The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-28

10 puOllc p0llcy. by our constitution
the common law is tie law Of this state,
save SO far US repealed By express legIs.
lative enactment. Tho courts OF all civ.
ilizcd countries hold such contracts
revocablc at the option OF the victim,
and they hold that any contract into
which such contract enters void on its
face, and that the court will, of.its own
motion, hold 1t void. .sl'r sort
The obligationloi tho champcrtor is,
SO to speak. to give up the right of pro-
pcrty acquired IN this way; the solemn
obligation OF tho court Is 10 revoke such
q contract, for the means Of enforcing
that obligation Is tho court. Ii the
courtdcclurcs tho obligation Of such II
contract binding it. virtually destroys
the obligation-impa,rs tho contract OF
society itself to protect the indiyldual--
the victim oil the champGrt0r. Both
champcrty aud maintenance have been
held to bo law in Virginia and West
Virginia BY the courts from the begin
ming, by the courts OF England from the
unknown past; Dy.thu courts OF Greece
from Scion TO Caitulhs by the courts OF
old Rome from ltomulus 10 Caesar, from
Cesar to Allarick, by all the nations o.
Europe und by our constitution down
to February, 1892 when our court ofap-
peals declares there is@no such law III
this state. MINES 1E.s
THE RIGHT OF CItAMpERTY.
Is there no remedy? Champertyand
maintenance is us much our law us
dover or custody, or us the right Of
children to tho inheritance OF their
fathers estate. Tho right OF Inherit
ance is, in its broad sense, the obliga.
tion OF contract-a contract oil tho
father with his children, which hc may
violate, it is true, but which cannot be
impaired by Legislative enactment, much
less BY the ruling OF u court OF equity;
Tor the ruling OF Il court Of equity is sub
stantial legislation. Tho same may be
said OF dover, with this difference: The
right OF dover is consummated by the
marriage. Can the legislature take it
away after the marriage? No. Because
it is the obligation OF contract. Can
court Of equity or of law take it away?
No. For that would be to impair the
obligation by judicial enactment, SO TO
spoak. And tho same may be said OF
many other things that are in sub
stance contracts, obligations and rights,
fixed. determined and guaranteed to
the citizens by the chanccry courts, en-
ercising, substantially, legislative pow
efs.
The courts oil chanccry may override
their own decisions. Yes.. These courts
exercise supreme power. They take
that power not from legislation or from
the constitution. They have H. That's
all. 1t is a fearful power when impru-
IDENTIFY or iniudiciouslv used. 1t is
benign and all saving power when wisel;:
and honestly exercised. When the de-
csions OF the court have made the law
fixed and certain, the law vi the land
fixing its jurisdiction and its rules OF
pleading under which we hold, under
which we demand to recovery property,
assert rights, then to override the law
in given case is not only TO impai.
the obligation OF contracts or to virtual
" deny 4 remedy, but it is war on
civilization.
Examplc-Where one citizen 7erpe-
trates fraud on another there is, so 10
speak, an implied contract obligation oil
hispart to render up the fruits Of that
fraud, and on the part OF the court to
protect him, il he makes his complaint
in such 4 time and in such way rs is
fixed by the law OF that court. That
law fixes the time at not less than twen-
t., years in case OF fraud, or where
equity has exclusive Jurisdiction, or can
render more perfect relief by innumera-
BILE decisions, all the world over, az we'll
as in this state. All these decisions are
everywhere quoted and approved, and
arc now iorthe first time held Tor naugh:
by the supreme court OF this state, Holt.
judge, delivering tho opinion OF the
court, in the month Of February, 1892.
See Lewis Y. Brown aIo g .'.i1,'-''
In its broad constitutional sense, to
override these innumcrable decisions OF
thousands OF years. from Solcn to Mar
shall, from Marshal to 1892, is to impair
the obligation OF 4 contract, by so
changing the time of asserting the
right as to virtually deny an existing
right.