Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1882-05-23
MiSGELLAHE GUS.
Two Important Supreme Court De-
oisians,

tFrsn the wheeling RsEister. aSay ssh.1
On Saturday, before the Supreme Court,
were decided two ossss, or classes eF cases.
shat deserve moro than . passing notice
The frst is known as
WAR CLAIMS CASES,
and, the decision affecting all of them, it will
be read with interest. The cases grew out of
tho war, snd were those in which Judgment
had been readeTed in subordinate courts, fer
losses sustained by reason of sets of persons
IN the Confederate army. The Constitutional
Convention of 1872 adopted a provision
declaring substantially that no person on Ell
ther side during the late war should be held
responsible for his acts rs soldier. Nor
should his property be taken to satisfy any
judgment rendered against hir1 for acts dece
according TO tho usagss OF civilized warfare.
AterWard the Legislature passed Law au>
thoriziBg tho courts to grant peW trial in
al such cases.
The constitutional questions wore argued
. year or moro ago by Judge David johnson.
ct Mercer county, and Messrs Hoke end
Reynolds, on behalf of the plaintiffs. in She
Judgment, and by Col. Robert White and
Judge A. G. Snyder for the defendants in
the Judgments.
Judge Johnson on Saturday doll. cred the
Unanimous opinion OF the court, holding
'' O''o 90" Va 1uo beSiSIatuEe, which Eur>
ported to give remedy by granting oow
trials IN such cases, vas Unconstitutional, be-
cause repIgusns to the provisions of the
Constitution, providing that the remedy
should be by 'due process of law" or Ia other
words, decided that tho mode given for relief
BY ae" trial was not "dCe process OF law. :"
but upon the main question the court held
that the provision OF She State Constitution
referred 10 was not unconstitutional With the
Constitution OF the United States, and that
therefore the judgments we're void. and
cannot be enforced, aud tina. the coCr,s rapst
so declare them in any case in which Il an.
pears that the Judgments wers asd because
OF the ooss done according TO the usaces Of
civilized warfare.
BUILDING ASSOCIATION CASES.
A humber Of building association cases
we're also decided, on Saturday, Judge Green
delivering tae opinion. The various points
were made IS follows:
L. That tho redemption of shares By
Building associss!on is not the purchase of
the shares By the association. but is loan
by the association TO the member Shoss shares
are redesrnod of the amount actually paid to
him by the cssccia:ios, and oos = loan Of tho
par value or the shares aud tho association
can legls'raaseiy only Gensrd intozsa. Oh the
amount actually paid to the member: sud If
Ut demands or receives intaressoa the nsr yalus
OF tho shares. instead oE on tho amount &C.
tuaiiJ advanced, it is Csurious, md the excess
OF interest mnst be accounted for.
2. A buildies sssoeistien has right to
impose reasonable Snes for the noa>paynen.
OF daea, but can impose but one fne for the
failure to pay tie amount of dues which is
payable at one ti-no..
3. A d2e Of tea coats a week on a sba-s.
for faiiIre to pay dues Of twenty-five cents
week on share, ia a reasonable fne which
will be enforced By the courts.
4. a building association Sss no. right 10
impose tue on member for the nOrpsy,
nent OF interest pTo3ptly.
D. n building association is bound to gee
to the application of the ncaey borrowed CT
by member to :he buying of hOzso or
lot, or the building or repairing OF house
and if it fail to 60 SO, Gad tas money loaned
is applied to aoy other purpose By the Dor
rover, tSe building association nay COMPEL
the return of the money actually Ioaaed and
the Interest On it, but caDnot exnot the pre-
MUM which tho borrower bid for the prefer
enoe ia taking the loan
q. a building association may lake deed
Of trust ia .ha fora il usually takes a dead
81 trust on she ro1l propc.: Of a third oersop
aAstsad Of the gonboT SoTrosiDg .hs r7oaoy.
and enforce ii to she $3.50 extent IS If t5e
deed OF trust was given by tho borrower.
TEE FRU1rs OF Mrx1r.-pr. Hartman < Co.
fiease send me lot of yeur books on thu 'Iil,
Mans'i". They are very highly spoken Of IN
+. H. Boss3IAS, P. b.. westfo1i, Pa.
Deas SIR; l have IA ken half doLon bottIas of
your S'ru"o and fud ii Is doing mo great p"aS.
Steubenville. Clio.