The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-12-21
SiCted' although we cannot in these col


A large portion of the opinion is taxi
en- UP with q discussion Of the duties of
Commissioners of elections, and their
power to disregard the test oath bill al
thou Oh how that discussion could eluci-
date the right of the applicant to prac-
tice law puzzles us before we read the
opinion, puzzles us after we read it, and
puzzles as NOW; and if the question
was catsgqficslyip put 10 Judge Pokley
and his answer confined to something
less than sixteen double columned pages
it would certainly puzzle him to explain.
The only light to be gathered on TINS
subject, from the opinion itself, will be
found on the first page Of the pamphlet
which contains the date of the delivery
of the opinion, 1.-The Goth day of October,
1866, :" the day OF the general election
throughout the State. We presume that
the court house in Charleston is the place
for polling the votes, that Commissioners
and voters assembled there on the day OF
ELECTION at the ringing of the bell, and
when they found the Judge deciding
political question which had been much
discussed by the press OF the State, they
listened, some with pleasure, some with
sorrow, but all with establishment. Here
tofore it had not been the practice OF
Judges in Virginia to mingle in political
elections If they voted at all it was qui-
city done, they were charry Of being seen
near the polls least the judicial ermlne
should be spattered with the mud OF po-
litical faction But we are progressive
people, we have slumbered too long in
Sleepy Hollow; we must take gigantic
steps TO bring our new State up abreast
accuse Judge Poisley of being an enemy
Of progress. For he chose the day OF cleo
ton as the time, the polling booth as the
place, the commissioners OF election as
the audience. aud question not inyoly'
ed in the eC0rii as the occasion to decide
iudic!ally The chief question at issue be
tween the political parties of the State
Nor was that all; various persons have
chosen the~only method that exists to
test the onstitutionality Of the test
oath bill: they have sued the commission
ers who refused To allo " them to vote.
Judge Polsley in his opinion decides ia
advance and before The tiGl Of these sait,.
thar the commissioners were right in fe-
fnsing TO allow those to vote who would
not take the test oath, aud therefore no
damages have occurred
We are no better pleased with the
tone OF the opinion, than Wa are with
the Time and place OF delivery Ii will
be seen page s. that the Judge. also
improves the occasion TO lecture very
severely, gentleman of this city who
for his superior legal attachments has
been selected to codify the laws OF the
State; although as far as we know he
has not made UP or expressed any opin-
ion in Quarters case. After speaking OF
him singly liz lone more OF SORROW than
Of anger he unites him with species of
moral hand-cud with one Of the appli-
cant's counsel (Which one We are glad
We dc not know and withers them both
with tie following excruciating rebuke
We quote literally; see page 9: I fear
that the demon Of secession, anarchy
end revolution is not dead, but that he
has found a hiding-place in-not in
their hearts, because 1 know theE loathe
and detest him, but in some dark and OBJ.
scure corner of their -' Now Why
this awful--2 Did the trembling I'm
gers of the awe.stricken type-setter re-
fuse to perform their functions, or did
the Judge use 4 word not suited for ears
polite We incline TO the latter s0pposi
tion, and have found the words: iii the
blank with "breechesi pockets; aud the
whole sense is restored Here is nice
kettle of fsh-tho demon :: first ii the
pocket Of the Wheeling Attorney aud
then of the Kanawha Attorney. When
the United State Court sets i'll Wheeling
away frisbs the demon to his snug nest
in Kanawha, when the court sets III Ka-
nawha away he goes to Wheeling. Oh
for the abolished writ of fiery hukus,"
that used to take man or devil as we'll
when he was not as when lie was; but
then there is the amnesty proclamation
that would save him
One of the applicants counsel quoted
(see same page the opinion OF Judge
Marshall in Marbury VS.. Madison lst
Cranche 1877 See how the Judge han
dies him: "The great Chief Justice new
or uttered the sentiment, and was inca
pable of uttering it The appeal to his
opinion and judgement is scarcely less
,eprehensible than the appeal of the
IeMpter OF our Saviour 10 the HOLY SCRIPT
ures
Kanawha must be a nice place to prac
tice law i'll; the counsel quote Judge
Marshall, the court replies by comparing
the LAWYER TO the awful enemy of man
kind. True the court uses some circum-
locution, but then the court was discuss
ing "A grand constitutional question. In
ordinary debt or assumpsit cases where
the amount in controversy is small, we
suppose the language is more direct and
and plain, the court il IL does not ap,
prove of the authority quoted hlaudly
says III thu attorney You are a desii.
to which the LAWYER replies YOU are an.
other"
Having disposed of the time, manner
and place OF the decision. We now APP
proach one OF the questions decided.
Have the commissioners OF elections the
right or power to disregard an unconsti-
tutional Law For that the test oath law
is unconstitutional no one we presume
who compares il with the Constitution
can for moment doubt. Section lst,
Article 3D., Of the Constitution declares
that 1.-The white male citizens of the
States shall be entitled to vote at all cleo
tons" The only exceptions To this
rule are minors, persons u unsound
mind, psupers, conyictS, and citizens
who have not resided in the State one
year. All other citizens are entitled to
vote The Act of the Legislature passed
February %, 1865 orders the commits
sioners 10 reject all voters who DO not