Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-07-08

of regard for good order. nor indicate IN
any degree appreciation OF those great pria,
ciples that lie at the foundation OF good
Government. He seems 10 regard the high
est court of the State as proper subject OF
libel provided he can by such hbilouS pub
Ecation cain political advantage He at
tempts to Justify himself BY publication
in another paper, which he says was as libil-
ops ss this, and the truth of which ne says
the court did rot deny. Did not denyH
The court -
DOES NOT psNT
any charge made in the papers with regard
10 II. 1t can only deny libilous charge IN
one way. and that it has done in this case IN
the only manner it can deny such charge.
But the article in the other paper, does not
compare with his ibilous publication. Inc
court, whose duty it is alone TO quart me
public interests in such matters mignis
have : cen justified in forbearing to
issue tie rule in the one case, "hen
i would not be in the other. There Is
notbipc in Harris answer to palate his OF
tense and the court would be JUSTIFIED IN
Lotb fnins and imprisoning him. The
contempt IS of the most aggravated CHAR
acter The books fail to show one that is
onv more so. But majority of the court
think the ends of public justice will be at
ta;red in this case by the imposition Of
6ne So far as know, for more than
century in Virginia
BUT ONE CASE
Of constructive contempt is found in the re-
ports, and none in this State until now. 1t
IS sincerely Hoped that another centennial
will arrive before the necessity again points
itself to punish such contempt. As this is
the first case of this character in this State,
we dislike 10 be severe We would gladly
DISCHARGE the rule if we could. 1t never
would have issued had we dared consult
our feelings in the matter. 1t is the unani-
nous opinion of this court that an attach
ment issue against John Frew and c. B.
Hart, returDable forthwith.
Thu attachment issued, and the defend
ants at once appeared, and Johnson, Presi-
dent of the court, pronounced the following
Sentence.
You. John Frew and c. B. Hart are
before this court under an attachment for
contempt in consequence of an article re,
Iatinr 10 a cause in this court and published
in a newspaper of which you and \. w.
CsmpLell are the publishers and proprietors,
and YOU. C. B. Hart, are the editor-in-chiet.
In the opinion delivered by this court
when passing upon the return to the rule 70
show cause wis an attachment ShoIlu not
he issued against YOU, we have said all that
we desire to say Ia regard TO tie character
of the publication and the injury walch
such publications tend 10 cause to the
administration of Justice. 1t was here
held that YOUR answer showed no reason
why an attachment should not issue
II now only remains to impose on you a
renaltv for the otfeusc 1t is in the power
of Ibis court TO punish in this summary
wav such constructive contempt as that OF
which YOU were found guilty, both BY fine
and Imprisonment We nave no desire to
nGict severe penalty. Oar object will be
ACCOMPLISHED if Nc show to you that the law
will not tolerate Publications, the direc,
tendency of which is to degrade, influence
and obstruct courts in the administration
of justice.
w. are not unwjndful of the fac! that
you, fToLp Frsv, did not know that such
editorial article was to be published until
after its publication, and will therefore in
Aict upon you a nominal fine. But with
c. B. Hart, the case is different, because in
your answer, while admitting that You were
the chief editor OF the paper and inScnDe
said editorial therein, YOU attempt to Justify
Yourself in a manner which Aggregates your
ofense, and we shall impose upon you rs
moderate fine as the circumstances will al
low, as We cannot believe that you will in
the future commit similar otcnSe.
You, John Frew, are adjudgcd to pay a
fine of S2j, and you, c. b. Hart, are ad-
Judged to pay fine of 5000 into the treas,
ury of this State You are also adjudged
10 pay the cost Of this proceeding.
The fines will lie paid to the clerk OF this
court. Who isdroctcd immcdiateIyto pay the
sane into the treasury Of this State, and
procure receipt from the proper officer
therefor. hich h. shall hic with the papers
n this case. 1he Sheriff shall hold the re-
.roudrntS IN lis custody uut,l the INES and
los.s are Paid 10 the clerk.