The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-02
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THE VNTELLTGENCER.
yynEnLINo. oCroaEa :, IsO7
AWEong Impreuston.

a wrong AmpFeAaAohs
The esteemed Register which not long
since was condemnlng injunctions issued
by Judges Jackson and Mason, contains
the following editorial paragraph;
It Is amusing to see the great legal
minds which run the lntelligencer and
the Parkersburg Journal instructinS
Judge Jackson In the matter of the in
functions he has granted, under the civil
service law and the Presidents orders,
restraining the Republican marshal and
the internal revenue collector from GUST
ing Democrats from office without filing
and sustaining charges against them.
There has been no criticism OF Judge
Jackson, so far as the Intelligencer is
concerned, and the Register cannot quote
a single sentence from this paper which
would furnish it with the amusement 1t
speaks Of The criticism has been di-
rected against the parties who applied for
the recent injunction. and not against the
Judge. who simply formally granted the
usual temporary restraining order and
set the case for hearing which has not
yet come off.
Had the Register gone to the pains the
Intelligencer did to ascertain the facts
In connection with the application for the
injunction against the collector of inter
nal revenue, 1t would not have INDUCED
in the above comment. 1t would have
found that the attorneys In the case got
hold of the wrong man and acted on the
presumption Of condition of affairs that
did not exist, fact, Of course, which the
court could not know and cannot know
in its judicial capacity until the hearing
occurs.
The facts IN the case show that there
has absolutely been no violation OF law,
because the allegations in the petition
had no basis, matter which was not
brought to the courts attention. For the
Registers benefit it may be well to state
the facts again, as published in yester-
days Intelllgencer First, the petition
asked that Mr.. White, the collector, be
restrained from removing William But
Ter from the position of gauger at the
Hannis disttllery, and to restrain a. l..
Hoult, who is under commission, from
being assigned to duty In Buffers place.
Here is where the petition was mlsrep-
respentation. Mr.. Butler is not a Gaugsr
at the Hannis distillery, but United
States store-keeper. and Mr. Hoult was
not assigned to take his place.
Mr.. Butler had Just finished his three
months turn as store-keeper under sys-
TEN of rotation by which each of three
store-keepers served for three months In
regular order. Under this rule, which
was put in effect under tho Democratic
collector, when Mr.. Butler finished his
turn, j. G. buchanan. ANOTHER DEM
ocRATIC sToRE-KEEPDR, and one
OF the three to the rotary agreement, was
unsigned by the commissioner OF internal
revenue to serve in Buffers place. Mr..
Hoult. the Republican named in the petit
ton as defendant, was not assigned to
the post
The whole matter is summed up in the
statement that the attorneys for Butler
asked that he be not removed from an
Office which he did not POSSESS, and that
man who had not been assigned to duty
at all be restrained from taking his
place. This was matter which the
court could not know rs It only had the
allegations in the petition on which to
base Its action.