The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-05-03
FROM CHARLESTON.
An Important Decision of the
white Sulphur C,se"-sI, 900, 900
inyoIved-Bu.y Preparations Tor
the Removal of the Seat of Govern
Ment, dc., &c.

April OOlu. 1917
Editors of the Register:
The Federal Court will, in day or
two conclude one of the most interesting
and arduous sessions ever held in th,
city. From the first day of its meeting
the crowds in attendance have been
large, especially the usual influx of law
vers from the "Old Dominion" Chief
among the important suits which came
up before Judge jackson, was what is
well known us the white Sulpher
Case" involving more than million Of
dollars, and which seeks to sell proper
ty, the most remarkable, perhaps, IN Its
history, associations and actual value, on
the continent The institution OF the
suit into the Federal Court, arose from
the abnormal and unhealthy condition of
affairs prevailing for several years after
the close ofthc war, in certain portions
of our State. It's presence in this court,
NAV. too, be taken rs an evidence OF the
faith of the many litigants in the probity
and ability of our Federal Judge. The
name of the First Judge OF the Green
brler circuit is familiar to every one but
the means by which ne acquired his un-
cnviablo reputation are not
so well understood. In the
circuit of which he was Judge he had q
commissioner and receiver, who was
bound to him by peculiar ties, and when
ever valuable or productive property
was involved in suit, sale was postpO.
ned upon one preteIt or another, the
property paced in the hands of his re-
/ ceiver who when the rents came in, Oh
| served the one rule, addition, division
and siiexcc.' In the spring of 1868 1t
/ became known 10 some of those interest
ed in the White Sulphur property that
this willy chancellor had fixed his cOvet-
Gus ewes on that beautiful and valuable
summer resort, and that proceedings had
been suggested which would soon result
in having tho property placed under
the control and management Of hls alter
cgo and that the revenue of the property
would be directed from the proper chan
mel of the White Sulphur Springs Com
pauv. Several of the creditors determin-
cd to rescue this princely property from
the grasp Of the despoiler, Instituted suit
/ in the Federal Courts and asked L sale
of the property, in order that it might be
drawn from the jurisdiction of the
/ Gre, nbrier Circuit Court; for it was well
/ known that when under the control and
management of JudgeJackson it would bc
( directed solely in the interests of those
/ equitaibly entitled to the rents and in strict
accordance with the rules OF law and cqu-
| ". This suit is one ofthe many instances
/ IN which the citizens from this State are
| able to secure the protection Of their per-
sons and property only by resortlnS to
/ the Federal Court.
For some time past the creditors of the
. W. S Company have been anxious
70 have its property subjected to the pay
mcnt of their debts, while the company
and some Of the numerous creditors have,
with equal vigor, resisted such sale. The
questions involved in this leading and
most important suit, were thoroughly
arrued by the most able counsel. Col.
VIM. W. Gordon and Major j, ii. Car
r!ngton, Of Richmond appeared for the
Company. Judge VIM. j, Robertson
formerly of the Virginia Court Of
Appeals, represented those crcdl-
tors desiring sale, and Judge
appeared for the present lessecs of the
property who desired the court to con-
firm q lease for five years which had
been made with the Company by Com
missioner of the Court, Hon. II. NJ.
Mathews. whose intricate and able re-
port both the Court and counsel joiRed
IN complimenting The speeches We're
all stamped with the highest order OF
legal acumen, fairness and eloquence,
Judge Robertson closing on Tuesday with
an effort we'll worthy Of his fame and
Great learning. On Wednesday morn
ing his Honor, Judge Jackson, delivered
lucid and exhaustive opinion and rem
dercd n decree rccommitting the volum-
lnous report of the Commissioner dir
ccting lease for the ensuing season 10
be made with the lesces at SlS0u0 per
year, rcqui-ipg the Commission II TO rent
the property at auction in August next
! tor two years subject - the ratification OF
the Court, and also 10 advertise for pro-
posals to purchase the property all OF
which are to be reported to the April
term, 1876.
In delivering MS opinion tho learned
JuuEc HlAuc Il most Clcar ana iDrClUle
presentation of the rules Of
equity by which Court should
/ be controlled in protecting
and adjusting such delicate yet import
ant interests as are involved in this case.
and all who heard bis views, were fully
satisfied with their justice and the cor
| rectnesS Of his conclusions Even the
counsel who were hoping in the interests
of their clients for a different result.
cheerfully admitted the consonancc OF
the decree, with the requirements of jus.
tice and that the property has beer 40
managed by the court that the final
winding up Of the canse will secure the
payment otthe largest proportion OF the
debts. The unusual amount involved,
the almost iunumerable creditors and the
legal power displayed by court and coun-
sci, will give this case q prominence
among the foremost cases adjudicated in
America.
The voice of the carpenter is heard in
the land. Several have been busy ali
week, under the supervision OF the Gov
ernor, boxing up the archives. books.
flags. etc. at the State House. Governor
Jacob seems determined to leave nothing
undonc to have everything in readiness
to move when the day draws nigh ito
remove the seat ofgovcrnmcntt to Wheel
ing." and to casual observer he j. IN.
vulnerable to the sneers and tauuts of
the outraged Third District" No scrr,,s
# process has get been motr 'p,H oag of
the DaytifS ,nc{ssded IN the jRjVHc'ioH' A.
the Circuit Court meets in Il few DAYS
this case will, no doubt, be ecal.cdup early
and passed upon. lr the meantime the
Cha lcstoniars are grumbling, and when
Jingle and Miller come down after the
Capital, they will find all the wrath at
least subdued and under good and
Wis" control
= The County Court bill, voted on last
saturday, WAS lost. The ballots are being
counted to-day. An amended bill or one
az moro VIII be urged through the Legis-
L"inre next fall it is hoped. The present
one excited but little favor.