The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-09-19

which had existed for more than tifty
years, providing for trial by jury in like
eases and declared that: "This court then.
has the unrestricted power, uncontrolled
and unregulatcd by statute, to punish bv
line or Imprisonment, or both, direct and
constructive contempt" and fined that
editor and imprisoned him in the custody
ot&the Sheriff until the fine was paid. It
coSIns1ummate! an act OF despotism unpar-
allied in any Tree community.
A STRONG pRorEcrloSlsr.
Referring to the tariff, the vital issue in
this State, Judge Maxwell, in his letter OF
acceptance, says:
81 favor protective tariff that will pro-
tect everything grown, produced, or manu-
tactured within this State, as we'll as pro-
tect the labor that grows, produces or
manufactures it, and favor u restoration of
the tariff on WOOL" Z
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 neglected no opportunity to ad-
socate liberal laws conccrnin. the inter-
ests OF labor. This was noticeable in his
vigorous and strong attack upon bill that
was introduced into the Legislature when
he was member, intended to place labor
more thoroughly in the ,poweeo eof capital.
The bill was entitled "Bill declaring
certain combinations unlawful" The
effect of the bill was to render all strikes
OF laborers criminal of!ense. The bill
had passed the House unanimously and
came into the Senate, where Judge Max
well was member. 3 ~. 4. Pa 4.
lIEATrACSs TIE ISIou1TY.
He attacked it vigorously, showed up its
iniquitious features, and by his eloquent
and vehement attack obtained its unani-
nous 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 we're over
Shadowed by the tumultuous interests in
cidcnt to the war. But the Judge, alive to
the interest Of labor, took prompt meas
ures to suppress what he considered L ma
liclous attack upon labor and al act OF in
justice to workinsmen. He was success
ful. and this day and generation will honor
him for the act. H.
HIS PRESCRIPTION RECORD.
1t has been charged that in the days
succeeding the war, while the work OF re-
organization and reconstruction were 90
ing on, he hampered that work and mn
tcrlally retarded it. No such thing ever
took place. In 1864 Senator J. NJ. Phelps,
thcn,a Union Senator from Mason county
and since Il Democratic Secretary OF State
under Governor Jacob, introduced a reso-
luton into the Senate to "prevent rebels
in arms or those who have given material
aid or comfort to the enemy from holding
any Office or exercising the right OF suffrage
in this State" The resolution was refer
red to the Judiciary Committee, OF which
Judge Maxwell WAS chairman, was report
cd adversely by that committee, and, after
n sharp and acrimonious debate, was de-
feated. a bitter debate sprang tip be-
tween Mr.. Phelps and Judge Maxwell
which at one time threatened an open
rupture, but was finally quelled. 1t was
on this occasion that Mr.. Phelps gave
utterance to the following extreme senti-
ment:
A STRONG POSITION.
"For my part, I recognize but two rights
belongingt to rcbels-the right to be hanged
and the right to be damned."' The Sec
ond effort to, pass registration law, which
was successful, was made at subsequent
session OF the legislature when Mr.. Max
fwell was not member. His position on
these questions was q conservative one,
and ut that time OF great excitement re.
quired high degree OF courage to main.
tain. The -iarthest he would 20 on this
this question was to favor the submission
ola constitutional amendment to the peo-
pie, in answer to their petitions, believing
that the people had sovereign right upon
the question. 5..'5.
THEN AND NOW. ~
Tho Wheeling Register now calls Judge
Maxwell q proscriptionist. In 1869 that
same paper thanked the Supreme Court of
which Judge Maxwell was 4 member, "for
thwarting the villainous purposes. OF the
Registrars. In referring to the famous
"Greenbrier cases" and Judge Maxweli's
opinion in the cnsc OF the State VS.. Joe.
MePherson the Register OF September !,
1869, said: 30 : 'i'fs !!k y
The famous "Greenbrier cases" rs they
are termed, were on yesterday, decided by
the Supreme Court OF Appeals for this
State. We invite particular attention to
the opinion OF the Court elsewhere print.
ed, as delivered by Judge Maxwell. 't';
The question involved was plain one
1t was whether registrar could yacatc an
office by striking the name Of the office
holder from his list. As the Constitution
provides that none but tvoters can be elected
to Office in this State soMc Of the registrars
have assumed that an office holder who
was registered when elected, loses his
place il his name be struck oil. This
would place the officers OF the State at the
mercy ot,the registrars. In those Green.
bricr cases, one OF the plaintiffs was dis.
franchised because. he ran against Nat.
Harrison for Judge, and the other because
Doctor Caldwell, President OF the Regis.
trat;on Board. and, his fyiend wanted
their places. The court has very properly
decided that the law is not to be pervert.
cd any such villianaus purpose.
~ TIE COURT SHOULD BE rnASEEp.
i And how about those registrars. A
~ ank II , %