Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-03-14
THREATENED LOCKING OF HORNS
Between the United States Supreme
Court and the West Virginia supreme
Court OF appeals.
Special 70 the Register.

Special 10 the Register.
WASHINGTON, March l3.-I sent you
day or two since some account Of the
threatened locking Of horns between the
Supreme Court of the United States and
the Supreme Court of Appeals Of West
Virginia in the case OF A, E. White, ad-
ministrator, vs.. the Chesapeake and Ohio
Railway Company. The account was
mainly made up from the statements con-
tanned in the answer flied by White to
rule issued sgainst him by the United
States Supreme Conrt to answer for con-
Tempt alleged to have been committed by
him in disregarding its process. Since
then ! have looked over the balance OF the
papers in the case aud it looks very much
as though
The SnarI Was Likely 10 Extend
in several directions AS it stands now
there are two contempt cases pending, one
sgsinst White for presuming 10 go on with
his case in the State Courts after SuperSedeaS
bad been allowed defendant by the U. S
Supreme Court, and one against Col. Hoge-
man for obstruciing the course OF pro.
ceediugs in the case in the State Courts by
his efforts 10 remove it into the Federal
Courts. It only remains for Judge Jackson
of tie U. S. District Court to bring Gov.
Mstht ws, Whites counsel, up for con-
tempt in disregardipg an early Injunction
issucd by the District Court in the case
and it will be time TO call out the troops.
From present indications the United
States is ,ike'y to come out ahead. The
Supreme Court is not likely to listen to
any arguments upon the m erits Of the case
itself in the proceeding for contempt and
will insist on having its process regarded
and obeyed. As illustrative OF the posi-
ton it occupied Col. Hogemau
Instane eed the StrOther Case,
where a ,aptrsedeas was issued by the
Supreme Court of the United S'stes. After
Strother's conviction had been affirmed by
the State Court of Appeals Suppose, he
said, the State Courts had disregarded that
msndate and proceeded to hang Strothers,
does any one expect1hst the Federal Court
would not have found means to enforce its
order?
As for his own case OF contempt still
pending before the West Virginia Supreme
Court of Appeals 1t does not appear to
bother Hogemau much. The rule is more
than a year old, having been issued in Feb
ruary, 1883, and although answer to 1t
has teen offered and efforts have been
made to have it disposed of, the Court has
gotten it cut OF the way for the present
with the remar that should it be of opin.
ion that said defendants are guilty of con.
tempt the measure Of their punishment
must depend largely upon their persist
ence in ob>tructing White, and with this
implied threat have deferred action on
the rule unit the whole case is finally de-
termine6.
Should it ultimately conclude to punish
Hogeman for contempt of Its process, the
latter, who believes himself unquestiona-
bly,
Sustained by the Rights OF His Clients
on the premises, would avail himself OF his
attitude in respect to endeayoring to have
a Federal statute carried out, to have his
sentence reviewed by the United States Su-
preme Court, and another clash OF arms
would result in which the State would
probably sgsip be doored.
As these conflicts have q tendency to
create irritation and break up the harmo.
nious relations which ought to exist be-
tween Federal and State authorities, there
ought TO be more care shown in avoiding
them.