The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-23
TuHCIRCUIT JUDGES.

Certain highly imaginative JACOB
men in this city seem to think they
have discovered a mares nest Of the
first magnitude in the proposed ex-
change OF circuits between Judges
MELVIN and HoGE for the remainder OF
the present term of the Circuit Courts in
this county and in Berkeley. The true
and only reason for the exchange is
found in the fact that previous to his
election, Judge HoGE was retained as
counsel in number Of cases in Berke-
lev county that are set for adjudication
at this term. Accordingly he has asked
the Judge of this Circuit to
come to Martlnsburg and pre-
side during the remainder OF the term
he taking Judge MELvlN's place in the
circuit court of this county. The ar
rapgement is a very common and COM
mepdsble one. Suitors in this county
will lose nothing by submitting their
cases to decision by gentleman Of
Judge HooEs well known ability and
high character, and the people Of Berke-
ley county cannot fail to be pleased by
Judge MELvIN's legal learning and
judicial integrity. We learn from the
Berkeley county papers that the court
there has been almost suspended dur
ing the past few days by reason OF
Judge HooR's unwilliugness to sit as
Judge in the trial Of cause
in which he had been consulted as
lawyer; and we are informed that two
or three cases have been called during
the present term of the Circuit Court OF
Ohio county, in the trial OF which, Tor
similar reasons, Judge MELVIN felt dis"
qualified to sit.
To even insinuate or suggest, as the
Mtslliqsnccr did yesterday morning, that
the exchange of circuits has been
brought about with reference to po-
litical question that may arise is an
insult to the integrity of both OF these
gentlemen that is worthy OF the Sc
verest rebuke. If we are correctly In"
formed, the Board OF Public Works
does not propose to proceed against
Gov. JACOBS appointees in tn Circuit
Court at all, but will bring the case dl-
rectly before the Supreme Court OF Ap'
peals by petition for writ Of nandamus,
ii matter in which the Supreme Court
has original jurisdiction. II the JACOB
meu want to proceed against the Board
OF Directors of the Penitentiary or OF
the Insane Asylum by quo ,oarrant0, they
may be heard by Judge MELvIN before
be goes to Berkeley if they have any
more confidence in his pro forn'a decis-
ION than in that which would be render
ed by Judge HoGE.
There is no foundation for any sur
mise as to what decision will be render
ed in any case by either the circuit
court or the Supreme Court, apart
from the purely legal principles lnvoiv'
ed, and any suggestion that Judge
may shut his eyes to the law in order
to serve a political party, is to accuse
the Judge OF crime. The reputation OF
Judge is as delicate and should be
as zealously guarded as that Of a virtu'
ops woman. 1t shonld be above sus-
picion, for when even suspected it is
lost. We cannot therefore too thor
oughly condemn the course OF the Intel
Ggncer in thoughtlessly giving curren-
cy to an insinuation against the intego
rity Of two OF the sblest and most up
right Circuit Judges in the State and
attempting to forecast what even the
Supreme Court of appeals might do.