The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-05-24

the public property, As you have thus assumed
the custody Of the books, Plpes and records Per
tanning to my OihCe, As we'll As thosc Of the othd
Stale officer, in violation Of plain c0nStitutiOl.
al provision, shall at once pruceed to have an In
ycntuTy Of the NIne taken.
You and all other persons, directly On lndirectly
concerned In the obstruction Of the law viii be held
responsible for the sai-Eeeping Of the looks, "a
pers and records and other public property now In
The building uSJd State House.
Respectfully, your obi serTt,
joins j. JACOB, GOuerHW.
Thus ended the engagement OF the day,
the Governor not deignlng to notice the
affair as bearing a semblaRCe Of legal
virtue, and not for a moment enter
tanning the idea Of appearing before
Judge Smith unless dragged their by
force.
Judge Smith wrote his letters to the
Governor, and then in open court read
them to the attorneys. At the opening
Of the correspondence it was thought by
some that the Judge "meant business" and
that when he said the Governor should
appear in court, lie (the Judge would
enforce the order, But, as the cores
pondence continued, ii became evident
the Judge had no idea Of doing any such
foolish thing. At one time Jim. Fergu-
son asked the court when the man John
], Jacob would Ike forth coming, and said
he could not see why Judge Smith did
not compel him to come into court. The
Judge said it was only respect for the Of
fee Of Governor that prevented his issu:
ing the order. Ferguson said he would
command and compel Mr.. Jacob to come,
even il it did involve the bringing OF the
Governor. Rumor had it during the NJ
ternoon that Judge Smith wonld arrest
the Governor for contempt in not appear
ing in court, and that Daniel johnson,
Esq, President OF the Senate, and by Vir-
tue Of his office, Lieutenant Governor,
would be telegraphed for to take his place
at the helm. Then began the speculation
as to what Daniel would do. Some held
he would order out the militia, and then
wOuid come the "tug Of war" But Judge
Smith could not be COaxcd or driven into
issuing the order summOning, peremptor'
lily, the Governor into court.
HOW TIE CHARLESTON PEOPLE REGARD
THESE PROCEEDINGS,
The people Of Charleston are by nc
means n unit on this vexed question
There arc many of the best citizens who
regret that my action was taken to OBJ
struct the law. Others werO in favor Of
ccasing opposition when the injunction
was dissolved, while many regard the
whole affair as a huge farce which should
not even be dignifed with the title O
"Nluch Ado About Nothing" The lower
elements, receiving sanction and enCOur
agement from sCalawags like II. s. Walk
or and other like ilk, who have already
partially received merited rebuke, or are
satisfied 1t will soon 0vertake them. In
times of CommotiOn scum and sediment
will rise, hence the late Public Printer Il
considerably elevated. As the storm sub
sides n settling down will occur, when OBJ
livion is sure Tor all such brazen adven'
turers.
THE NEW CONSTITUTION
is now Justly estimated here. The third
district carried that instrument but lost
the Capital. Under the botched and bung'
led Constitution there is no power In the
State to fill the vacancy in the Court OF
Appeals until next Fail. BY the way, II
will now require the concurrence Of the
three Judges on the bench to override
Judge Smiths decision affirming the Con-
stitutiOnality Of the act removing the seat
Of government to Wheeling,
JUDGE SMITHS INEVITABLE POSITION.
Never did Judge allow himself to bt
placed IN such an unenviable position n
Judge Smith now occupies. He declared
the removal act constitutional, dissOlv.
cd the injunction, and then forCibly pre-
vented the removal Of THE public property
from Charleston to Wheeling. No other
point than Wheeling can be known as tho
Capital Of West Virginia until the law
ia changed. Charleston may for time
by force retain Il shadow by retaining thu
public property within her limits, but tn
. lar makes Wheeling the Capital,
At all events the fine steamer Emml
Graham Is at the wharf here, and tn
State officials are oil making hasly prep
aratiOns to go aboard for Wheeling. TIL
arrival Of the boat, with Capt. John Nc
Lure, Chairman Ofthc Wheeling rcmOvn
t committee, was announced by the roar
. ing Of cannon. / will go aboard, md b,
the time we reach the Capital hope Il
have my article finished and ready fO
the printers:
THE DOCUMENT SERVED on THE OFFICER
OF THE EMMA GRAHAM.
As soon M the boat landed at III
Charleston wharf, Capt. Cooper, Of the En-
ma Graham was waited upon by the Shcr
if, and served with the following pape
which is Judge Wards injunction as OF
iginnlly promulgated.
: ATCmAMnRRS, GuYASDOrrE, Mar. m, 1873.
II he Chtk NJ The Cdrpa Court 10, ne Co''niy
hdHHWhI:
Decmlng the matters and things rat forth In TIL
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