Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-06-25
Taken TO TASK.
The InteIligsncer In COntenpt Of the
Supreme Court,
And Must Show Cause, It Il Can, Whyit
Should Not be Attached---A Rule
to Issue This Morning.


On the 18th of June the Intelligencer, a
paper published in this city, printed an
editorial charging three of the Judges of
the Supreme Court with the grossest cor
ruption, in that they had, by implication,
agreed for political ends to make certain
decision relative to the constitutionality OF
the exemption clause" Of the acts of 1881;
and further charging by implication, that
such decision was TO be made to injure the
interests of Hon. E. Boyd Faulkner The
editorial wherever known, attracted general
comment and its closing sentence-"We
shall see what we shall see was construed
by some that the Intelligercer was waiting
to see what the Supreme Court would do
about it.
1T WILL SEE.
Yesterday morning session Of the Su-
preme Court was held and Mr. Henry NJ.
Russell, the attorney for the State ex rel.
Miller Auditor, presented communication
calling attention to the editorial article re-
ferred to and its bearing on the case in
which he was an attorney. The court at
once awarded a rule for the publishers and
editors of the Intelligencer and caused the
following order to be entered
West Virginia to-wit: At a Supreme
Court Of Appeals held in Wheeling, in Ohio
county. on the 9th day of June, 1884.
Henry NJ. Russell, ESQ.,, member of the
bar of this court, this day presented writ
ten communication addressed to the court
referring to the fact that on the 18th day OF
the present month of June the case of the
State Of West Virginia, eH rel Joseph s.
Miller, Auditor, VS.. T. II. Buchanan, as
SCISSOR of Brooke county, upon petition for
mandamus, was in this court pending and un-
determined that said case involved the con-
slitutionaity of the exemption act contained
in section AZ, of chapter u of the Acts Of
1881, and the propriety of what is well
known throughout the State as the
Supplemental assessment order" that
he was the counsel for the
relator in said case; and that on the said
18th day of June, the Wheeling Intelligen-
Ger, newspaper of general circulation,
published in the city of Wheeling, contained
an editorial article referring to the question
involved in said case, and by implication
to the case itself With this communication
is presented copy of said newspaper con-
tanning said article. The court is informed
that Frew, Campbell 4 Hart consisting Of
John Frew, A. ". Campbell and C.. B. Hart
are the proprietorS and publishers of said
newspaper and that said c. B. Hart is the
chief editor thereof The said editorial ar.
ticle is as follows
THE State campaign seems to be shaping
itself. 1t leaks out that the Supreme Court
of Appeals is to be brought to the rescue in
decision affirming the unconstitutionality
of the exemption act and declaring the
supplemental assessment order to be lawful
and right. This is, in effect, what was
promised by the three Supreme Court
Judges to the Democratic caucus before the
order was issued. /.
at might be thought strange that any
body could know what the decision of the
Supreme Court is to be on any question.
But it seemed equally strange that three
out of four judges of the Supreme Court
told the Democratic caucus more than q
year ago to go ahead and ely on the back
ing of the court
1.-THE present understanding is that the
decision is to be rendered before the meet
ing Of the Democratic State Convention in
order to simplify the situation. 1t is also
understood that this move is not intended
to advance the interests of Hon. L. BOYD
Faulkner e.
"0f course it was not intended that the
purpose of the court should be made public,
and publicity may induce the court to
change its mind just to show that some
body has been taking liberties with the text
and misrepresenting the court. We shall
see what we shall see.
1t is therefore considered and ordered by
the court that rule be and is hereby
awarded against the said John Frew, A.
W. Campbell and c. b. Hart, proprietors
and publishers of said Wheeling Intelli-
gencer, and said c. b. Hart, chief editor
thereof, commanding them and each of
them to appear before this court on Satur-
day morning, June 20, at 10 o'clock to
show cause, If any or either of them can
why they and each of them shall not be at
tached for their contempt of this court in
publishing the aforesaid article.
1t is further ordered that service of a
copy of this order on the said parties above
named shall be considered as service of the
said rule
WILL BE SERVED TODAY.
When the records of the court are read
this morning and signed, the order will be
served on the publishers of the Intelligen-
Ger by Capt. Sitgreaves, the crier of the
court.
The case was very generally talked of
about the city last night, especially in legal
circles. Most of the attorneys said they
had teen anticipating such action on the