Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 77

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...upon implication. Of course some implications are stronger than others, but that does not affect the principle. To uphold a particular view in a particular line of policy the courts 'which deny right of corporate local self-government are forced wholly to disregard the principle, in one aspect, and to stand upon it, in another. Such construction _cannot be ound. The legislature is entitled to the benefit of all doubts as to the extent of its authority. but whether there is a doubt, in a given instance, depends upon the result of the application of the settled rules of interpretation, in the quest for the meaning of the constitution. A doubt arising from failure to apply the rules is legally no doubt at all, and does not bring the court within the protection of the doubt rule. Observance of the rules. upon this inquiry, leads to an absolute certainty of lack of the power the legislature has assumed. Nor can the act be upheld as one authorizing provisional appointments. It puts the appointees in for two years, if it puts them in at all. If they should be admitted, they cannot retire, after having organized the new government, without creating vacancies for the filling of which the act makes no provision. There is no local appointing power, nor anybody authorized to call an election. The only ground of justification of provisional appointments, suggested by any authority, is the possible necessity, under conceivable conditions, of entrusting the preliminary work of organization or installation to men peculiarly qualified for it. In such cases, the legislature has no power to put them in by appointment for a longer period than is necessary to the performance of such work. They must get out the moment it is completed. Such was the opinion more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 1236780108
  • 9781236780102