The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-11

$500 NN i''l'ihtlitH IHHl lNtl tntlT All-
sWers, 50 that it only remained to prepare
iorinal opinion nll paSs sentence. The
following, gives the main points Of the
op'nloh, having been prepared by the court
Itself to 81 with the opinion:
Syllabus Of Opinion.
iirst-Wlen II contempt is not commit.
ted III open court the usual course is 10
issue Il rule to show cause why an attach.
melli Should! not Issue, though the attach.
meht should not Issue in the first ins,s,lc..
Seconl-SHch rule Is usually }ms,d, in
eases Of constructive contempt, on nm mi.
uArit or other sworn statement. oi t}te faets
constituting the alleged contemp,. but this
y hot Always essential The Court utay on
na o"h Information or Oh the nnsworn
stt1emehs OF a n'etnher Of the bar, In cases
whtfe The iacts are cuaranl unuistakablp.
snth us coa'emftaons publications iii 4
newspaper.
lhiH!-When the rule has Issued on III
uhswnrn statement Of II counsel, though il
nMy NJ detective in form 0rsuf,staucc, vet
Il me defendant appears and answers, nj.
milling !at's sufficient to constitute the
oHehse alleged against him, the Court will
POI fesaf objections to the proceedings for
the want OF an affidavit Or sworn state.
meh@, or Or account OF defects in the rule
though the objections is made in his an !.
swcr. ~ "'' '''
fonrtll-The Supreme Court of Appeals
OF This State has the constitutional newer
70 PUNISH as tor contempt the publication
o. u a9e' on the Court or the judges there.
o., acting in their judicial capacity made
aaF'as The term OF the Court, with refer.
ei'Ie 70 Il case then pending aud unde.
fltth-Thls power to sumrnarily nun;sh
contempt is inherent in All constitutional
courts, springing into existence upon their
sie ,: as q necessary incident 10 the ex-
e ,nd OF me powers conferred upon them,
rect contcmpts.
s'xshmlhe act Of the Virginia fegisia.
suIe Vi 1871, IN reference 10 punishment
!" tohtehiit OF court, which has been
hai,!ed down through successive codes.
am Is now found in Chapter Il Of the
Acts OF this State, was not intended and
aoes not apply to the Supreme Court Of
seEent'l-ln this State the power of the
supreme Court of Appeals to punish sum-
haFaiY pom direct and constructive con.
law. ~ 'o"'''''''
Eiishth-A publication in n newspaper
N The city where the Supreme Court Of
appeals is sitting, with reference to a case
.heh pending and Undetermined. charging
three OF the four Judges OF the Court With
attending political caucus more than n
year before, and advising the action ont al
when the case arose, and promising the
cancus to hold its action legal and proper.
aHH charging the Court with agreeing 10
decide the case before M approaching No.
ttscal convention, for political PURPOSES. is
Il contempt OF said Court which it mnv
s"nnarily punish.
After declaring itself above the law Of
west Virginia and the prevailing law Of
the collntry-attcr trlmplinr OH tin Rill ri
flights, dcfyirg the Constitution and over.
riding the statute oil West Vir,iniu IL.
judges find the editor OF the T,riarar,r
saoo, the publisher S95, added the costs.
ana a. committed both 10 the custody OF the
Sllerlil until the fines were paid. Ii the
INES an, intd not been paid these citizens OF
west Virginia would now be in the Ohio
county Jni, and there they would remain
lnt'l they paid their fines. In fact the
fines were paid ut once Judge Green reud
m opinion in which, he ANNOUNCED that in
his Judgment the defendants should be
imprisoned, and that the counsel for the
defendants hid also committed contrmpt
II alleging in the answer statements whith
they n'ttst iS've known to be false, and he
lho'!g't counsc! should also hive been
punished for contempt. The answers OF