Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-06-26
the CONTEMPT CASE.
Attorney RussslI's Communication
to the Supreme Court
Calling Attention to the intimidation Effort
---counseI Reinstatement
On the Case.

The principal topic OF conversation soout
the city, yesterday, was the order of the
Supreme Court arraigning the Intelhgencer
for contempt, and many and various were
the opinions expressed. As there seemed a
general desire for the text Of Mr.. Russell s
communication 70 the court, it is here
given in full;
Mr.. RusselPs Communication.
To the Honorable Judges Of the Supreme
Court of Appeals Of West Virginia:
As we'll known to the Court there was
pending here on the 18th day of June, 1884,
and there is now pending and undeter-
mined, proceeding by mandamus, at the
relation of Joseph s. Miller, Auditor, against
T. II. BucLar an. ASS, ssor Of Brt o'Se coun-
ty. This proceeding involves the constltu-
tionality Of the Exemption act, Contained IN
the 43d section of chapter II ofActs oflSSl
and the propriety oc what is well known
throughout the State as the supplemental
assessment order
have the honor to be member OF the
bar of this court and to be the counsel for
the relator in the cause referred to.
On the 18th day of June, the Wheeling
Intelhyencer" newspaper Of general clrcu-
lation published in the city of Wheeling,
contained an editorial article, referring ex-
pressly to the questions | have mentioned
as involved in said cause and referring by
implication to that cause ITSELF This arti-
Gle stated that three out of the four judges
of your honorable court had told q Demo
cratic caucus, more than year ago, in et-
feet that the court would sustain the Sup
Elemental assessment order and hold the
exemption statute unconstitutional. The
article then says that it was not intended
that "the purpose of the court" should be
made public and intimates that the publ
cation. of its purpose may induce the court
10 change its mind" beg leave to submit
with with this communication a copy OF the
newspaper containing the article referred
10.
This article has every appearance of an
attempt to
AFFECT THE DECISION OF THE COURT
in the case of Miller VS.. Buchanan and to
intimidate it into deciding against the re-
lator. While do not believe that any et'
feet will be produced upon the court which
will affect that case, still deem it my duty
as an officer of the court and as coun
sci for the relator, not to permit so palpabe
an assault upon the purity and indepen-
dence ofthe administration ofjus1ce TO pas
unnoticed.
The firm of Frew, Campbell & Hart, COM
posed of John Frew, A. ". Campbell and
c. B. Hart, are, as lam informed the pub
fishers Of the Wheeling Intelligence"
Should the members of this Court so fa'
forget their duty and dignity as to express
in advance, for political or o,her purposes
their opinions upon cases which may COM
before them, as judges, no one would bt
quicker than | to condemn such practice.
If II could be shown me that any Of your
honors had been guilty Of what the lntelli,
gencer lays to your charge, | would willing
" Join the editors of that paper in bringing
the matter before the proper tribunal at the
proper time. utwhether these matters are
true or false, the case of Miller vs. Buchan
an is now pending and you alone must de
eide it. While it is before you, your con
duct with respect to the case itself and the
questions in it, is
NOT THE PROPER SUBJECT,
in my opinion, of public criticism.
Disclaiming any feeling of resentment or
luminosity against the publishers of the In
relligencer, and acting solely from desire
TO do my professional duty, ] now lay the
matter before the Court, and shall not feel
that am called upon either to suggest to
the Court what it shall do in the matter, nor
to take part in the prosecution of any pro
ceedings which may be instituted, should
the court see fit to act
With great respect,
HENRY NJ. RUSSELL.
June 3d. 1884.
pprpApTSc rOp wAR