is paid into the Treasury, and secondly, how payments are made out of the Treasury.

(1) Payment into the Treasury.-All payments of money are made into the Treasury of West Virginia, as follows: the person desiring to make payment to the State pays his money into any bank designated as a depository, takes a certificate of deposit, forwards it to the Auditor who endorses thereon the account to which it is to be credited and forwards it to the Treasurer. The Treasurer keeps the certificate, charges the account to the proper bank, and delivers to the Auditor a receipt in duplicate. The Auditor endorses on the original that the duplicate has been filed in his office, and then delivers the original to the person making payment, and retains the duplicate in his office. Any one paying money into the Treasury in any other manner does so at his own risk and may be called upon to pay again in addition to incurring a liability for a fine for violating the law requiring payment in the proper manner. The law is strict, because, if it were not, there would soon arise confusion in the accounts of the State.

(2) Payment out of the Treasury. We have seen under the paragraphs in relation the Auditor how that officer controls payments of money out of the State Treasury, and how any person claiming to receive money from the Treasury must apply to the Auditor and receive from him a warrant authorizing the Treasurer to make payment. The Treasurer examines the warrant, and if he finds it correct, endorses his check thereon to some state depository having funds, directing payment to the order of the person entitled thereto. No payment can be lawfully made in any other manner.

10. The Attorney General.-The Attorney General, whenever required by the Governor, any one of the executive officers of the State, or the Board of Public Works to do so, must give his opinion and advice in writing, touching any

question of state administration. He appears as counsel for the State in all cases in which the State is interested, depending in the Supreme Court of Appeals, or in the circuit court of Kanawha County, wherein is situated the seat of government. It is his duty to appear in behalf of any authority in this State authorized to levy taxes, such as county, district, and municipal corporations,-in any action, suit or proceeding by or against any railroad company, which involves the right to assess and collect taxes upon the property of such railroad company, whenever such county, district or municipal corporation may request him to do so. For this service he is entitled to a fee to be paid by the authority requesting his services; but no compensation can be lawfully paid to him out of the State Treasury, except his salary and actual traveling expenses. Every bond required by law to be approved by the Governor must be first submitted to the Attorney General, and if he find it in proper form and legally executed, he shall certify the fact by endorsement on the bond. It is made his duty to take all necessary legal measures to remove any bridge built or which may be built across the Ohio, Great Kanawha, and Big Sandy rivers contrary to law, and to enjoin and prevent the building of any that may be contemplated without a compliance with the requirements of law.

II. The Militia. Government in its last analysis is organized force. It may not always be apparent; it may not always be exerted; it may lie dormant; but it may be used in the last resort. It is just as certainly back of the elected magistrate as it is behind the usurper. The supreme force of the State is embodied in its militia which is divided into two elements, (1) the enrolled, and (2) the organized.

(1) The Enrolled Militia.-All able-bodied men between the ages of eighteen and forty-five years, citizens, and residents who have declared their intention to become citizens, are subject to military duty, unless they fall in one of the

lists of exemptions prescribed by law. There are more than 100,000 such persons in the State.

(2) The Organized Militia. The organized militia of the State is called the West Virginia National Guard. It consists of a general staff and one brigade, under the command of a brigadier general who has a brigade staff. The brigade is composed at present of the first and second regiments of infantry, each with a colonel, a lieutenant colonel, and a regimental staff. A regiment has three 'battalions, each of which is under the command of a major, and is divided into from two to four companies. Each company has a captain, two lieutenants, and a number of sergeants and corporals called noncommissioned officers, and from twenty-eight to eighty-four privates. The law provides for a battery of artillery, a signal corps, and a medical department. The State receives an annual appropriation from the Federal Government to aid in the support of the National Guard, to which is added a legislative appropriation. The National Guard is supplied with uniforms, arms, equipments, and armories. and may be required to do camp duty with pay for ten days in each year.

(3) The Commander-in-Chief. The Governor is the Commander-in-Chief of the military forces of the State, and may call out the same to execute the laws, suppress insurrection, and repel invasion. The Governor appoints a general staff, whose functions except those of the Adjutant General's Department, are chiefly those of a guard of honor on occasions of public ceremony.

(4) The Adjutant General.-The Adjutant General is the mouthpiece of the Governor. He is his chief of staff, but issues no order and gives no command except by the authority of the Governor. He ranks as brigadier general, and receives a salary of $1200 a year. He is allowed an assistant, with the rank of colonel, who receives $1000 annually.

(5) Military Courts.-There are three grades of military courts for the enforcement of military law in this State: general courts-martial; summary courts; and courts of inquiry. The punishments for military offenses in time of peace are limited to dishonorable dismissal from the service, reprimands, degradation, and fines for the non-payment of which imprisonment may be imposed.

CHAPTER XXXVII.

THE STATE: THE JUDICIAL DEPARTMENT.

I. The Judicial Power. We have seen how the people through their constitution and by their Legislature make and declare the law, and how the executive department "takes care that the laws be faithfully executed," and administers the duties of the executive offices. It now remains for us to point out how the Judicial Department determines the law, interprets its meaning, and applies it to the actions of men and society in particular cases. If the Legislature of West Virginia should pass an act in conflict with the Constitution of the United States or the Constitution of this State it would be invalid. But how is the fact to be determined? Whenever a case is properly brought before a state court involving the constitutionality of any law, or before any federal court, if the Federal Constitution be involved, the court may declare that the act purporting to be a law is null and void. The judiciary determines all questions arising out of the law.

2. The System of Courts.-The judicial power of the State of West Virginia is vested in a system of courts consisting of a Supreme Court of Appeals, thirteen circuit courts, certain inferior courts variously called criminal or intermediate courts, county courts, and justices of the peace.

3. Courts of Record: Courts not of Record. -A court of record is an organized tribunal, with certain inherent attributes, "where acts and proceedings are enrolled perpetual memorial and testimony."

for a

It always has a clerk,

and authenticates its acts with a seal. The formal record of