John Slack, Sr., and Others v. John J. Jacob and Others

Summary

On appeal from the dissolution of an injunction that had restrained state officers from removing the seat of government from Charleston to Wheeling under the act of February 20, 1875, the Supreme Court of Appeals affirmed. It upheld the act against every constitutional attack, holding that article VI, section 20 gave the Legislature full power to remove the seat of government temporarily, that the title expressed the act's object, that the recited Wheeling agreement was a mere inducement and not a condition precedent, and that courts cannot inquire into legislative motives, recitals, or alleged fraud to invalidate an enactment. The court further held that the circuit court had no jurisdiction to enjoin the Governor at all, because the duties the act imposed on him were executive and discretionary rather than ministerial, and separation of powers forbids judicial restraint of executive action; on that independent ground the dissolution of the injunction and dismissal of the bill were affirmed, with costs and $30 damages.