The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1884-08-30


profession.
The ssTnteIIigcnccr" Contempt
Case
The facts in this celebrated case,
briefly stated are as follows:
In the case Of the Chesapeake d
Ohio Railway Co VS.. the Auditor DC,
10 w, Va. 408, the Supreme court of
this State decided that "tne clear
meaning Of section | article VIII, Of
the Constitution Of 1868. is that all
property, both real and personal,
shall be taxed, except such as the
Legislature may exempt under the
exception contained in said section.
At that time the statute of this
State providing for assessment of
taxes contained provision exempt
ing from taxation all agricultural
and mining products, and ?ll live
stock and manufactured articles
raised and produced within the State
during the year preceding the first
day of January, and remaining I'M
sold in the hands of the producer.
The Governor was of the opinion
that the statute was rendered inoper
alive and void by the decision above
referred to and so instructed the An
ditor The Auditor instructed the
Assessors to list said property for
taxation. Some Of the Assessors com
piled with this instruction and others
refused
In order to have assessment uniform
throughout the State, and to enforce
ditor applied to the Supreme Court
for n manddmns against Il. f. Buc-
hanan, Assessor of Brooke county, to
compel his obedience, he having re-
fused to obey the instructions of the
Auditor.
During the tendency of this case,
while the Court had it under advise
ment, and before the decision was
announced the inteHigence1', a daily
newspaper published in Wheeling
when the Court was in session pub
lished the following editorial article:
"The State campaign seems to he
shaping itself 1t leaks out that the
Supreme Court of Appeals is to be
brought to the rescue in Il decision
affirming the nstitutionalty of
the exemption act and declaring the
supplemental assessment order to he
lawful and right This is, in effect,
what was promised by the three SUI
preme Court Judges to the Democratic
caucus before the order was issued.
1t might be thought strange that
anybody could know what the aeci
sion Of the Supreme Court is to be
on any question. But it seemed equal
ly strange that three out of four
Judges of the Supreme Court told the
Democratic caucus more than year
ago, to go ahead and rely on the
backing of the Court The present
understanding is, that the decision
is to be rendered before the meeting
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. +. Boyd Faulkner.
"Of course it was not intended that
the purpose of The Court should he
made public, and publicity may in
duce the Court to change its mind,
just to show that somebody has been
taking liberties with the text and
disappearing the Court We shall
see what we shall see.
On petition Of the Auditor by co,ln
sci reciting the LteHiqence,'s eai
torial article and setting forth that
it had every appearance OF an attempt
to effect the decision Of the Court in
the case then pending and to intim
|
date it into deciding against the
Auditor and in favor of Buchanan.
They awarded rule against the pre-
prietors and publishers of the Istel-
Hgencer to show cause why they
should not be punished for their con-
tempt in Publishing said article. c.
B. Hart, chief editor Of the IntelH-
geacer, answering admitted the pub
LEGATION of the editorial article but in
justification said that he had based
his editorial on an article published
in the Greenbrier independent prior
to Aug 81, 1888.
The Court held that the facts
stated in the latter editorial were so
essentially different from those stated
in the IntelIigeaoer article that they,
even ii true, conld offer no justifica
ton Or palliation Of the Infeiligeacer
article.
The Independent article only nm
! II IL r. atatn tbaf fhtaa ~ tho