The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-11-01
TIE DISSENTING OPINION,

~ TIE DISSENTING OPINION.
The inquiry is made why the dissent
ing opin on OF tho minority Of the Supreme
Court. Judges n,h. Scott law cases does
not appearinconnection with the majority
'lecison. We can only conjecture from
the action OF the majority on iormer &C.
caslon, vixen The SAME law was under con-
slderation, that it is because the minority
had no knowledge OF what was going on in
!heir own court, though one OF the minor
ity is rhe Chief. Justice. the Iissentiny
opinion OF judges Johnson and MrIlvaine
III The casa Of King w. Cappeller, it was
stated that The point decided by the coust
Why lot u1ade at bar, nor vas il argued or
relied on, nor has it been considered by
the court. nor was the attention Of the
court called to it until vote was being
taken in the court. 1t will probably.
therefore, be found, ii all the facts are
known, that the recent decision was reach
ed IN a sort of party caucus, and tha, the
minority knew nothing Of its contents
until it was promulgated from the bench
ltthls be true, The minority will require
some time to drait dissenting opinion, y
OPINION OF THE MAJORITY
The opinion OF majority OF the court
was ready for publication when the decis-
ion in the case ives promulgated from the
bench, II Is more than hinted that the
minority Judges did not know that the de-
cislon was TO bE>reudered at all on Tues
day, and they had no knowledge that the
majority had prepared an opinion in the
case. II this is so, whcre and when did
the majority OF the court agree on dec;s-
ION, and where and who wrote the ma.
jority opinion These are important
questions in view OF the fact that it wus
mout.ed. all over the State anil on the
streets OF Columbus days before the decis-
ION was rendered that the court had de-
elued the law unconstitutional. The Times
Of lust Saturday had m elaborate editorial,
paving the way for decision of the kind
that the court rendered three slavs Inter.
Why was this? Ii the 9fmas knew moth
ing Of what waa coming, what was the nee
ess!tY OF this iorerunner? There was moth
ing visible to the naked eye to call it out,
and the 1nnes has not heretofore been in
" A'','e - StAotnle 40 caSfS W illtO llle
misty future With such snpreme exact
ness as On this occasion. 1t will also be re-
membered that Mr., Eg. johnson waltzed
out ol the presence OF the court after
making very weak effort, and proceeded
to bet and otter to "lJet two to one that the
law would be declared unconstitutional.
On Tuesday morning bets were freely offer
ed that the law woul,t bc declared un.
constitutional. One gentlemen says he
knew two weeks before. the decision was
rendered wha, it would be. Now ii these
things be true, we have the spectacle Of
persons outside the court room knowing
more than two Of the Judges slt,ing on the
bench. For the sake Of the good name OF
the State, and OF the bench aud bar, it is
hoped that these things are not true that
they are the wild imueinations OF some
maniac, but as faithful chron!eler OF
evonts and OF current report, It is due to
the readers CT this paper that the facts be
Glyen in connection with a'case in which
all tax.payers and the people OF the State
are so deeply interested. af-1