USA > West Virginia > History of West Virginia > Part 30
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Sixth Del. Dist .- A. B. Wells, Jacob Salisbury.
JOSEPH J. WOODS
Speaker.
J. B. PEYTON
Clerk.
GEORGE P. SARGENT Sergeant-at-Arms.
JAMES P. NEALIS Doorkeeper.
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HISTORY OF WEST VIRGINIA.
(*) James A. Boggs, of Braxton, was elected, De- cember 21, 1882, to fill the vacancy caused by the death of John H. Cunningham, who died on the pre- ceding 8th of November.
(+) James T. McMechen was elected on the 4th of January, 1883, to fill the vacancy caused by the resig- nation of W. A. Cooper, of Wood.
January 24, 1883, the Legislature met in joint ses- sion, and proceeded to ballot for United States Sen- ator. The result was the election of John E. Kenna, whose term began March 4, 1884, as the successor of Henry G. Davis.
SEVENTEENTH LEGISLATURE.
Convened at Wheeling, January 14, 1885. Adjourned February 27, 1885.
SENATORS.
First District-J. B. Sommerville, N. B. Scott.
Second-B. W. Price, Jacob Cochran. (*) Third-Presley W. Morris, G. Warren Hays. Fourth-E. D. J. Bond, Anthony Smith. Fifth -- Charles L. Brown, William Woodyard.
Eighth-Marion Gwinn, J. G. Lobban. Ninth-J. W. Morrison, Jr., B. W. Byrne.
Tenth-Stark W. Arnold, M. W. Co- burn. Eleventh-W. M. O. Dawson, W. C. McGrew.
Sixth -- Rufus Switzer, G. G. Burgess.
Seventh-John W. McCreery, J. B. Floyd.
Twelfth-Samuel F. Flournoy, George E. Price. Thirteenth-Algeron R. Unger, Jacob S. Melvin.
GEORGE E. PRICE
President.
JOHN D. ALDERSON Clerk.
S. A. HAYS
Sergeant-at-Arms.
D. O. KELLEY
Doorkeeper.
(*) Elected to fill the vacancy caused by the death of D. M. IIostutler.
DELEGATES.
Barbour County-S. C. Rusmisell. Berkeley-James HI. Smith, I. B. Snod- grass.
Boone-Wm. Workman.
Braxton-Benjamin F. Fisher. Cabell-John B. Laidley. Calhoun-Charles H. Richardson. Doddrige-E. G. Taylor. Fayette -- W. J. Davies.
Gilmer-Robert R. Marshall.
Greenbrier-William H. McClung. Hampshire-Henry B. Gilkeson.
Harrison-Ira G. Post, Jesse F. Ran- dolph. Jackson-J. P. Campbell, S. HI. Hayman. Jefferson-R. P. Chew, Daniel B. Lucas. Kanawha - J. B. Fleming, H. C. Mc Whorter, A. A. Rock
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HISTORY OF WEST VIRGINIA.
465
DELEGATES-CONTINUED.
Lewis-George I. Davisson. Lincoln-B. H. Oxley.
Logan-M. S. Ferrell.
Marion-Alpheus F. Haymond. Marshall-Frank Arnoid, George Ed- wards. Mason-A. G. Beard, J. O. Sayre. Mercer-A. C. Davidson.
Mineral -- John F. Gilmore.
Monongaria -John E. Price.
Monroe-George Alderson.
Morgan-S. J. Hawvermale. Nicholas - H. C. Callison.
Ohio-J. J. Jacob, William Myles, Ed- ward Robertson, Robert White.
Pendleton-Jacob Hinkle.
Pleasants -- John J. Poynton.
Fifth Del. Dist .- Harmon Snyder.
Preston - Thomas Fortney, W. H. Glover.
Sixth Del. Dist .- Andrew Parks, Jesse Roach.
R. F. DENNIS
Speaker.
J. B. PEYTON .
Clerk.
THORNTON HENSHAW
Serg ant-at Arms.
A. W. WERNINGER
Doorkeeper.
EIGHTEENTH LEGISLATURE.
Convened at Charleston, January 12, 1887. Adjourned, February 25, 1887.
SENATORS.
First District-N. B. Scott, J. B. Som- merville.
Second-J. H. Furbee, B. W. Price. Third-Edwin Maxwell, P. W. Morris. Fourth-J. D. Sweeney, E. D. J. Bond. Fifth-William Woo tyard, C. L. Brown. Sixth-E. M. McAlli ter, Rufus Switzer. Seventh-B. H. Oxley, John W. Mc- Creery. Eighth --- M. Van Pelt, Marion Gwinn.
Ninth-R. S. Carr, J. W. Morrison, Jr. Ten'h-A. C. Minear, Starke W. Ar- nold. Eleventh-Joseph Snyder, W. M. O. Dawson. Twelfth-George E. Price, Samuel L. Flournoy. Thirteenth-J. Howard Gettinger, Al- geron R. Unger.
GEORGE E PRICE
President. Clerk.
JOHN D. ALDERSON
J. H. MARCUM
Sergeant-at . Arms.
T. J. GRASS
Doorkeeper.
DELEGATES.
Barbour County-D. W. Shaw. Berkeley --- G. M. Bowers, G. H. Ropp. Boone --- L. D. Hagar. Braxton -Peyton Byrne. Cabell- Andrew Ro-ebury. Calhoun-J. M. Hamilton.
Putnam-Charles McGill.
Raleigh-Aden Thompson. Ritchie-W. G. Miller. Summers-John G. Crockett. Taylor- David Powell. Tyler-William W. Givens. Upshur-J. S. W. Dean. Wayne-C. W. Ferguson. Wetzel-Aaron Morgan. Wirt-W. C. McConaughey.
Wood-Robert Alexander, James T. Mc Mechen, Samuel T. Stapleton. First Del. Dast .- E. J. Owings. Second Del. Dist .- Wilbur F. Dyer. Third Del. Dist .- L. B. Chambers. Fourth Del. Dist .--- C. P. Dorr.
Doddridge-E. J. Tavlor. Fayette-J. S. Kincaid. Gilmer-R. F. Kidd. Greenbrier-J. M. Sydenstricker, W. H. McClung, Hampshire-A. L. Pugh.
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HISTORY OF WEST VIRGINIA.
DELEGATES-CONTINUED.
Harrison-Henry Haymond, M. G. Holmes.
Pendieton-J. J. Hiner.
Pleasants-Oliver Gorrell.
Jackson-J. E. Brown, George B. Crow. Jefferson-D. B. Lucas, R. P. Chew.
Preston-J. P. Jones, J. T. Hoke.
Putnam-D. H. Gates.
Kanawha-H. C. McWhorter, W. H. Toler, L. H. Oakes.
Lewis -- G. I. Davisson.
Lincoln-B. S. Chambers.
Logan-H. C. Ragland.
Marion-George W. Kinsey, Jesse F. Sturm.
Marshall-Josiah Sinclair, J. T. Mc- Combs.
Mason-J. S. Spencer, J. L. Hensley.
Mercer-W. M. Reynolds.
Mineral-William Middleton.
Monongalia-J. M. Hagans.
Second Del. Dist .- J. J. Chipley.
Monroe-J. M. Rowan.
Third Del. Dist .-- W. H. H. Cook.
Morgan-Lewis Largent.
Fourth Del. Dist .- Henry A. Yeager.
Nicholas-J. E. Peck.
Fifth Del. Dist. - J. F. Harding.
Ohio -- J. J. Woods, C. J. Gleason, A. D. Garden, N. E. Whittaker.
Sixth Del. Dist .- P. B. Cochran, Fred- erick Gandee.
JOHN M. ROWAN
. Speaker.
J. B. PEYTON
Clerk.
C. P. DORR
Sergeant-at-Arms.
MICHAEL B. DEVINE
Doorkeeper.
Raleigh-W. C. Riffe. Ritchie-J. M. Mckinney.
Summers- John G. Crockett.
Taylor-A. H. Thayer.
Tyler-Silas Smith.
Upshur-Stillman Young.
Wayne-C. W. Ferguson.
Wetzel-Jacob Cochran.
Wirt-J. W. Depue.
Wood -- W. N. Chancellor, A. A. Kel- lar, R. L. Woodyard.
First Del. Dist .- I. H. Duval.
It was during this session that there occurred the most excting contest for the election of a United States Senator that has taken place since the formation of the State. The balloting began on the 25th of January, when Johnson M. Camden, S. C. Burdette, WV. H. H. Flick, Nathan Goff, and James H. Brown were placed in nomination. February 25th the Legislature ad- journed, having balloted nearly every day for a month without an election. Three days later, February 28th, Governor Wilson appointed Daniel B. Lucas, of Jef- ferson county, to fill the vacancy occurring on the 4th of March. March 3d Mr. Lucas resigned his seat as a member of the House of Delegates and accepted the appointment conferred upon him. Two days later the Governor issued a proclamation convening the Leg- islature in extra session, in obedience to which that body
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HISTORY OF WEST VIRGINIA.
reassembled on the 20th of April, and remained in ses- sion until the 9th of May, having, on the 5th of May, elected Charles J. Faulkner United States Senator. The result was a contest which by the United States Senate in December following was decided in favor of Mr. Faulkner.
NINETEENTH LEGISLATURE.
Convened at Charleston, January 9, 1889. Adjourned, February 22, 1889. SENATORS.
First District-N. B. Scott, B. J. Smith. Second -- J. H. Furbee, J. W. Yeater.
Third-Edwin Maxwell, P. W. Morris. Fourth-J. D. Sweeney, M. R. Low- ther.
Fifth-Wm. Woodyard, A. R. Camp- bell.
Sixth-E. M. McCallister, B. J. Prich- ard Seventh-B. H. Oxley, J. W. McCreery.
Eighth-M. Vanpelt, John W. Ar- buckle.
Ninth-R. S. Carr, J. W. Morrison.
Tenth-A. C. Minear, Thos. E. Davis. Eleventh-Joseph Snyder, William G. Worley.
Twelfth-George E. Price, S. L. Flour- noy.
Thirteenth-J. Howard Gettinger, C. H. Knott.
ROBERT S. CARR
President.
GEORGE J. WALKER
Clerk.
STEELE R. HAWKINS
Sergeant-at-Arms.
JAMES A. MADISON
Marshall-J. T. McCombs, S. R. Hanan.
Mason-J. V. Stearne, T. L. Davies.
Mercer-R. G. Meador.
Mineral-J. P. Williams.
Monongalia-Edgar W. St. Clair.
Monroe-John P. Shanklin.
Morgan-G. F. Weber.
Nicholas-John E. Peck.
Ohio-A. D. Garden, L. F. Stifel, J, J. Woods, John Corcoran.
Pendleton-George A. Blakemore.
Pleasants -- R. G. Hammett.
Preston-U. N. Orr, M. S. Bryte.
Putnam-J. W. Kirk.
Raleigh-Azel Ford. Ritchie-J. C. Gluck.
Summers-John W. Johnston.
Taylor-A. H. Thayer. Tyler-Silas Smith.
Upshur-Stillman Young.
Wayne-Robert Napier.
DELEGATES.
Barbour County-David W. Shaw. Berkeley -- Joseph G. Kitchen, George W. Buxton.
Boone-Jacob C. Edelman.
Braxton -- George Goad.
Cabell-Henry J. Samuels.
Calhoun-Henry A. Altizer.
Doddridge-J. W. Stuck.
Fayette-Charles Hill.
Gilmer-William H. Jack.
Greenbrier-J. M. Sydenstricker, Wm. H. McClung.
Hampshire-A. L. Pugh.
Harrison-A. C. Moore, Gwinn Minter. Jackson-A. E. Archer, V. L. Casto.
Jefferson-B. D. Gibson, R. P. Chew. Kanawha-A. E. Aultz, D. Mayer, J. W. Parrish. Lewis-William E. Lively.
Lincoln-A. B. Shelton. Logan-W. E. Justice.
Marion-C. A. Pritchard, D. M. Harr.
Doorkeeper.
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468
HISTORY OF WEST VIRGINIA.
DELEGATES-CONTINUED.
Wetzel-Aaron Morgan.
Wirt-Lindsey Merrill.
Wood-W. Vrooman, L. F. Stone, J. M. Meyer.
First Del. Dist., Brooke and Hancock -I. H. Duval.
Second Del. Dist., Grant and Hardy- Joseph Sprigg.
Third Del. Dist., Wyoming and Mc- Dowell-William Bandy.
Fourth Del. Dist., Pocahontas and Webster-C. P. Dorr.
Fifth Del. Dist., Randolph and Tucker -W. L. Kee.
Sixth Del. Dist., Clay and Roane- B. J. Taylor and Jesse Roach.
J. J. WOODS
Speaker.
JOHN M. HAMILTON Clerk. W. B. GIBBS
Sergeant-at-Arms.
A. W. KNOTTS
Doorkeeper.
This was the most exciting session in the annals of the State. The House of Delegates organized on the first day of the session, while the Senate continued bal- loting for President from the 9th to the 2 1st of January, resulting on the latter day in the election of Robert S. Carr, of Kanawha county. On the 22d, the first vote for United States Senator was taken, but without result, and, with John E. Kenna and Nathan Goff as the strongest contestants, daily ballots were taken until the 21st day of February, when Kenna was declared elected, the vote standing : Kenna, 46; Goff, 45. In the meantime, Judge A. B. Fleming began a contest against General Nathan Goff for the office of Governor, and the Legislature adjourned without declaring the result of the preceding election as to the votes cast for the respective candidates for that office. The 4th of March came, and Governor E. W. Wilson claimed it as his duty to continue in office until the successor should be declared elected, but at twelve o'clock General Goff appeared at the capitol, when Judge H. C. McWhorter administered to him the oath of office. A few minutes later, Hon. Robert S. Carr, President of the Senate, entered the capitol and qualified as Governor, the oath being administered by Hon. A. D. McCorkle. He made
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469
HISTORY OF WEST VIRGINIA.
a formal demand for the office, quoting Section 16 of Article 7 of the Constitution as his authority. Governor Wilson repeated to President Carr the reply which he had made to General Goff. The question as to who shall be the legal Governor of the State is undecided as this goes to press, but the near future will bring a peaceable solution to the vexing question.
THE STATE CAPITAL.
At the time of the formation of the State, Wheeling became the Capital, and here the seat of Government continued until April 1, 1870, when in compliance with an act of February 20, 1869, it was removed to Charles- ton, which place was, by the act providing for the removal, declared to be the permanent capital. But it proved not to be such, for by another act of the Legis- lature, passed February 20, 1875, to take effect ninety days after its passage, it was again established at Wheel- ing "until otherwise provided by law." Citizens of Charleston enjoined the removal of the records from that city, and on the 20th of May, the Governor and other executive officers departed for Wheeling, but took no State property with them. Thus the State officers were at Wheeling and the archives at Charleston. The suit was carried before the Supreme Court of Appeals, where the injunction was dissolved and the archives removed and deposited in the Lindsey Institute build- ing, which had been occupied previously as a Capitol. In it the government remained until the completion of the State building in 1876, which the city of Wheeling had erected. Still great dissatisfaction existed, and February 21, 1877, the Legislature passed a bill sub- mitting the question of permanent location of the
470
HISTORY OF WEST VIRGINIA.
capital to the people, to decide by ballot whether it should be at Clarksburgh, Martinsburg or Charleston, the act declaring that the place receiving the largest number of votes should from and after the Ist day of May, 1885, be the permanent capital of the State. Charleston was successful ; work was at once begun on the capitol building at that place, and on the last date mentioned above the government made its final removal.
SUPREME COURT OF APPEALS.
This, the highest judicial body of the State, was organized at Wheeling, July 9, 1863. Under the first Constitution it consisted of three judges, who at the time of organization were William A. Harrison, Ralph L. Berkshire and James H. Brown. Judge Harrison was chosen President pro tempore; lots were cast and Berkshire drew the short term of four years; Brown that of eight years, and Harrison that of twelve years. The term of Berkshire, who was then made permanent president, expired in 1867, when he was succeeded by Edwin Maxwell, who was elected for the full term of twelve years. Harrison, because of failing health, resigned in June, 1868, when Berkshire was appointed to fill the vacancy. Upon the expiration of Brown's term in 1871, Charles P. T. Moore was elected for the full term. By the provision of the present Constitu- tion, which became operative in 1872, the Court was reorganized and the number of judges increased to four. Those elected at that time were A. F. Haymond and H. S. Hoffman for four years ; James Paull for eight years and Charles P. T. Moore for twelve years, he being the only one of the former judges that was
471
HISTORY OF WEST VIRGINIA.
reëlected. The Court reorganized in January, 1873. Haymond was reelected in October, 1876, but resigned in December, 1882, and Samuel Woods was appointed to fill the vacancy, and in October was elected for the remainder of the term, which expired in 1888, at which time Henry Brannon was elected for the full term. Hoffman resigned in June, 1876, when Mathew Edmis- ton was appointed for the unexpired term of seven months, at the termination of which in 1876, Okey John- son was elected for the full term of twelve years, and in 1889, was succeeded by John W. English, also elected for the full term. Judge Paull died May 11th, 1875, and in December following Thomas C. Green was appointed to fill the vacancy ; in October, 1876, he was elected for the unexpired term, and in 1880, for the full term. Judge Moore resigned June 1, 1881, and James F. Patton was appointed to fill the vacancy, but died March 28, 1882, when Adam C. Snyder was appointed; in October, 1882, he was elected for the remainder of the term, and in 1884 was reelected for the full term of twelve years. The Court is now com- posed of A. C. Snyder, T. C. Green, J. W. English and Henry Brannon. At the organization in 1863, Sylvanus W. Hall was chosen Clerk, and served until 1874, when he was succeeded by Odell S. Long, the present incumbent.
472
HISTORY OF WEST VIRGINIA.
LIST OF STATE OFFICERS FROM THE FORMATION OF THE STATE.
GOVERNORS.
1863-69, Arthur I. Boreman.
1869-71, William E. Stevenson.
1877-81, Henry M. Mathews. 1881-85, Jacob B. Jackson.
1871-77, John J. Jacob.
1885- E. Willis Wilson.
SECRETARIES OF STATE.
1863-65, J. Edgar Boyers.
1871-73, John M. Phelps.
1865-67, Granville D. Hall.
1873-77, Charles Hedrick.
1867-69, John S. Witcher. 1877-79, Sobieski Brady.
1869-71, James M. Pipes. 1879-85, Randolph Stalnaker.
1885- Henry S. Walker.
TREASURERS.
1863-67, Campbell Tarr.
1867-69, Jacob H. Bristor.
1869-71, James A. McCawley.
1871-75, J. S. Burdette.
1875-77, Sobieski Brady. 1877-81, Thomas J. West. 1881-85, Thomas O'Brien.
1885- W. T. Thompson.
ATTORNEYS GENERAL.
1863-65, A. Bolton Caldwell.
1871-73, Joseph H. Sprigg.
1865-66, Ephraim B. Hall.
1873-77, Henry M. Mathews.
1866-67, Edwin Maxwell. 1877-81, Robert White.
1867-69, Thayer Melvin.
1881-85, C. C. Watts.
1869-71, A. Bolton Caldwell.
1885- Alfred Caldwell.
AUDITORS.
1863-5, Samuel Crane. 1871-77, E. A. Bennet. 1865-9, Joseph M. McWhorter. 1877-85, Joseph S. Miller.
1869-71, J. R. Boggess. 1885- Patrick F. Duffy.
STATE SUPERINTENDENTS OF SCHOOLS.
1863-69, William R. White. 1872-73, W. K. Pendleton.
1869-70, Henry A. G. Ziegler. 1873-77, B. W. Byrne.
1870-71, A. D. Williams. 1877-SI, W. K. Pendleton.
1871-72, Charles S. Lewis. 1881-85, B. L. Butcher.
1885- B. S. Morgan,
ADJUTANTS GENERAL.
1863-64, Henry J. Samuels. 1871-76, State Supt. Schools, Adj .- Gen 1864-67, Francis P. Pierpont. ex-officio. 1867-69, Isaac H. Duval. 1876-SI, Edward L. Wood. 1869-71, Thomas M. Harris. 1881-85, William F. Butler.
ISS5- Edward L. Wood.
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HISTORY OF WEST VIRGINIA. 473
UNITED STATES SENATORS.
1863-71, Waitman T. Willey. 1876-77, Samuel Price.
1863-69, Peter G. Van Winkle. 1877-81, Frank Hereford.
1869-75, Arthur I. Boreman.
1881-87, Johnson N. Camden.
1871-83, Henry G. Davis. 1883-89, John E. Kenna (Reelected).
1875-76, Allen T. Caperton.
1887- Charles J. Faulkner.
MEMBERS OF CONGRESS. First District.
1863-65, Jacob B. Blair, Wood county.
1871-73, Benjamin Wilson, Harrison.
1865-69, Chester D. Hubbard, Ohio. 1873-75, John J. Davis, Harrison.
1869-71, I. H. Duval, Brooke. 1875-83, Benjamin Wilson, Harrison. 1883-89, Nathan Goff, Harrison.
Second District.
1863-65, William B. Brown, Preston. 1872-74, J. M. Hagans, Monongalia.
1865-67, George R. Latham, Upshur. 1874-76, Charles J. Faulkner, Berkeley.
1867-68, B. M. Kitchen, Berkeley. 1876-81, Benjamin F. Martin, Taylor.
1868-72, James C. McGrew, Preston. 1881-83, John Blair Hoge, Berkeley. 1883-89, William L. Wilson, Jefferson.
Third District.
1863-67, Kellian V. Whaley, Mason.
1867-69, Daniel Polsley, Mason.
1869-71, John S. Witcher, Cabell.
1871-77, Frank Hereford, Monroe. 1877-83, John E. Kenna, Kanawha. 1883-89, C. P. Snyder, Kanawha.
Fourth District. 1883-87, Eustace Gibson, Cabell. 1 1887-89, Charles E. Hogg, Mason.
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474
HISTORY OF WEST VIRGINIA.
CIVIL GOVERNMENT OF WEST VIRGINIA.
Legislative.
I. BRANCHES OF GOVERNMENT Executive. Judicial.
I. THE LEGISLATIVE BRANCH.
A .- THE SENATE.
I. Number -- Two from each Senatorial district.
2. Elected-By the people, one from each district every two years.
3. Term-Four years.
4. Qualifications-Twenty-five years of age; a resident of the State five years and of the district one year.
5. Salary-$4.00 per day when in session, and 10 cents mileage to and from the seat of government.
6. Powers and Duties.
(a) Elects its own officers.
(b) Punishes its members for disorderly conduct.
(c) Confirms or rejects nominations of the Governor.
(d) Originates bills and performs legislative functions.
(e) Passes, amends or rejects bills originating in the House.
(f) Acts as Court of Impeachment for trial of high public officers.
B .- THE HOUSE OF DELEGATES.
I. Number-Sixty-five members.
2. Elected-By the people.
3. Term-Two years; the entire House elected every two years.
4. Qualifications-Resident of county he represents one year preceding his election.
5. Salary- $4.00 per day during session, with 10 cents mileage to and from seat of government.
6. Powers and Duties.
(a) Elects its own officers.
(b) Prepares articles of impeachment and prosecutes impeach- ments before the Senate.
(c) Originates bills and performs legislative functions.
(d) Punishes its own members for disorderly conduct.
(e) Passes, amends or rejects bills originating in the Senate.
C .- THE LEGISLATURE (the House and Senate jointly).
I. Duration-Regular biennial session begins second Wednesday in Janu- ary, and continues but forty-five days, unless extended by a two-thirds vote of the Houses jointly.
2. Special sessions-Convenes on call of Governor.
3. Elects United States Senators.
4. Passes laws over Governor's veto by a two-thirds vote.
5. Counts vote and declares result of State elections.
6. Enacting clause-" Be it enacted by the Legislature of West Virginia."
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475
HISTORY OF WEST VIRGINIA.
II. THE EXECUTIVE BRANCH.
A .- THE GOVERNOR.
I. Elected-By the people every four years; is not eligible for re-election, and in case of death or resignation, conviction on impeachment, or failure to qualify, is succeeded by the President of the Senate.
2. Qualifications-Must be thirty years of age and a resident of the State- not less than five years.
3. Term of office-Four years.
4. Salary-$2700 per annum.
5. Powers and Duties.
(a) Commander-in-chief of State Military Establishment.
(b) Approves or disapproves all acts of the Legislature.
(c) Appoints Civil and Military officers, Boards of Directors and State Agents, by and with the advice and consent of the Senate.
(d) Convenes the Legislature in extra session.
(e) Signs commissions of State officers and issues certificates.
(f) Fills vacant State offices by appointment.
(g) Grants pardons and reprieves for offences against the State.
(h) Is President of Board of Public Works.
B .- EXECUTIVE DEPARTMENTS.
1. Secretary of State.
(a) Appointed by the Governor and confirmed by the Senate.
(6) Salary-$1000, and fees.
(c) Duties-Is the keeper of the State seals; keeps Journal of Executive proceedings, and arranges and preserves all records and papers belonging to the Executive Department.
(d) Is Secretary of Board of Public Works.
2. Treasurer.
(a) Has charge of the collection and disbursement of the public money.
(b) Elected by the people for four years.
(c) Salary is $1400.
3. Auditor.
(a) Elected by the people for four years.
(6) Salary-$2000.
(c) Draws warrants on the Treasurer for payment of money.
(d) Is ex-officio a Commissioner of State Printing.
4. Attorney General.
(a) Elected by the people for four years.
(6) Salary-$1300. ·
(c) Has charge of the Legal Department of the State.
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476
HISTORY OF WEST VIRGINIA.
1
5. Superintendent of Public Schools.
(a) Has general supervision of Free Schools.
(6) Salary is $1500.
(c) Is ex-officio a Commissioner of State Printing.
C .- BOARD OF PUBLIC WORKS.
I. Composed of the Governor, Auditor, Treasurer, Superintendent of Free Schools and Attorney General.
2. Powers and Duties.
(a) Designates what banks shall be State depositories.
(b) Has charge of all internal improvements.
(c) Appoints Collectors of Tolls.
III. THE JUDICIAL BRANCH.
A .- THE SUPREME COURT OF APPEALS.
I. Number of Judges-Four.
2. Elected-By the people for twelve years.
3. Salary-$2200 per annum.
4. Removable by Impeachment before the Senate.
3. Terms of Court-Three annually, held respectively at Charleston, Wheeling, and Charlestown, in January, June and August.
6. Original Jurisdiction-
(a) In cases of habeas corpus, mandamus and prohibition. 7. Appellate Jurisdiction-
(a) In civil cases, in controversies involving a greater amount than $100, exclusive of costs.
(6) Concerning title or boundary of lands, probate of wills, the appointment or qualification of a personal representative guardian, committee, or curator.
(c) Concerning a mill, roadway, ferry or landing.
(d) In cases relating to the right of a corporation to levy tolls or taxes.
(e) In cases of quo warranto, habeas corpus, mandamus, pro- hibition and certiorari, and all others involving freedom or the constitutionality of a law.
(f) Such additional jurisdiction as may be conferred by the Legislature.
(g) In criminal cases, where there has been a conviction for felony or misdemeanor in a Circuit Court.
(h) In cases relating to the public revenue : State can appeal.
477
HISTORY OF WEST VIRGINIA.
B .- THE CIRCUIT COURT.
I. Qualifications of Judge-Of good moral character and learned in the law.
2. Salary-$1800 per annum.
3. Original Jurisdiction-
(a) Of all matters of law where the amount involved exceeds $50.00, exclusive of interest and costs.
(6) Of cases of habeas corpus, quo warranto, mandamus and pro- hibition.
(c) Of all cases in equity, and of all crimes and misdemeanors. 4. Appellate Jurisdiction ---
(a) In all cases, civil and criminal, when an appeal, writ of error or supersedeas may be allowed to the judgment or pro- ceedings of any inferior tribunal.
(b) May supervise and control all proceedings before Justices and other inferior tribunals by mandamus, prohibition and certiorari.
(c) Such other jurisdiction as may be conferred by law.
C .-- THE COUNTY COURTS.
I. Number of Commissioners-Three.
2. Powers and Duties.
(a) Has custody, through its clerk, of all deeds and other papers presented for record in their county.
(6) Has jurisdiction in all matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts.
(c) Has superintendence of internal police and fiscal affairs of the county, including the establishment and regulation of roads, ways, bridges, public landings and ferries, with authority to lay and disburse county levies.
(d) Its power to grant license for sale of intoxicating liquors is exclusive.
(e) It sits in all cases of contest of its own members and all county and district officers.
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