but it may be extended by a vote of two-thirds of the members elected to each house. No act takes effect until ninety days after its passage unless two-thirds of the members of each house specifically order otherwise.
Judiciary.—The judicial power is vested in the Supreme Court of Appeals, the Circuit courts, such inferior courts as may be established, county courts, the powers and duties of which are, however, chiefly police and fiscal, and in justices of the peace. The Supreme Court of Appeals, consisting of live judges, elected for terms of twelve years, holds three terms annually, one at Wheeling, one at Charleston and one at Charles Town. It has original jurisdiction in cases of habeas corpus, mandamus and prohibition, and appellate jurisdiction in cases involving a greater amount than one hundred dollars; concerning title or boundary of lands, probate of wills; the appointment or qualification of personal representatives, guardians, curators, committees, &c.; concerning a mill, roadway, ferry or landing; the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and all others involving freedom or the constitutionality of a law; in criminal cases where there has been a conviction for felony or misdemeanour in a circuit, criminal or intermediate court; and in cases relating to the public revenues. The court designates one of its members as president. Nineteen judges elected for terms of eight years in eighteen circuits compose the circuit court, the judges of which have original jurisdiction of matters involving more than $50; of all cases of habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity; and of all crimes and misdemeanours. The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts. In order to relieve the circuit judges the legislature has established by special acts inferior courts, generally with criminal jurisdiction only, in nine counties of the state. The judicial powers of the county court are confined to probate, the appointment of executors, administrators and other personal representatives, and the settlement of their accounts, matters relating to apprentices and to contested elections for county and district officers. (See below under Local Government.) One or two justices of the peace (depending on population) are elected from each magisterial district; there must be not less than three, nor more than ten, districts in each county.
Local Government.—As in Virginia, the county is the unit of government, though an unsuccessful attempt to introduce the township system was made in the first constitution. The county court, consisting of three commissioners elected for six years but with terms so arranged that one retires every two years, is the police and fiscal authority. Other officers are the clerk of the county court, elected for six years, the sheriff, who also acts as tax-collector and treasurer, the prosecuting attorney, one or two assessors, the surveyor of lands and the superintendent of free schools, all elected for the term of four years; the sheriff may not serve two consecutive full terms. In addition there are boards appointed or elected by various authorities and charged with specific duties. They include the local board of health and the board of jury commissioners. Each of the magisterial districts (of which, as has been said, there must be at least three and not more than ten in each county) elects one or two magistrates and constables, and a board of education of three members. The constitution provides that the legislature, on the request of any county, may establish a special form of county government, and several of the larger and more populous counties have special acts.
Miscellaneous Laws.—A woman's right to hold, manage and acquire property is not affected by marriage, except that unless she lives apart from her husband, she may not mortgage or convey real estate without his consent. A woman becomes of age at twenty-one. Rights of dower and courtesy both exist. When a husband dies intestate leaving a widow and issue, the widow is entitled to the life use of one-third of the real estate and to one-third of the personal estate absolutely. If there is no issue she takes the whole of the personal estate, while the real estate, subject to her dower, goes first to her husband's father and then to his mother, brothers and sisters. If the wife dies intestate the husband has a right to the use of her real estate for life, and to one-third of the personal estate if there is issue; otherwise to the whole. Neither can by will deprive the other of the right of dower or courtesy in the real estate and of the right to one-third of the personal estate. Children may be disinherited with or without cause. Any parent or infant children of deceased parents may set apart personal estate not exceeding $200 in value which shall be exempt from execution. A homestead not exceeding $1000 in value may be set apart, provided that it is recorded before the debt against which it was claimed was contracted. Marriages between whites and negroes, or where either party had a wife or husband living, or within the prohibited degrees of consanguinity, or where either was insane or physically incapable of marriage, or where the male was under eighteen or the female under sixteen may be annulled. No female or male under twelve may be employed in mines, and no child under twelve may be employed in a factory, and when school is in session none under fourteen.
Charities, &c.—The state charitable and penal institutions consist of the West Virginia Hospital for the Insane at Weston, the Second Hospital for the Insane at Spencer, three miners' hospitals—one at Welch, one at McKendree and one at Fairmont; the West Virginia Asylum for Incurables at Huntington, Schools for the Deaf and Blind at Romney, the West Virginia Penitentiary at Moundsville, the West Virginia Reform School at Grafton and the West Virginia Industrial Home for Girls near Salem. These are all under the supervision of a state board of control of three members, appointed by the governor, which was created in 1909, and also has control of the finances of the state educational system. There is also a state humane society, which was organized in 1899 for the protection of children and of the helpless aged, and for the prevention of cruelty to animals. The West Virginia Colored Orphans' Home near Huntington is not under state control, but has received appropriations from the legislature. In 1908 a law was enacted for establishing the West Virginia Children's Home to be under the control of the Humane Society.
Education.—Each magisterial district constitutes a school district and there are also a few independent school districts. For each school district there is a board of education consisting of a president and two commissioners, each elected for a term of four years, one commissioner every two years. This board is authorized to establish and alter sub-districts. A law enacted in 1908 requires that children between eight and fifteen years of age shall attend school twenty-four weeks each year, provided the public school in their district is in session that length of time. The county supervision of public schools is vested in a county superintendent, who is elected for a term of four years. The state supervision is vested in a state superintendent, who is elected for a term of four years. A state board of education, consisting of the state superintendent and five other persons appointed by him, constitutes a state board of examiners (for special primary, high school and professional certificates) and prescribes the course of study. There is also a state school book commission, consisting of the state superintendent and eight other members appointed by the governor. The state maintains six normal schools for whites (at Huntington, Fairmont, West Liberty, Glenville, Shepherdstown, Athens) and two for negroes (at Institute and at Bluefield). They are governed by a board of regents consisting of the state superintendent and six other members appointed by the governor. At the head of the educational system is the West Virginia University (1867) at Morgantown (q.v.). The principal institutions of higher learning not under state control are Bethany College (Christian, 1841), at Bethany; Morris Harvey College (Methodist Episcopal, Southern, 1888), at Barboursville; West Virginia Wesleyan College (Methodist Episcopal, 1890), at Buckhannon; and Davis and Elkins College (Presbyterian, 1904), at Elkins.
Finance.—The state revenue is derived mainly from a general property tax, licence taxes levied on various businesses and occupations, a collateral inheritance tax and a capitation tax. For the year ending on the 30th of September 1908 the receipts were $3,382,131.66 and the disbursements $3,482,317.03. West Virginia's share of the Virginia debt which existed when West Virginia was set off from Virginia has not yet been determined (see below, § History), but other than this the state has no debt, and the contraction of a state debt other than “to meet casual deficits in the revenue, to redeem a previous liability of the state, to suppress insurrection, repel invasion or defend the state in time of war” is forbidden by the constitution. The indebtedness of a county, municipality or school district is limited to 5% of the value of its taxable property.
History.—That part of Virginia beyond the Alleghany mountains was a favourite haunt of the Indians before the first coming of the whiles, and there are many Indian mounds, indicative of an early and high cultural development, within the present limits of the state, and especially in the neighbourhood of Moundsville (q.v.). The western part of Virginia was not explored until long after considerable settlements had been made in the east. In 1671 General Abram Wood, at the direction of Governor William Berkeley (c. 1610-1677), sent a party which discovered Kanawha Falls, and in 1716, Governor Alexander Spottswood with about thirty horsemen made an excursion into what is now Pendleton county. John Van Metre, an Indian trader, penetrated into the northern portion in 1725, and Morgan ap Morgan, a Welshman, built a cabin in the present Berkeley county in 1727. The same year German settlers from Pennsylvania founded New Mecklenburg, the present Shepherdstown, on the Potomac, and others soon followed. Charles II. of England, in 1661, granted to a company of gentlemen the land between the Potomac and Rappahannock rivers, commonly known as the “Northern Neck.” The grant finally came into the possession of Thomas, Lord Fairfax, and in 1746 a stone was erected at the source of the north branch of the Potomac to mark the western limit of the grant. A considerable part of this land was surveyed by George Washington between 1748 and 1751. The diary kept by the young surveyor indicates that there were already many squatters, largely of German origin, along the South Branch of
