The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-16
THE PRESS s.-lLL POUNDING THIN.
The D.macracy numil'sted By Their Dtspotic Act.
LAW and Jas.Ics O,err'ddsn and tho Caarsts 4
Btill naugisg Over Ttsm Free Spsseh
Asd ffss PstH DEMANDED.

pFeBB OI OIuel 0tAtebs Although IumOIu Qnu
been floating through the air to that effect
the first publication Of tho charge that three
OF the Judges Of the Supreme Court had
indicated in advance What they could be
relied on for decision in csec that might
in the course Of events be brought before
tho Court OF which they were members for
investigation and judicial determination,
appeared In the Greenbrier Independent, q
reliable Democratic paper published at
Lswisburg,the home Of one Of the Judges
OF tha Court. The language OF the Inde.
pendent in that Connection was as follows
"Three Of the Judges Of the Court Of Ap.
peala were consulted as to the scope Of
their decision, and to them we're submitted
the letter and circular, which they e1am-
ined, revised and approved" iJrE
That publication was made last August,
and as no effort was made. to deny the
charge therein contained for go long q
time, public opinion rather settled down
to the conclusion that there was !. some
foundation for the allegations, and the peo:
pie OF the State ielt sense q humiliation
that the judicial ermine should be soiled In
the cess-pool Of partisan politics, and that
judges should be go unmindiul Of the high
places they occupied as to degrade
the judiciary by committing an
offense that wss impeachable. This
sense Of humiliation was espec-
cially bitter to tho Democratic voters Of
the State who felt that they were responsi.
BILE for the construction ofthe court. When
tho statement made by the Independknt
WIS caught up by the Republican press Of
k1,a EIofa ovH hur1oN hroo ,1onak .-.lI A.
malicious delight Of partizans who prefer
to secure party advantage than to protect
the fame and fair name Of the State, tie
Register as an advocate and exponent Of
true Democratic principles and zsalous ior
the purity and welfare OF the party WAS
impelled to call upon the promulgatore Of
the charge to furnish the evidence OF its
truthiulness or in the event of failure 10
do 80 to stop their malignant ISLANDERS, :,
It was, therefore, with no little degree of
satisfaction that we saw the court after 30
long time seem to arouse TO the dignity
OF the situation and issue its proceedings
against the lNTELLlGRSCRR to show cause
why II should not be proceeded against
for contempt. Our expectation was, and
erch was public expectation, that the mem.
bers OF the court holding supreme power
in their hands would overstep the techpi.
cal barriers surrounding it and not ouly
open, bat invite the ireest, fullest; aud fair
est investigation Of the whole matter, and
embrace the opportunity TO place itself
before the public, as We believed Il would
do, fully acquitted and vindicated Of the
charges that had been alleged. We con-
fess to little partizan weakness we had in
anticipation of hurlipg back upon the
Republican preas the falsity OF the accuse.
tiops which we had believed were cir
culated for purely political purpoees,
While We do not call in question the right
Of the Court to do 60, we regretfully con-
fees that we Share in the additional bumi.
liation Of the Democratic voters OF the
State, that the Court preferred to hedge IT,
aelf with technical dignity rather than 10
present to the people Of the State full ,e1.
position Of tho entire matter
Thiahumiliationi isrenderad moreintense
hv the public avowal Of Mr.. Harlow, the edi.
tor of the Independent, thath knew the state
meuts made in the publication OF his article
to be true at the time they were published,
and be stands ready at any time to pro.
duce the evidence to sustain their
truthfulnees. Mr.. Harlow q a promi-
nent citizen Of this State, gentleman Of
well established integrity and veracity and
his word carries with it to the public mind
all the force of a judicial decision. But
the most distressing feature Of this unfor.
tunate proceeding is what We conceive to
be an effort to stife the voice OF the preys
and to destroy it's freedom, a cardinal prin-
ciple for which our. revolutionary ancestry
struggled, and became one of the corner
stones OF our free American Government.
We accord to conrts the ripht to maintain
their dignity. We deny to them the power
to nbIidge the Constitutional rights Of the
citizen. we accord TO the courts the right
to vindicate themselves from false accusa.
ton and 10 preserve the high standard OF
judicial integrity. We deny to them the
lower to deprive the humblest individual
Of the land the right to maintain, II he
can,, the correctness OF any position he
assumes to take. Whilo courts are en-
powered to punish as contempt any insult
offered to their tribunals, still the Judge
Of Court Is only an American citizen
with no higher privileges attached to his
person than belong to the draynen In our
=, .-eetp. They stand upon an exact equal.
;ty, Of political citizenship. II Judge, or
a, vernon, or a member OF the Legis!a.
tnre &c. .nmits an improper act he Is as much
the pubiact OF criticism as the poor day
iahorer. There can be no distinction Of
classes under our American system Of gov
ernment. and the fact that an individual
is elevated 10 Office whether it be judicial,
executive or legislative, does not invest
him with higher personal, civil or legal
privileges above the ordinary citizen. but,
in fact, makes him more the servsnt OF
the people than he ever was. Such ia our
American SYSTEM .
The Press Is the chief palladium Of our
liberties. To II, more aud more as each
wear rolls by, the American people look Tor
yindication Of what is right and tho ex-
posure Of what is wrong It ia the acknowl.
edged sentry on the watch tower Of our
liberty Happily there are safeguards
thrown aroud its great power in tho way Of
legal restrictions that make It responsible
for it's utterances. When q newspaper
abuses it's high prerogative the remedy ia
open 10 the judge or to the humble private
citizen nike. To one as much as to the
other. Not to the other more than to the
one. It is therefore with no small degree
Of alarm that the people Of our State view
the establishment OF precedent that
might be used in improper hands 10 muzzle
che prees and in effect destroy free speech.
II a newspaper Is liable to q fne and i'm.
iprieonment for the free utterance OF what
II believes 10 be truth and Ia to be denied
the opportunity OF verifying its statements
IN Its own defense, go iH tho citizen. Such
a ia cieion followed to its ovn cnnclnaion
place the liberty and the property Of every
citizel, Of the State at the mercy Of four
men Il vested with arbitrary power.
II vi, are bordering on despotiam it is
proper that the people know It. There is
grave principle involved in the discus.
eion Of t his matter, and however much we
regret th. !, neceesity for it We feel it our
dntv TO sl ,eak our mind upon the aubiect,