Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1899-03-12

TO the Editor 81 the Sunday Registe

space occupied In the daily papers of
our city relative to barratry warrants,
or arrests. The Intelligencer published
to the world that Mr.. Colt S companions
in misery are four citizens of more or
less prominence. / am one of those
"miserableS,' as the Intelligencer is
pleased to call it. Had the squire who
wrote those warrants complied with
section 2, of chapter 156, of the code, he
would never have written them. They
may be more properly named malicious
warrants of prosecution. Whence this
malignity? There seems to be two in
diyiduals, more conspicuous than emf
nent, peradventure, who refused war
rants north of the creek, and, loaded
with trouble, they went south for relief,
as is frequently the case.
What is barratry? has been a com
mon question with the people the last
week, and the dust has been blowed off
of Webster. Blackstone, who is the
great expounder of law, says: "Barra-
try is the practice of exciting and en-
couraging lawsuits and quarrels." Web
ster's definition is the same, verbatim.
Walkers calculation of this great crime
is, foul practice, an ~encourager OF law
suits" Mayo's guide, n who is good
authority, and called upon as authority
for the edificatiOn OF squlres says:
"Barratry, maintenance and champer-
ty." These offenSeS are similar OF char
rty. These OffenseS are similar of char
acter, and are indictable measures at
common law, but rarely occur In this
State (WeSt Virginia), and when they
do, prosecution for them originates by
Indictment or presentment, and not by
complaint to a. justice of the peace.
Barratry is the habitual moving, ex-
citing and maintaining suits and quar-
rels, either at law or otherwise. But
a man cannot be indicted as a com
mon b%arrator, in respect to any number
of false and ~groundless actions brought
in his own right, nor in respect TO a
single act in the right of another, for
this would not make him a common
b~arrator, nor can an attorney be in
dicted for the crime for maintaining
another in a g%roundless suit. The
author of this shows a high hand IN
our courts and is referred to often for
authority.
Chap 156 of the Code, ON arrests:
Section l. A judge OF a Circuit
Court, in vacation, as in term time, or
a justice, may issue process for the
apprehension of a person charged with
an offence.
Section 2. On complaint of any such
officer of a criminal offence, he shall
examine, on oath, the complainant and
any other witness, and if he see good
reason to believe that an offence has
been committed, shall issue his war
ant reciting the accusation, ETC.
yET,J1 49, ;,,1+;a4 onoI tho fn11nUino
and learn what authority he had to ar
rest me fer discharging my duty as a
justice?' Chap. 147, Sec. IS of the Code
y mo officer in the lawful eXer-
else or discharge of his official duty,
under any act of the Legislature, or any
order or proclamation of the Governor
of this State, shall be held personally
responsible therefor in any action, suit,
prosecution OF proceeding, civil or
criminal, by reaso of such act, order
or proclamation, being afterwards ad-
judged by any Court of the State to be
unconstitutional"
Did the Governor order my arrest, or
can the Squire cite to any act of the
Legislature that warrants him in my
arrest. A justice is the creature of the
Legislature. Barratry is not found in
the Code, nor any act of the Legisla-
ture. 1t has the name of a common
sense law, but squires sometimes do
make a mistake. For instance, if one
of our leading business men would
call on Brother Greer and give him a
number of bills to bring suit on, or
for collection, would it be lawful or
simply wise for me to write a barratry
warrant for him and send the distin-
guished city chief to arrest you as a
dutiful squire, and stigmatize you to
the public as a barrator to get myself
in the papers as a learned justice. 1t
is a step out of a squire's rank, and the
many readers of our city papers will
not forget those famous barratry cases.
When will the end be, next Tuesday?
1t may or it may not. l am anxious
to zeal the evidence to know what /
have done to create and brand me a
barrator. If | am proven such for do
ing my lawful duty, then may justice
be given for the violation of any law
found in the statutes of the State OF
West Virginia.
With all due respect to Squire C. S..
Greer, l remain his as ever,
JOHN G.. HABERFIELD, J. p.