Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-05-08
BENCH AND BAR.
Two Important Supreme Court
Decisions.
The Construction Of the Building Associa-
ton law-The War Claim Act De-
cided Observation-Disclosures
Court News.

On Saturday, before the Supreme Court,
were decided two cases, or classes OF cases,
that deserve more than a passing notice.
The first is known as
WAR CLAIMS CASES,
and, the decision affecting all Of them, it
will be read with interest The cases grew
out of the war, and were those in which
judgments had been rendered in subordi-
nate courts, for losses sustained by reason
of acts of persons in the Confederate army,
The Constitutional Convention Of 1872
adopted provision declaring substantially
that no person on either side during the late
war should be held responsible for his acts
as a soldier. Nor should his property be
taken 10 satisfy any judgment rendered
against him for acts done according to the
usages Of civilized warfare. Afterward the
Legislature passed a law authorizing the
courts to grant new trial IN all such
cases.
The constitutional questions were argued
a wear or more ago by Judge David John
son, of Mercer county, and Messrs. Hoke
and REYNOLDS, on behalf of the plaintiffs,
in the judgments and by Col. Robert White
and Judge \. {. Snyder for the defendants
in the judgments.
Judge Johnson on Saturday delivered the
unanimous opinion Of the court, holding
that the act of the Legislature, which pur'
ported TO give a remedy by granting new
TRIALS in such cases, was unconstitutional,
because repugnant TO the provisions OF the
Constitution, providing that the remedy
should be by due process OF law" or IN
other words, decided that the mode given
for relief by new trial was not due process
of law" But upon the main question the
court held that the provision OF the State
Constitution referred to was not unconstl-
tutional with the Constitution of the United
States, and that therefore the judgments
were void, and cannot be enforced, and that
the courts must so declare them in any case
in which it appears that the judgments
we're had because OF the acts done according
to the usages OF civilized warfare.
BUILDING ASSOCIATION CASES.
A number of building association cases
were also decided, on saturday, Judge
Green delivering the opinion. The various
points were made as follows:
/. That the redemption of shares by a
building association is not the purchase of
the shares by the association, but IS loan
by the association to the member whose
shares are redeemed OF the amount actually
paid to him by the association, and not a
loan of the par value of the shares, and
the association can legitimately only de-
mand interest on the amount actually paid
10 the member; and if it demands or re-
ceives interest on the par value of the
shares, instead of on the amount actually
advanced, it is uSuriouS, and the excess OF
interest must be accounted for.
=. A building association has right to
impose reasonable fines for the non-pay-
ment of dues, but can impose but one fine
for the failure to pay the amount OF dues
which is payable at one time.
g. A fine of ten cents week on share,
for a failure to pay dues of twenty-five
cents a week on share, is reasonable
fine which will be enforced by the courts.
!. a building association has no right to
impose a fine on a member for the non
payment of interest promptly.
5. A building association is bound to see
to the application of the money borrowed
of it by member TO the buying of house
or lot, or the building or repairing of
house; and il it fail TO do so, and the money
loaned IS applied to any other purpose by
the borrower, the building association may
compel the return OF the money actually
loaned and the interest on it, but cannot
exact the premium which the borrower bid
for the preference i'll taking the loan.
Is. 4 building association may take deed
of trust in the form it usually takes deed
of trust on the real property OF third per-
son. instead of the member borrowing the
money, and enforce it To the same extent
as if the deed of trust was given by the Dor
rover.