Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-09-05

The Court did not reas5embie until nearly
.hcce clock, counsel bein. slow in coming
IN. When at last the gentlemen appeared
Attorney General Caldwell, Cor the State,
laid
If the court please. 1t is with consider.
able Githdence that take up the argument
IF this question at this time after remark
made by the Court, the exact pUrport o.
~hich ! was unable TO gather.
The officers of the State OF West Nr'
ginia and the counties thereof ash nothing
more than the laws Of the country enutIe
hem TO at the hands OF Court. We ask for
no more and expect no less. We only ask
tor the right due sovereign State, and We
,hink, with all due respect TO the Court, that
when We come here and ask for that, 1t |.
not demanding o pound Of Il 81, and W. do
not think the remark should be made whel
we come here
REPRESENTING THE PEOPLE
Of the State. 1t matters nothing 70 the EN
ecutive Department Of the State govern
ment, as individuals, whether these taXe'
are paid or not But It is in The perform,
ance OF sworn duty tha; the Chief Exec
live comes here and defends The rights o.
he State unbiased by any interest that
should cause the sGrhtest reflection from
court or counsel.
The COurt-Do you understand the Court
as rejecting upon you;
Mr.. CALDWELL was unable, as | have
said TO entirely understand the remark.
The Court-lhis Court will 10, sit here
70 be criticized.
Mr.. CALDWELL am not cri,ic.Iing thc
Court.
Tie Court will hear The law and cyi.
dtrce in the case with pleasure, but nothing
more
Mr.. Caldwell-Thc counsel on the other
side travelled out Of the way to accuse me
Indirectly Of improper motives. | came
from portion Of West Virginia which has
LITTLE interest in this matter sta1d hert
in the discharge Of public duty. 10 no
core here as paid attorney. 1t would
probably have been better Tor me ii this lii.
gallon had never come up. This is my
i'm taken up in this matter without an IN
crease OF pay. If any man can appear here
| dis:uteIrs.cd and
CLEAE HANDEL
an hat man. 1t may be after insure
consideration, that YOUR Honor may disa
gree With me and think my opinion foolish
but can say it is made in rood faith and
tor the welfare Of the people Of the State
| The answer 20 the plaintiffs bill, | under
stand, has not been read 10 Your Honor,
and before 90 further desire to read it.
Mr. Caldwell then read The reply TO the
bill Of he plaintiffs. The document was OF
necessity very long, and replied point By
point to the ALLEGATIONS made By Judge Fer.
! Guson denyinr one and all ofthe facts therein
set forth. The reply claimed thai the
, ,uersreake arc vu,v !GaG was a co--r,.a
ton nnder the laws OF the State, as settled
by the supreme Court Of the nited states
| in TIE case Of the Chesapeake and Ohio
road vs. Joseph Miller. Auditor and that
! being true, it was bound By the general
statutes Of the State. The reply also set
/ forth that the total amount of taxes due was
] Sl93.+ $50 ., Of which SIS, 1926 was State
ard State school.
When ihs reading Of the reply had been
ccacluded NJ. Caldwell said that although
in the form Of q reply, the document was
virtually
An AFFIDAVIT.
The Court-Who do you appear for?
Mr.. Caldwell-For the Auditor and for
the >hcr'Hs.
The Court-Hsve you any authority tc
appear for the Sherifs?
Mr. Caldwell-No, sir; only upon author
ity CT the Governor.
The Corrt-Goyerror Wilson. have you
authority from the Sherittsl
Governor Wiisou-No. sir.
Mr. CaliwsIl-TGe Governor is hers q: