The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-11
CHARLESTON, May 10, 1875.

CHARLESTON, May 10, 1915.
To HIS EXCELLESCY, j j. JACOB:
DEAR SIR Late yesterday evening
your page delivered TO me- the epistle
YOU were kind enough to address to me- go
late that ! could not then spare the time
to answer, but do so now, feeling that |
should embrace the very earliest moment
to answer, which could spare from my
official duties. Our friendship hereto
fore has been Of so kind a personal char
acter that | sincerely regret the condI-
ton, to which YOU 50 delicstely allude, in
which we may be, and new are, officially
placed, of antagonism, and which, | am
free TO confess, / do not regard a being
unavoidably necessary. This will not,
and shall not, interfere with the great re-
spect | entertain for you, both as man
and as the Chief Executive officer of the
State; but must also say that | deeply
regret-if | correctly understand your
pOsition-the tact that you have con-
cludsd 10 disregard the judicial wFlts,
thereby setting up executive power IN
opposition to Judicial right, and convert
ing executive Office into appellate juris-
diction. | hope you will reconsider this
matter, and consider whether, under the
theory of our government, any position
apis man from possibility to the
judicial tribunals. If you are correct IN
your views and remarks that the princi-
pies and questions have been often set
tied, why DO you assume appellate Judi
cial functions; if they have been decided
already adversely to the plaintiffs in the
Injunction, YOU would find but little
trouble in ending this very unpleasant
litigation, and relieve me Of FeSpon.l-
biltv which | feel more sensibly than
any other responsibility ! ever felt. You
could, upon motion 10 dissolve, produce
them. and | gladly examine them, for !
am anxious to know my duty and free 10
discharge II a. understand it. am
free from any bias or prejudice, having
neither made up nor expressed any
opiri n in this case. The injunction was
granted by Judge Ward, whose powers
are the same AS my own; and being
granted by competent authority, What
can DO but require obedience while IL Is
pending in my court fee! assured OF
the truth of your remarks that You have
no wish 10 treat me or the court over
which | preside with intcntiona! con
tempt. All the past proves the truth OF
this, and | believe 1t; but, IN refusing 10
obey it, precepts, setting At defiance IT,
authority, and dlsrcgsrdIng ITS mandates,
do you not give us an example OF dIsobe.
dience which amounts 10 DISCRIMINATION,
and will not all infer strong disposition
and inclination on your part not 10 De re-
strained by law The Judicial tribunals
are the proper forums To determine the
consttutioualitv of law, or | have long
been in error. Each Of the departments
have their appropriate and proper iunc.
tons The Legislature makes the laws
the Judiciary decide what the laws are,
and the Executive eu,orces them e. eG-
pounded by the Judiciary. The EN"c-
utvc mas no more right 10 assume judi
cial fur ctlOns than the judiciary has 70
assume Executive functions, Questions
involving the constitutionality Of an act
of.the Legislature must arise IN Il Circuit
Court and be frs. determined by a Cir
cult Judge and the opinions Of s.Clrrut
Court must be held and regarded as be-
ing correct until reversed or changed by
higher authorities Any other doctrine
would subvert aud uproot our whole ,ys-
TEN Of Jurisprudence; and in TIL. partic-
ular casc | do not know Of better way
of getting the questions brfor" the Iu-
dicial tribunals, who alone have the right
to decide. Judge Ward having taken
the inltiatory step and brought II INTO
court whether prudently and wisely or
not have no right to inquire unless the
case is presented 10 me, now / would
ask. under the circumstance, Will It not
be best for US sll 10 treat this matter with
the becoming respect which Is always due
in good government to Judicial proceed
lngs2 The cause Is now In court, and
would most respectfully sugge,t-hu! not
IN the spirit of dictationi it is prompted
bv feelings of other sentiment that on
motion 10 dissolve il could De acted on n,
once and release Us all Of deep rcspOn-i-
blitv; and II not disposed OF Iutistactou
Is, either party feeling themselves az
grieved can have speedy settlement Of
the matter IN the Court o, Appeals, who
would feel in duty found 10 act upon Il
without delay. This course would recon
clle and harmonic, instead Of introduc-
ing confusion in the variou, departments
OF the government. Bat have already,
perhaps, taxed your patience overmacn,
but YOU must excuse me-, rs | Zee! deeply
seuslb.y, f the responsibilities Of the con-
dition into which We are floating. /
therefore hope YOU will receive this an
swer with the same -pirit OF kindness
which has dictated il, and IN closing !
tender you my warme-t per-ona! regard
and esteem. Your truly.
j. SMITH.