The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-26


SUPREME CoURT.-In this court yes
terday decision was rendered reversing
the Judgment of the Brooke county Cir
cult Court in the confiscation case Of
Alexander Campbell. jr. The decision
| rendered involves no Constitutionalques-
ton, but is nevertheless an important
one. Should the Brooke Circuit Court
| try the case over, then will come the
Constitutional tug. AS it will be of in
terest to our readers, we reprint the facts
in the case In November, 1864, G. w
Caldwell, of Brooke county, gave notice
to the, Prosecuting Attorney OF that
county that at the November term OF the
Brooke county Circuit Court he would
move the appointment of commission
er to take possession of, collect and
administer the estate of Campbell, an al
legged enemy Of the State, Campbell hav
ing effects in Brooke county. At the
same term of court Caldwell filed an aft
davit, stating that from the best infor-
nation he could obtain he believed that
Campbell had been aiding and abetting
the so-called Confederate States against
the State of West Virginia, and that he
was an officer in the Southern army
whereupon the Court entered an order
under the Act of the Legislature passed
November, 1868, for the forfeiture of
property belonging to the enemies of
West Virginia, stating that Campbell had
been shown by satisfactory evidence to
be an enemy of the State, and had prop
erty within the county subject to TO-
fixture under said Act. A commissioner
was also appointed who gave bonds in
the sum of $4,000 to discharge his du
ties under said Act.
Campbell appealed to the Supreme
Court for writ of supercedeas to the
proceedings under said order, and the
cause was argued at length at this term
of Court The Court yesterday held that
in the proceeding below rule or sum-
mons against the person alleged to be an
enemy of the State should be awarded
first against such party requiring him
within a reasonable period to show
cause against the motion, and that the
rule should state with reasonable certain
ty the facts alleged to constitute such
person all enemy of the State. within the
meaning of the act. The rule or sum
mons should be executed according to
Chapter 40 of the Code of Virginia for
1860; and that in default of such service,
parties should he proceeded against by
publication, and further, that it would
be most proper that the facts alleged III
such rule or summons should be
tried by jury 1t appearing on record
that no day in Court was given to the
plaintiff in error, and that the facts ne
cessary to constitute him an enemy to
the State were not presented in the same;
and that it wat insufficient for the re-
cords to show generally the conclusion
drawn from such facts q. e. that the par
ty was an enemy Of the State), the judg-
ment of the Brooke county Circuit Court
was reversed, and the cause was remand
ed to that Court for further proceedings
therein, in conformity to the principles
indicated
Five causes against tue Supervisors of
Ohio county were taken up. These caus-
es are brought by the bondholders of the
Hempfield Railroad to recover interest
ON the bonds issued by Ohio county in
1857. The petitions were presented at
the July term of the Court in 1864, un
der the Act of November 2, 1868, ask
ing an order requiring the Board OF Su-
pervisors to levy for the amount of inter
est which. has accrued on these bonds
since May, 1857. A mandamus nisis was
granted, returnahle to the January term
of 1864. At that term the Supervisors
made return to the Court, to which the
petitioners demurred. The case is now
under argument upon the demurrer. This
argument was opened yesterday by Geo
w. LETTERS, Esq, counsel for the petition
ers. In consequence of the illness of
Judge Berkshire, Court adiouoned early
in the afternoon. The argument will be
continued today by z. Jacob, Esq, and
D. Lamb, ESD, for the Supervisors, and
the argument will be closed by JAS s.
Wheat, Esq, counsel for the petitioners
YOUTHFUL DEPRAvITY.-A lad named
Bud. Long was night before last commit
ted to Jail by Justice of the Peace ClOhan