South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1867-04-12
Another Test-Oath Decision.

Another TeSt-Oath Decision.
la the case of ErpaTte Samuel \ Miller, which
recently came before Judge WIN l.. HynMAS. in
Cabcl county, that Judge while withholding his
final decision, admitted the applicant to practice
on his taking the oaths TO support the constitu-
ton of The United Sta'cs the constitution of West
Virginia and the ordinary oath of attorneys
This IS tantamouut to "A decision in favor of Mr.
Miller In speaking of the conflict between the
opinions of the Supreme Court of The United
States and that of West Virginia the Judge in
delivering his opinion, said
''lhe Court of Appeals of West Virginia hav-
ing decided this act constitutional, and the SUI
rrcmc Court Of the United States having decided
the act of Congress, (which is nearly i'm " ords
and entirely in substance, the same AS the act of
West NirGlnia) unconstitutional. it remains for
US to look only TO the supreme law Of the land
IN aSccrtainnc our duty in the premises and set
thing this conflict so far az our Jurisdiction oocs
pom the constitutonality of this act il is mel
thcr the duty or privilege of this court to decide
III is not Tor tins court To say, whether the act in
question Is an III past tdrfO law, or in the nature
OF bill of pains and penalties or whether it is
IN perfect accordance with u" constitutions The
courts above nave passed upon the qUcs tiun, and
o. only remains for US TO see what they have dcgid-
cd, and which one We arc la hc governed Iy.
~ See. ., declares that instrument together with
the laws made IN pursuance thereof CONSEQUENT
~, not conflicting therCVlhl Shall hc the law of
The land and the judges Of every State shall be
bound thereby, anything i'm the constitution and
laws Ofany State to the contrary Notwithstanding,
The State of Virginia by it,, ratification. mad
the constitution Of the United States aud The laws
made IN pursuance thereof &c &c It's supreme
law, anything IN its laws ur constitution 10 the
contrary, nOtwiths landing
The constitution OF West Virginia when it was
admitted into the Union. received the constitu-
ton a. It's supreme law. ANYTHING in its laws or
constitution To the contrary, Notwithstanding
lhc constitution OF u est Virginia Article J.
section J. declares that the Constitution Of the a.
uiici states shall he the supreme law Of tho land
This principle hos been further sculcd bv four
years of hondy war
The Constitution Of the United states. Article
- section ], says "thc judicial power ,l ihc [. nj
tci states shall be vested IN ono supreme court
ana ln sh'h inferior courts rs the Congress may
I from uWe To time oidain aud establish. The
I'd section Of The same article provide. .il,t the
judicial power SHALL cNtcnl a. All cases. i'm l1,y
and equity. arising under The fifu'ilr tho
laws Of The lni'cd States &c Now " there is
any meaning in thce provisions OF the Cor-titu-
uOn ~ D., That the supreme Court o.. the United
States D. tha final arlirr az questions a-i.
der the Constitution. that when question .s rails
ca under the constitution Of tine United Sirt,4.
and d ..idcd 10y the supreme Court the decision
/ become, pant oi thc constitution and thus cN-
pounded becomes 'io suyrs1e f.r .' NJ. tamil and
the Judge are bound thereby - Ciyrt.L,ry I'm.
HINDEErEsT rs EUROPE The Dcpart.
mcn' Of state at Washington has received n
dispatch from hcT s legation lIaeuc.
dated March rs, 10 which the writer say.
. that since bis last letter on the subject tie
rindcrpc-t has spread into Belgium and
France The report Gifts rogrc. sfrgn Jan
nary 20 February j. show adcclinc from
week 10 week, and gives reason % hope for
Its speedy extinction. The number of ca.
ses during that period was nearly 1000
deaths l,l73-saughtcr5d i,lil- being a
total loss Of ] 500
BEm-rHATIoN is Emu>rA.-Gcncral
NchofcId has issued an order providing r.r
. Che registration Of voters ia III. district NJ.
J.. under tic military reconstruction act
lhor. VIII BE- one strringofii-er farclch
mag,'.riol district m The c9unti.s and one
~ each ward iu thc cities The ouqlifca.
uaus required are: Having been an officer
DO The army or being loyal citizen
Of Che State having high character. and
as Jar as possible, The confidence of hi- fcl-
Iow citizens n, register Shall be q caudi-
da'ci.r flee One officer Of the army on
bureau % rcG GER in each county or city
Jhe appointment. of all officers are to bc
made By Cen S.hofolj, on the rccommon
d'''.n oi"uczaminiug board ofarmy officers
Two hundred and fourteen millions o
dollars have boon collected from Internal taxes
since The 20 Of Ju'y-tha commencement of ,h,
hstH year.
) jcuocraIc exchange says 49, Ihe Sew
Hfh ~ r'It b. getting sIra oiI'adI.sli.m $50
should Think it would makro dog Sick. but IL d
.N'Nm. long tm, 90 doing 3d.