The Point Pleasant register. [volume] (Point Pleasant, W. Va.) 1909-1939, 1910-07-27
HIGH TRIBUTE
TO JUDGE GEO. POFFENBARCER BY
CENTRAL Law JOURNAL.

lished at st. Louis, No., an ac-
lnowledged authority in the law
throughout the entire United States,
IN recent issue paid Judge George
PofFenbarger. of the West Virginia
Supreme Court, one of the highest
compliments ever rendered a West
Virginia jurist by that consistent
and undemonstrative journal. Ex-
amples of the sustained logic of a
master, proceeding as easily and
naturally on the elevated plane he
has placed himself as Others of US do
in the ordinary walks of life,' is in
part the manner of which the law
Journal describes the opinion handed
down by Judge PoFenbarger in the
/ Coal &Coke two-cent fare case. The
reference to Judge PoEenbarger is
made in the leading editorial of the
Law Journal of the particular issue
referred to (date of May 27th, un-
der the head, Excessive Penalties
Affecting the Validity of Maximum
Rate Legislation. In this editorial
the celebrated cases of In Ex parte
Young, 2o9 q. S. l2S, IS L. R.
i(N. S. 9sa, concerning the Mime
sofa maximum rate statutes, and
wildox '. Consolidate Gas. Co., 5i2
IU. S. 10, in both of which the
question considered was the right of
public service company to obtain
injunction against enforcement Of
rates, opinions by Justice Peckham,
and the case OF Cotting '. Stock
Yard Co., 1SS L. S. 50, opinion by
Justice Brewer, are referred to Com
mentins on the opinion handed down
! in the latter case the Law Journal
says that Justice Brewer was here
speaking very cautiously" continu-
lag, the Journal has Il is to say, in
part, / Judge PoEenbarger:
Therefore We read with special
interest that portion # the opinion
of Judge Pogentarscr of West vir-
sinia Supreme Count of Appeals in
the case of Coal & Coax Ry Co. v.
conley ct al, % S. E. 6Is, in
which he contends that the question
Is still oren whether or not any
statute of the character We have been
considering becomes unconstitutional
merely because of its providing for
such penalties as have been describ-
ed.
But with greater interest still do
We follow the reasoning on this sub
ject in an opinion, which taken all
in all, is one of the ablest Judicial
expositions of principles on all sub
jects it treats, it has been our oppor-
tunity to read. We especially com
mend those parts of the opinion
which demonstrate, with faultless
logic, that a state is not such in the
sense of the Eleventh Amendment,
when its officers are prohibited by
the courts from enforcing and un-
constitutional statute and when equi-
! IS may enjoin the enforcement of a
: criminal statute. These are examples
of the sustained logic of master,
proceeding as easily and naturally on
the elevated plane he has placed
himself as Others of US do in the or
dinary walks of life.
5 Coming back, however, to that
part of this opinion first above
mentioned, we End the able judge
reasoning, that general words must
not embrace that which the legis-
ture knows is beyond its power to
accomplish. What it knows it can
not accomplish, it is to be presumed
it does not intend to attempt.
], The opinion says: If the courts
could set aside statutes on the as
sumption of their emanation from
Ignorance, stupidity or corruption on
the part of the legislature, the
validity of every statute could be
called in question, and there would
j be no certainty or stability in the