The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-08-10
Ghe GnteItiQetrrer.
A PRIVATE CIRCULAR
ina, Was Used ON Iadss Green's Behalf
nj the mnriinsbarE Convention.


however proper in other departments o
popular government, has never beef
recognized as applicable to the judiciary
1t is justly considered that experience, no
less than learning and capacity, is needed
to make the able and efficient Judge, ant
that stability is one Of the prime objectst'
be sought in the constitution OF our high
est courts.
Moreover the complete devotion to tn,
duties Of his position demanded OF tn,
able and upright Judge SO thoroughly iso
lates him, in mature life, from all othel
sources ofsupport, that 1t is but fair to hin
that he be not dismissed without good ant
compelling cause.
We have heard no reasons assigned fol
a failure to re,elect Judge Green and
should not deem it necessary TO say Q
word In his advocacy, but for the canvass
which has been made in come parts OF the
State in the interest Of other parties.
1t Is hardly necessary to say that Judge
Green is in thorough sympathy with the
people OF our State. His ancestors were
Virginians; he was born and educated in
Virginia, and his whole professional life
has been spent in the limits OF what Is
now the State OF West Virginia.
He has ever been, as might naturally be
expected, aStates-rights man; ready to OPP
pose encroachment on the rights OF his
State even when opposition involved great
personal sacrifices. Believing that bis
State was being oppressed he took up
arms in her defense and served faithfully
as private in the Cd Virginia Infantry
Regiment, following Stonewall Jackson in
his splendid campaigns.
Judge Green has never been politician,
having filled no political Office except a
single term in the Virginia Legislature.
That he has been most industrious
worker on the bench, the West Virginia
reports afford amplest proof But these
reports can show nothing OF the labor
necessarily bestowed on the examina-
ton Of manuscript records, in grant
ing and refusing appeals, and the
labors of Judge Of the Court OF
Appeals, in this respect, are but little un-
derstood or appreciated. The Reports,
however, do show the labor bestowed in
the writing OF the opinions OF the Court,
which is the most onerous duty Judge
has to perform.
The reports OF the several States show
that the average work OF Judge, in one
year, is the preparation OF from sixteen TO
eighteen opinions. Thus In West Vir-
GINA, in the thirteen years prior to the
reorganization OF the Court OF Appeals In
1875, there had been an average OF about
sixteen opinions year by each Judge.
An examination Of Grattaq's Reports for
the last ten years will show that the num-
Der OF opinions in the Virginia Court will
not average more. than eighteen for each
Judge year.
Judge Green has prepared ll2 opinions
in four years, an average OF twenty.eight
per year, and greater by fifty per cent.
than the average work Of an Appellate
Judge.
Our reports, too, show that in the
preparation OF these opinions he has
bestowed much more than the usual
amount OF labor.
His opinions have been very often com.
mented on by the leading law journals Of
the country; We cannot here refer to
many commentators, but will cite
one remarkable instance which we
regard as especially compliment.
tary. In the numbers OF the Albany Law
Journal for September eth and October
4lh, 1879, there is long review OF the
opinion Judge Green delivered in the case
OF Radford ct al. VS.. Carlisle ct al, Is West
Virginia, and the views OF Judge Green,
though criticising the decisions OF the
New York Courts, on the rights of mar.
ried women, are approved by the editori
for the evil effects Of those decisions are
SO clearly shown in the opinion Of Judge
Green that the leading Law Journal Of
New York is forced to unite in deprecat-
ing the decisions Of its own State, on this
Important subject. In the case OF the
State OF West Virginia va. Strauder II
West Virginia, the trne meaning and
scope OF the 18th and l4Gh amendments
OF the Constitution Of the United States
came under review. Judge Green deliv.
cred the opinion of the Court, and those
provisions were construed, as any other
part OF the constitution comforting powers
on the general government should be con.
strueI that is strictly, and 30 construed
the court held that the State bad the right
TO constitute her juries, II she thought
proper, OF the white citizens OF the State.
This decision was reversed by the SUI
preme Court OF the United States, but the
views OF Judge Green were approved by
the only two States-right Judges
on that bench. Judge Field in
his dissenting opinion polnta ont 80
clearly the evil consequences which
must result from the latitudinarian
construction placed on the Constitution
by the majority OF that court, that no one
who desires the preservation OF our Re
publican institutions can fall to see the
importance OF keeping on the bench men
whose views on these important questions
are known to be sound and patriotic.
So great was the importance attached "a
Judge Fields opinion that 1t had hardly
been delivered before he was fayorabll
spoken OF by many States right men and
Democratic journals as the candidate fol
President, We feel assured that the
States right men OF West Virginia and the
Democratic Conservative party OF the
State heartily approve the views expressed
by Judge Green In the Strauder case, and
the views OF Judge Field in bis dissenting
opinion in the Supreme Court OF tht
United States, and that they will not TAI
to show their appreciation and give theiI
hearty endorsement by the reelection o
Judge Green: II is true the Federal pres
Of this State has denounced these sount
views OF Judge Green, and has made wa
on him because he declines TO adopt tn,
modern modes oil escaping from the re
straints OF the Constitution, and thu
aiding in destroying our Republican Torn
OF Government, but as no portion Of th
press as far as we are informed ha
ever found any other fault with him q
a Judge; the failure oithepeople 70 re.elaC
him, could not be understood elsewhere
than as condemnation Of his States-righ
views, assexpressed In the strauder cast
which same views were 90 ably detende
by Judge Field in the Supreme court
the United States. -
- 4 III. 49, IA ~