Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-05-21
WHO SHALL RULE ?
The Coming Row In the United
States Courts
At Parkersburg-who Has Jurisdiction in
the White Sulphur Springs Case
Marshal Atkinson to Answer
Rule For Contempt

Tomorrow, the ed inst, there promises
to be an attempt at a settlement Of a very
pretty question in the Federal Courts at
ParkersbuIg, viz: The jurisdiction Of the
White Sulphur Springs case. Marshal Az
kinson will leave to day to be present, to
answer a rule, issued by Judge Bond, to
show cause why he should not be treated
for contempt. 1t was very generally
printed in the papers, few days ago, that
Judge Bond had issued an order for the
ARREST or THE MARSHAL,
for proceeding contrary to his orders in this
case, but in spite Of this, the Marshal quiet
" pursued the even tenor OF his way,
watching the election in the Third district
and prophesyiug Judge Browns election
by so. On Saturday he returned from
Charleston, and last night REGISTER envoy
called upon him for an account Of the mat
ter.
Instead of an order OF arrest Judge Bond
had issued q rule, summing him to appear
on the 22d and show cause why he hould
not be treated for contempt. IL have pre-.
pared my answer" said the Marshall, and
can show that am not in contempt
The history OF this case is quite interest
ing, and involves q question of jurisdiction
between Judge Bond and Judge jackson.
Judge Jackson, as District Judge, was, by
a special act Of Congress,
GIVEN Tie POWER OF A CIRCUIT JUDGE.
Judge Bond is the Circuit Judge for this
district. Last March the White Sulphur
Springs case was brought before Judge
Jackson, in the Circuit Court, and the
property was turned over to the care OF
Marshal Atkinson, who sent an agent
there. to take charge. The case was soon
afterward abandoned in the Circuit Court,
and on the 10th of April entered in the
District Court at Clarksburg. Judge Jack
son continued Marshal Atkinson in charge
until he should appoint receiver.
Three days afterward Judge Bond, at
Richmond, took hold OF the case and ap-
pointed,
As RECEIVER,
\. L. Bolware, Esq, prominent attorney
OF Richmond. He gave Mr.. Bolware an
order for the property, which order was
his own, simply, and not issued from the
clerks office Armed with this order
Mr.. Bolware went TO Parkersbur,, think
ing 20 find the Marshal there. Failing III
this, he telegraphed him al Wheeling.
Mr.. Atkinson replied by adyising him to
20 to Charleston, aS be was then on the
point OF staring for Nashville, where he
was summoned as witness in a revenue
suit. But Mr.. PDlware went to the
Springs ard 10 NJ. AtSinsons agent de-
liyered his order. Tue agent turned over
the property which was, said Mr. AT
EiGsOn,
a VERY FOOLISH TRICK
This change of custodian did not please
Judge Jackson. who at once sent Deputy
Marshal from Charleston to recover the
Springs property. But when this official
reached the White. Mr.. Bolware declined
To tIrn over tbs property and the deputy
cut the GOrGian knot by arfesuns him and
taxing him u Charleston. In this con-
tiiCt Of authority, all appeal was made TO
Chief Justice Waite, of tie Supreme Bench,
who came to the rescue. lie sent an order
to Judge Jackson to release Mr.. BolTare
and preserve The case in sta;u quo until
he had decided the question OF iuriSdiC-
Judge Jackson released Mr.. BOlman and
there an interesting little episode took
place,
When Mr. BOlware was released Judge
Jackson cautioned him against returning
and reSUmipg the custody OF the White.
Bolware said he would do it, whereupon
Iudge Jackson said if he did, he would
bring him back and fine and imprison him
TO THE EXTENT OF THE LAW.
Marshal Atkinson counSeled Bolware
against extreme measures, and Bolware
agreed TO return and not assume authority.
IL now became Judge Bonds play. His
order TO Bolwale had not b cen carried out
and the dignity of his court must be mliR-
tanned. He accordingly ordered rule TO
issue, sUmmoning Marshal Atkinson to APP
pear and show cause why he should not be
treated for contempt. This rule is return
able at Parkersburg tomorrow and there
the Marshal will make answer.
II is a very pretty case aud its progress
and d.HoJcuePt will be noted with interest.