The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-02
FROM CHARLESTOWN.
4 Very Interesting Account of the
Capital Case-Fhc Efforts OF the
Lawy crs-Spcech Of Colonel Arneit
of WheeIing-The Crops and Niscei-
laneOus Items.
CnARLEsTowN, August so.

l.t4lNIS iktslSttI
The usually quiet and sedate town OF
Charlestown has enjoyed something OF Il
sensation during the past week by reason
Of the argument of the Capital case
before the Supreme Court OF Appeals
The appellants, tie representatives Of tho
citizens of Charleston who deny the con
stitutionalitv of the act removing the
seat of government to Wheeling, were
represeuted in court by +. Willis Wilson
William \. Quarter and }. II. Fersu'
son, Esquires, and the appeilees, the peo
pie of Wheeling, who defend the net o.
the legislature, by Hon. Henry NJ
Mathews, Attorney General, W. W
Arnett and Daniel Lamb, Esquires
The case was called up last
Monday. and the arguments "I
counsel were concluded at one o'clock on
Friday. a number of citizens of Char
l..tnwn attended the Court during the
hearing of the case, and listened with
GREAT apparent interest 10 the Al guments
adduced ON each side 1t is very evident,
however. to even casual observer, that
the sympathies of u large portion OF the
people of this place are with the city OF
Charleston in this struggle. They don't
know, and can't exactly say ~hH but
somehow they want TO see Charleston
succeed. They say they can 20 to Char
lesion AS conveniently as to Wheeling,
but they rather think, upon the
whole, that the seat Of government could
D., more advantagGOusIy located right
here in CharleStuwn than anywhere else
in the State. They are apleaSant, social,
courteous and hospitable people and
,ynu,d doubtless make the town quite
agreeable to the officers Of the State and
the members Of the Legislature, if those
WORTHLESS should ever come here to stay.
~ have said above, the argument of
the CAPITAL case commenced on Mon
doy. AUGUST -. By consent OF the court
i, was agreed that three attorneys would
bee heard on each side, the
first four to be permitted to
speak two hours and half each
nnd the last two three hours each, thus
allowing sixteen hours for the whole
c,.c. Elaborate printed arguments
were submitted 10y each of the three ut.
tornevs for the appellants, and printed
briefs bv Mr. Mathews and Mr.. LIANT
for the appelloes. The order OF argu'
mept was MS follows: Mr.. Wilson, Mr.
Mathews, Mr.. Quarter, Mr.. Arnett, Mr.
Lamb, Mr.. Ferguson. The argument on
each side was exceptionally able and in
genous, and reflected credit upon the al
ready well earned and well established
legal reputation of the several gentlemen
ENGAGED. Certainly all was SAID thatca be
fairly adduced to show the unconstltu-
tionalitv OF the act OF the Legislature, and
the several arguments were parricd with
-. much skill Il, they vera aimed.
| would like to speak particular Y and
in detail of the several speeches, BIT: can
ONLY hestow equal compliment upon all,
and tear that my stock of aijectlveS. a
well As your readers patience would be
exhausted were to bcstow upon each OF
the six legal gentlemen the full
need Of praise 10 which he Is
individually entitled | must, however,
make some special mention Of Colonel
/ W. W. Arnrtt, of Wheeling, because |
believe this i, the first time he ha, APP
pcarcd in any of the Court, in this State,
he having but recently located in
Wheeling for the practice Of his profess
SION. He Is very fluent and silver
tousu~d orator, never at Il loss for Z word
on an illustration, and makes very ef.
fcctivc speech. He had studied very
thoroughly the questions at issue and
seemed quite at home among the discus
sious pertinent To the case.
The Charleston people deny the
constitutionaIity OF the act oi
the Legislature principally upon
two grounds. First, that the
offer Of the citizens of Wheeling to
furnish State House. &c free of cost,
was IN effect corrupt consideration,
amounting in plain words to a brjjc by
which the Legislature WAS induced To- pass
the act IN question, ana that il is there
fore void because against public policy
aud good morals Second, that it
is unconstitutional because the object OF
the act is not expressed in Its title
the title Is, AN Act to remove the seat
of government temporarily to Wheel
declares that the seat of gov
mcnt shall be at Wheeling "unti' here
after otherwise provided by law, and
this. il is urged, Is a "rrD'H"TW location,
and no, "a temporary one. These are the
two chief points upou which the act i
assaulted.
Upon the other hand, the authority of
"a Circuit Court to proceed against the
Governor 10y injunction, to restrain HIM
from the performance of an act which
the legislature has made it his dIly to
perform, is denied, a, Is also the right
of the six citizens of Charleston to
.ue in case of this kind in
b,balf ct all other citizens and taNpay-
rrs Of the State, except the State officers
who are made defendants IN the cause.
But, if il be- held that the case Is properly
and legitimatcly in Court, then the con-
,,itutiorAlity of the act = maintained
snd nil objections thereto are controvert-
ed. and reliance Is placed IN the well
Known and long established doctrines o'
the Iourts that there is II presumption IN
favor Of the cOnstitutionaIIty OF any ACT
of the Legislature. and the unconstltTion-
ality of an act must he very clearly shown
to be beyond reasonable doubt before the
Courts Will declare it null and VOID.
This is, in brief, synopsis Of the nam
argument. There were number OF
minor questions presented and argued
growing out Of these respective items
but these seem to me the only vital issues
in the case. Whole libraries had been
ranSacked for decisions and precedcnts