While it would likely have been impossible to find a state legislator who disagreed with the need for a safety “stand-down” in the coalfields last week, many quietly questioned how Governor Earl Ray Tomblin could “order” private businesses that were not accused of committing any crime to close down for an hour.

In some ways, the discussion may have seemed a matter of semantics but to many legislators it is a question of government’s ever-increasing power.

Boone County’s new Republican Delegate Joshua Nelson, who is a self-described “liberty advocate,” said he agreed with the purpose of Tomblin’s executive order. As a miner himself, Nelson said he felt the need for safety discussions was acute after a sixth person lost his life in a mine-related fatality since November 2012.

Still, Nelson wondered where government got the authority to order any private business to close for any period of time. “I think it was needed (the safety break); I really do,” the first-term delegate said. “And I think all the mines in the state would have readily agreed to it even without an executive order from the governor.”

A Democrat wondered if Tomblin could order “the neighborhood bakery to close its doors for an hour”?

The current governor was not plowing new ground with his order. Tomblin’s predecessor ordered similar work safety stoppages at least twice. But many capitol observers see Tomblin as a more conservative, low-key chief executive compared to Democrat Joe Manchin, who served immediately before him.

Some even noted that the executive order issued by Tomblin last week was the first such order in 2013. “Earl Ray doesn’t run around issuing orders on a routine basis,” said one statehouse regular. “I was surprised when the press reported he said his directive was an order and not a recommendation.”

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Longtime observers thought it was ironic that a move to reduce the ability of the federal government to interfere in coal matters was gaining steam in the legislature at the time Tomblin inserted state government into the current mining equation.

Nelson is among those pushing legislation to limit the federal government’s ability to regulate energy-related matters. In fact, he is a sponsor of House Bill 2535, the Intrastate Coal, Oil and Natural Gas Use Act. The freshman delegate says the bill, if passed, would not attempt to stop the feds from regulating energy that travels across state lines.

“But if it is produced in West Virginia and stays in West Virginia, it would be up to local government to enforce regulations, not the federal bureaucracy,” Nelson noted.

Tomblin and many others have been critical of the federal Environmental Protection Agency (EPA) for what has been cited as an anti-coal mentality.

By the way, Nelson’s bill is among 597 introduced thusfar in the house as of Thursday, according to Finance Chair Harry Keith White.

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Nelson is among a growing group of legislators who define themselves as “liberty minded.” As West Virginia has finally begun to catch up with the rest of the south in veering toward the Republican party, the state legislature is beginning to tilt somewhat to the right.

Political consultants have long agreed that Mountain State voters are more conservative than their elected representatives. Often, voting for Democrats has become a family tradition and modern-day voters are unaware of their candidates’ positions on major issues.

When conservative Republican television celebrity Tim Sharpe ran for congress against Democrat Bob Wise years ago, the Republican National Committee polled voters in Wise’s district. When asked how they felt about abortion, a majority said they opposed any government funding for it. Then when asked about Wise’s position on the issue, they said he opposed it too.

Although I often caution clients to leave the hot-button, social issues alone during a campaign, Sharpe had spent thousands of dollars to educate voters as to Wise’s liberal voting record — including support for the pro-choice agenda. None of that, apparently, got through to the voters. Wise defeated Sharpe by a healthy margin, even in highly-“Bible belt” precincts.

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Republican businessman Bill Maloney was making the rounds at the capitol last week, handing out cards for his Cow Run Energy business in Morgantown. Maloney, who has twice been the Republican nominee for governor, told me he is now so involved in the political process, “I just want to stay active and see what I can do.”

Maloney said he met with several legislative leaders “including my state senator, Jeff Kessler,” and discussed legislation he feels can help the oil and gas industry.

The former candidate remained in Charleston long enough to attend the Oil and Gas Association’s annual reception.

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I joked with Maloney that he had gotten into the political business late in life at a time when there were gubernatorial races going on in two consecutive years. “You probably think we elect a governor every year,” I told him. And you’re running in 2013, just like 2011 and 2012.”

Maloney, who seems like a prince of a fellow, got a huge laugh out of that.

I would guess that his runs for elective office have not yet ended.

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Tongues have been wagging in Charleston regarding long-time Kanawha County Assistant Prosecutor Maryclaire Akers, who was reportedly fired recently.

No actual reason was publicly given for the firing, which naturally spurs tons of speculation.

She was reportedly doing some work for the federal prosecutors when the firing occurred at the county level.

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In Lincoln County, another honest election may actually have been held.

Reports were that a school levy election was defeated by about a 75-25 margin, which most would think reflects the actual judgment of Lincoln County voters.

Delusional school board members in Lincoln actually thought proposing to move the elementary school out of growing, prosperous Alum Creek and plunking it down in the relative wilderness at Sumerco would gather support in the county.

The 2012 election, where members of the so-called “courthouse gang” went down to defeat, was judged to be the first honest election in Lincoln in 50 years or more.

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Guess which former state legislator is destined to receive a cushey state job at the middle of March? Sometimes it appears that state government is just operated as a job agency for government officials who need to “bump up” their retirement benefits.

Those benefits are calculated on the highest three years of government service. When a former part-time state legislator gets a high-paying state job, his or her (in this case, HIS) retirement income definitely increases.

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Kanawha Delegate Mark Hunt is giving some consideration to running for the state senate next year. Hunt, a Democrat, unsuccessfully ran for congress some years ago.

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