The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-03
IMPORTANT DECISION
Handed Down by Supreme Court.
Mandamus Asked for By Public
Printer Refused = Other Opinions

Handed Down by Supreme Court
Mnndnmus Asked for BY Public
Printer Refused = Other Opinions
Rendered.
Special Dispatch to tho IntellIgencer.
CHARLESTON. W. Va, April e.
The supreme court yesterday handed
down an opinion refusing to grant the
writ of mandamus applied for in the
name of A. G. Miller. public printer, to
force the state board OF agriculture to
have its printing done BY the public
printer.
The court also refused the similar
maudamus applied for by John T. John
son. public statloner.
The mandamuses were applied for to
test the question whether the various
state Offices and Institutions could be
compelled to give their printing and
stationery patronage according to the
state contracts. Since 1897 several OF
these institutions, including the State
University. have been having their
printing done according to private con-
tract, basing their action on the provi-
slons Of the appropriation bill setting
holdCh lOl nciCll VI tuSlli ppGSlul lullI
for the purpose. The decision practic-
ally leaves 1t optional with the officers
and Institutions whether they will COM
ply with the public printing and sta
| tionery contract.
In his syllabus. Judge Brannon says:
"A mere private contract will not be
enforced by mandamus.
las the state cannot be sued, manda-
mus or other process will not lie against
state officers or boards to compel them
to execute an executory contract be-
tween an individual and the state.
Though the state Is not In name party
such suit is against 1t within the mean
Ing Of the provision of the constitution
prohibiting suit against the state"
Other Decisions. n
The following batch Of opinions were
handed down:
Justice VS.. Lawson. from Logan
county; affirmed: opinion by McWhor-
ter.
Nuzum VS.. McEldowney. from Wet
eel county; reversed and bill dismissed;
opinion by McWhorter.
Waters &; AShby vs.. Southern Rail-
way Company, from Kanawha county;
reversed and remanded: opinion by Nc
Whorter.
Shagges VS.. Mann and others, from
Summers county: affirmed; opinion by
McWhorter.
Norfolk 6 Western Railroad Com
pany VS.. Neighbert, from Logan coun-
ty; reversed and remanded;t opinion by
Brannon.
Mcdonald VS.. Cole & Company. from
Cabell county; affirmed; opinion by
Branrop. Is n
Given vs.. Railroad Company. from
Cabell county; reversed and remanded;
opinion by McWhorter.
Tatten VS.. Henry. from Mcdowell
county; affirmed; opinion by Brannon.
2. Z. Thorn IS. Spranse. from Writ
county; reversed in part and affirmed in
part: opinion by English. 80
Argabright VS.. Jones. from Mercer
county; reversed and remanded; opin-
ion by English.
Lively VS.. Southern Building and
Loan Association. from Summers coun-
ty; affirmed: opinion by English.
Hysell vs.. Sterling Coal and Manufac-
turing Company. from Mason county;
affirmed; opinion by Dent.
Adkins VS.. Spurlock. from Lincoln
county; reversed and dismissed; opinion
by Dent.
Clarenger VS.. Rohrbaugh. sheriff, ETC.,
from Barbour county: affirmed; opinion
by Dent.
Samuel Moody. trustee. VS.. Ira Wood.
ct al, from Barbour county: appeal and
supersedeas allowed: bond. $1,000
Hungarian VS.. City of Wheeling,
from Ohio county; writ Of error and su-
persedeas allowed; bond, $1,000.
Court adjourned until 10 o'clock next
Saturday morning.