Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-14
SUSTAINED.
A VERY IMPORTANT DECISION HANDED
DOWN
Ia The Supreme Court Of hs United States, Yssisray
Affecting Hundreds Of Wss, VirginianA
Al Outline Of The Mater
at Issue.

A decision was handed down in the Su-
preme Court of the United States, at
Washington City, yesterday, which is Of
the greatest interest to hundreds Of West
Virginians, and involves a sum Of money
which certainly runs up to million dol
lars, and probably greatly exceeds that
amount. The title of the cause was that
of Freeland V. Williams, and the appeal is
from the Supreme Court of West Virginia,
where the cause was taken after decision
in the Circuit Court of Preston county.
The case belongs to what is known as
the war trespsss cases, instituted by prop
erty owners in this State against men con-
nected with the Confederate army, and the
grievances alleged were acts done by the
defendants during the progress of the war,
principally in the way of destroying prop
erty, carrying off live stock for the use OF
the Confederate army, etc. This particu-
lar case, which has been made test, arose
from the taking Of lot of cattle for the
use of the Southern troops. A Judgment
was obtained in this case, as in hundreds
of others all through the central, eastern
and southern counties in the State. The
case wes carried to the Supreme Court,
which sustained the finding of the Court
below, and decided that the persons who
acted under the orders Of their superior
officers in taking the proper " coald not
rely upon belligerant rights as matter Of
defen J.
After the rendition Of that judgment
the present Constitution of this State went
into effect. This constitution contains
provision that judgments of this class
should not be enforced in the Courts of
this State.
In the cause under Consideration, after
the Constitution was adopted by the peo-
pie, an execution was issued on the judg-
ment. Collection of this Judgment was
epjoined, on the ground that the defend
ant was protected by the provision of the
new State Constitution.
TIE Supreme Court of the State sus-
tanned this, issuing decree perpetuating
the Injunction, and from the decision of
our Supreme Court thus given an appeal
was taken about four years ago to the Su-
preme Court of the United States. There
the cause was argued on the 10th Of April
last. Hon. @. ]. Faulkner ard Col Robert
White appeared for the defendant, and
L. O. Cole, Of Washington City, for the
other side.
1t was sought to reverse the decision of
the Supreme Court of this State on two
grounds. The rst WAS that it was claimed
that judgment could not be sued on in
an action &c cOntrdctu, and that, there
fore. the provisions OF Section 35, Article
8, of the Constitution of this State vio-
lated and were in conflict with that
clause of the Constitution of the United
States which provideI that no State shall
pass law impairipg the obligation of a
contract. In the 6 cond instance, it was
claimed that Judgment rendered became
vested prop 1rty in the plaintiff, and that
our State Constitution vioi-tsd that clause
of the fourteenth amendment ID the Con-
stitutiOn of the United States which plo-
vides that the States shall pass no law
taking prop psrty without due process Of
law.
The Supreme Court of the United
States decided, Justice Harlan dissenting,
that the State Constitution was effective,
and did not interfere with the provisions
of the Constitution of the United States.
This upholds the action of the West Vir-
ginia Court and will he hailed with satis-
faction by hundreds of people throughout
the State.