Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1884-09-27
Jndpa Maxwell's letter of accer

ance is very able document and
has been generally admired. Refer
ring to the sins of omission of the
Democratic party in this State he
says: zone other thing, is the run.
ming of the Hospital for the Insane
at Weston, in the interest of party,
when it ought to be run solely for
the benefit of the unfortunate human
ity within it.
Another thing is the running of
the University in the interest of
party.
Another thing is the failure to
enact a sufficient law to protect
mines and miners.0
Judge Maxwell in this connection
also holds that when the same court,
at least two of whose judges were
commissioned by the same Execu-
tive in proceeding against a news
paper editor for daring to comment
on the action OF the court in sustain
ing the Executive, overrode and de-
clared null and void lis to them a
statute which had existed for more
than fifty years, providing for trial
by jury in like cases and declared
that: This court then, has the un.
restricted power, uncontrolled and
unregulated by statute, to punish by
fine or imprisonment, or both, dir.
ect and constructive contempt" and
fined that editor and imprisoned
him in the custody Of the Sheriff
until the fine was paid, it consumma.
ted an act Of despotism unparalleled
in any free community.
A STRONG PROTECTIONIsT.
Referring to the tariff, the vital
issue in this State, Judge Maxwell,
IN his letter of acceptance, says:
g favor protective tariff that
will protect everything grown, pro
duced, or manufactured within this
State, as well as protect the labor
that grows, produces or manufacture
es it, and favor a restoration of the
tariff on WOOL"
Judge MaXwell's career on the
bench and off it has always been in
favor of the interests of labor.
During his legislative career he ne.
elected no opportunity to advocate
liberal laws concerning the interests
of labor. This was noticeable in his
vigorous and strong attack upon a
bill that was introduced into the
Legislature when be was a member,
intended to place labor more
thoroughly in the power OF capital.
The bill was entitled a "Bill declar.
ing certain combinations unlawful
The effect Of the bill was to render
all strikes of laborers a criminal of
tense. The bill had passed the
House unanimously and came into
the Senate, where Judge Maxwell
was a member.
HE ATTACKS THE INIQUITY.
| He attacked it vigorously, showed
up its iniquitOus features, and by
his eloquent and vehement attack
obtained it's unanimous rejection by
the Senate. Let it be remembered
that this was at time when the
labor interests had weak hold in
the State, and when its interests
were overshadowed by the tumul-
tuous interests incident to the war
But the Judge, alive to the interest
of labor, took prompt measures to
suppress what he considered q mali
cious attack upon labor and an act
of injustice to workingmen. He
was successful, and this day and
generation will honor him for the
act.
HIS PRESCRIPTION RECORD.
| 1t has been charged that in the
days succeeding the war, while the
work of reorganization and recon.
struction were going on, he hamper
ed that work and materially retard
ed it. No such think ever took place
In 1864 Senator j. M. Phelps, then a
Union Senator from Mason county
and since Democratic Secretary oil
State under Governor Jacob, intro
duced resolution into the Senate
to "preyent rebels in arms or those
who have given material aid or com
fort to the enemy from holding any
Office or exercising the right of suf
frage in this State" The resolution
was referred to the Judiciary Com
mittee, of which Judge Maxwell was
chairman, was reported adversely by
that committee, and, after a sharp
and acrimonious debate, was defeat
ed. A bitter debate sprang up be-
tween Mr.. Phelps aud Judge Max
4well which at one time threatened
IAN open rupture, but was finally quel-
S3fd.