Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-04-07

Special 10 the Register.
Charleston, w. Va, April 6.-The
Supreme Court has decided that the
reading of the King James version of
the Bible in the public schools cannot
be prohibited. In the case OF Kennedy
VS.. the Board of Education of Grant
district, in Marion county, on an appli>
cation for writ of mandamus to COM
pei the Iaard of Education to discon-
tInue the reading of the Bible in the
public schools, the court refused to
award the writ and dismissed the rule.
The court was evenly divided,
Judges English and Brannen being for
awarding the writ and Judges Dent
and McWhcrter being against it. The
former held that the Bible was not
an authorized text book, and therefore
could be read in the public schools,
while the latter held that there was no
law upon the subject and that the
Supreme Court could not, by any rul-
ing or decision, make a law. II
could neither compel the reading OF
the Bible nor prohibit it.
Another important decision rendered
by the court to-day was in the case OF
McMasters VS.. Dyer, from Lewis conn-
ty, in which the plaintiff sued for 81
600 damages against the defendant
for selling her son, minor, liquor, by
which he became a sot and finally in
sane. The lower court awarded the
damages and the judgment is affirmed
by this court The syllabus in the case
is as follows:
Under Sec 2 of Chap. 50 Of the
Code, married woman injured in per-
son, property or means of support by
reason of the unlawful sale Of intoxi-
eating liquors to a son, may maintain
a suit for damages, Notwithstanding
her husband, the father Of such son,
be living
2-The case of Mayer VS.. Frobe, 40
w. Va, 246, determined that the rule
as to exemplary damages propounded
in the case of Pegram VS.. Stortz, 81 W..
Va, 220. was not the law OF this State.
In the case of Delaplain VS.. Grub,
from Ohio county, the judgment OF
the lower court is affirmed. The suit
grew out of an attempt of Mary Hulda
Delaplaine and l.. S. Delaplaine to set
aside a deed made by their grand
father to their grandmother
in 1898, just before the death
of the elder Delaplaine, in
which he conveyed to his wife a
residence house and lot valued at S16.-
900 and gave her $4,000 in money. Be-
fore her death. Mrs. Dalaplaine be-
oueather the house and lot to her
daughter, Mrs. Jacob W. Grub. The
ground upon which the deed was at
tackled was that the elder Delaplalne
was an imbecile when he made the
deed having become such by old age.
The Judgment of the lower court was
for the defendant. holding that the
deed was valid, and this court affirmed
that decision.
Other important cases decided by the
Court were as follows:
Ladders VS. Ohio River Railroad Co,
from Mason county; the judgment of the
Circuit Court was affirmed by divided
Court, Judges Brannon and English for
reversing and Judges Dent and McWhor-
ter for affirming.
Greenbr:er Industrial Exposition VS..
Ocheltree, from Greenbrier county: opin-
ion bv McWhorter: Judgment of Circuit
Court affirmed.
State VS.. Grier. from Ohio county;
Court affirmed.
affirmed.
Junkins VS. The Hamilton Lumber Co.
from Tucker county: opinion by Dent,
cause reversed and remanded-
Deering * co. vs.. Corbly and others,
from Randolph county: opinion by Eng
lish. Judgment of Circuit Court reversed
and Judgment rendered for plaintiff.
Hoback vs. Miller, from CabeH county
oninion by Brannon: judgment of Circuit
Court affirmed.
L4ipscomb VS. Kennervey Company. from
Tucker county: petition for writ of error
refused
Boggess VS.. Taylor, from Mingo county
netition for writ of error refused.
Improvement Loan and Building Assoc
citation VS.. Auburn Wagon Company. from
Berkeley county; writ Of ceruorari
awarded
Adjourned Till next Saturday