster.


11,562


9,680


8,862


4,783


3,207


1,730


1.555


Wetzel ..


23,069


23,555


22,850


16,841


13,896


8,595


6,703


4,284


Wirt ...


7,536


9,047


10,284


9.411


7.104


4,801


3,751


3,353


Wood .


12,306


33,001


31,452


28,612


25,006


19,000


11,046


9,450


7,923


6.429


5,860


3,036


1,217


Wyoming ..


15,180




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