Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-04-13

only 10 say, that Tor more than seven
wears which ho has served with cml'
ncnt ability the Third Circuit In tho Iu'
dIcial capacity. he has not, In Tact or In
the estimation Of right.thinking people,
allowed the slightest display OF partial
lty or difference between white ana
black, high or Low. rich or poor--all who
have appeared before the bar have baen
equal In the eye OF the Law, and the cor.
respondent oi the htelli9cncer noed have
no lear that any class will iail TO ~.
cciyo pure justice from the courts OF
this circuit. In our Judgment tho h.eI-
ii0cnop would have done better Tor Ia
readers by publishing our synopsis VI
Judge llogc's superb lecture than gly..
ingthem the carplng, unjust criticisms oi
It's anonymous correspondent,
Since writing tho foregoing remarks,
We hayo received the following com-
monta ON "Storrr" which, with tho ch-
ccption Of few introductory ohsorva-
tons, anticipated 10y our own, VIZ print
with pleasure.
Tho right 10 critlciso public man,
fully, frankly, severely II nscoaAary, u
indinputablc. But 10 anticipate evil
10 llnd fault on account oi errors
not yet committed ID not only unjust
aud absurd, but is the evidence OF u bud
nature. This describes exactly tho con-
munication Of "Storcr." lilo is anxious
~ 10 tho temper with which tho Judges
oi this State will accept the recent de-
ci,ion of tho Supreme Court In the
Straudcr case. hc IL "SurpriHed, as l
confess | anl, at the action oi Judge
Jackson in immediately placing colorod
menion u Jury; but ho Ia ~ doubt ~ To
what tho action oi Judge iiogo
will he. Nay ventures TO say that he
will not CONFORM To tho mandate OF tho
Supreme Court. aud order colorcd mon
To- be- placed on jurics The doubt OF
"Siurer," IN To tho action oi Judge
llVgc, aud the positive ntatomcnt, that,
with what socma 10 us u good doal ol
assurance ho ventures" 10 make, that
the Judge will not conform to the "man.
date" Of the Supreme Court, are lound'
ell upon two facts
First: All the questions raised aud
ovcrrulrd in tho Straudor case, we're
rnlHcd In the Toliyar caso In Berkeley
county, aud oycrrulcd by Judge liogo.
Well Does he suppose that Judge
Jackson, whose recent conduct no graf
lied" him, would have ruled diilornnt'
ly2 Aud docs hc not know, that the
Judge in the Slraudcr case, was Judge
Melvin, u gentleman distinguished alike
for his integrity, his learning and hia
pronounced ropublCaniam2
Hut why do ! speak of what "Siorcr
a. A l.iN II
the important question lac discuaHeS --
iiB history, ur even its character, not 10
speak Of the limitations on officials,
Judges &c, in carrying out the lAM.
The second ground OF "Storcr'a' anK-
icty in, that In u lecture recently dellv'
cred 10y Judge lIogc. ho, lloge, cxptcHa.
oil his opinions fully In respect. owl
IDENTITY, to the recent decisions oi tho
Supreme Court This socms 10 "stor'
cr' tu hc monstruusl lie iorgots tho
reception that hc aud his political an'
ccators gave tho Drcd Scott decision, q
few years ago. or the cpithcts the like
Of which Judge lIOgo In incapable ol
using that were then hurled nj tho
Supreme Court aud iis Chief Justice. "s
hut. all what u difference II makes
whose OK ls gorcdl Now can u bo pos
aiblo that "Slorcr" cannot discriminate
between Judge, performing his official
functions, interpreting mud laying
down tho law, and ol the same Judge,
IN hla private capacity, inrm'ng anu
maintaining his opinions between the
Judge on tho bench, aud tho gcntlc'
man ON tho Lecturers Rostrum' II ho
cannot, then wo are sorry ior him.
Hut will "Storcr' please tell ua some
thing about this mandate" that lac is
afraid nay, that lac IN assured will 10
lisrcgardcdI We do not doubt tho
Judges oi Wcat Virginia would bc
grateful for the information, Again
Mandate, or No mandate, will hc toll I'M
what provision oi the Law oi this State
authorizes 4 Circuit Court Judge to in.
torioro with jurics4 But ! am wasting
words. there IL no such provision. A
Judge ~ this State has no more 10 do
with the constitution ol tho jury panel
than has the man In the moon.
"Storor's" trashy u lSquolailon ol
Judge llogr's lecture shows that ho
Hpcaks at second hand, aud did not
himself hear tho lecture. We regret
this. Il would have taught him many
useful things. A. argument alter srgu.
mcnl was poured forth In advocacy OF
tho sanciiiy ol tho law, aud OF tho no
ccasity oi obedience to law AZ mob Law
was dcnounccd. and people were inyok p
cd t. stand 10y the constituted anthorI'
ties oi the State, u seems to us that
"Storcr' would have thought twice be
fore ho ycnturod into print with very
foolish attack on the last man in the
State open 10 II,