The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-09-16
Why They Ought to be Condemned,

1t Il source OF great qualification to the
1vrrLLlGEScER 10 receive from many Dem
o:rats the assurance that they will not
vote for the Democratic nominees for the
Supreme Court. A wcll-known farmer
writes that he has voted the democratic
ticket for thirty years without scratching,
but this time lie is going to vote against
Judge Woods and Judge Snyder, and he
isn't sure but he will take drive ut +.
Willis Wilson, whom he suspects OF being
in the same batch.
The ISrELLIGEScEH freely admits that in
its own opinion the denomination OF the
members OF the Supreme Court-a body
which has made itself infamous-was in
direct opposition to the will OF the Demo-
cratic party. This must be so unless the
Democratic party in West Virginia is
made up OF men who endorse defiance OF
the Constitution by executive officers,
taxation without legislation, and an at-
tempt by the Supreme Court Of West Vir-
ginia to silence free speech and muzzle
the press. Those Democrats who believe
that even courts are proper subjects OF
regulations by law-who look with grave
apprehension on the overthrow ofthe Con-
stitution and the laws by any power how
ever hiSh-must be in Il large majority in
their party; otherwise the Constitution
Z and the laws lack the support OF the peo-
pie, and in West Virginia free institutions
lack the only foundation upon which they
can rest securely.
1t ought to be remembered that directly
or indirectly the Supreme Court has had
its hand in The whole scheme OF desperate
and unlawful taxation. 1t was decision
OF the Supreme Court that the Governor
and Auditor seized upon rs pretext for
the rcassessment OF property which nj
ways had been exempt. TWAS the cx-
animation, revision and approval OF the
Governors letter and Auditors circular
by three judges OF the Supreme Court
that gave the Governor and Auditor rea-
sonablc assurance that their lawlcss
course would not be rcbuked ii the mat
ter ever reached the Supreme Court. It
was the Supreme Court that lodged the
real question in the case OF the Auditor vs..
the Assessor OF Brooke County and de-
clared that Assessors were bound to obey
the higher officers whether right or wrong.
1t was the Supreme Court that cravenly
refused to say whether the Governor and
Auditor were right or wrong, thus lodging
the question OF the consttutionality Of
the tax exemption law.
It was the Supreme Court that set the
Governor up rs IN Executive Court, with
power to pass upon the consttutionality
Of acts OF the Legislature. 1t was this
same Supreme Court that took to itself
such power us the Car OF Russia claims
but rarely cxerciscs-the power to over
throw law and in its place to set up the
yindictive caprice OF passionate men.
This was the tribunal which overthrow
statute fifty years old because it stood in
the way, and the exigencies Of the State
administration demanded that summary
injustice be visited on newspaper. It
was this body, Of which Judge Woods and
Judge Snyder are members, that permit
ted itself to be driven into this abject,
shameless service by the attorney Of the
Auditor. Eftl
1t was this court that was unanimously
Of the opinionthat free press stood in the
wayof thetax schemes oithc State admins
tration, and must be buckcd and gagged
by proceeding which James Buchanan
declared to be OF the essence OF dcspotism.
So far rs the odious tax measures arc
concerned, it may or not be true TINT Mr..
Wilson has gone back on the element
which nominated imand has promised to |
disregard the special assessment. He will
have no control over the work for. this
year, and nobody doubts that tho present
Supreme Court, after the election, will not
hcsitatcto declare that Governor Jackson
and Auditor Miller arc right and the cx-
emption law is wrong. The only way to
make sure Of the benefits OF exemption is
to elect Judge Maxwell, who is committed
to the exemption law, which he believes
constitutional and right, and to put in the
places Of Woods and Snyder two men who
at least arc not committed against the OK.
emptions and are not on record as abet.
ting the most iniquitous measures in the
most infamous way, I s
The case is SO clear that no man Of ordi-
nary intelligence can be deceived, and no