The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-07-17

4
attended Senator William E. Borah.
OF Idaho. scheduled TO deliver the ad-
dress OF the evening. being unable to
attend on account of illness, an ad-
| dress written by Judge J. c. McWhor-
| ter. on Courtesy and Its Abuses In
Judicial Administration" was read by
Hon. George W. Atkinson.
The address dealt with the manner
in which some few attorneys In West
Virginia lower the dignity OF the
court by their actions in the court
room and their attitude toward the
court and Witnesses. These men,"
said Judge McWhorter. who plant
their feet In the center OF the attor-
neys' table. make a cuspidor out of the
floor and attempt to intimidafe wit
nesses. are a disgrace to the associa-
ton and should be barred from MEM
bership"
At the conclusion OF the paper sew
eral attorneys spoke briefly. favoring
the attitude of Judge Mcwhorter in
his paper. and the address was re-
ceived and filed.
The report OF the executive council
on an amendment to the laws for the
removal OF judges BY other means
than impeachment and also upon tho
revision OF the constitution and by
laws OF the bar association was then
received and adjournment was taken
! until this morning.
Morning Session.
The meeting opened In the Market
auditorium yesterday morning with
about 80 leading attorneys from all
parts OF the state in attendance. The
feature of the morning session and of
the entire day was the address by
| Hon. W. @. Mathews OF Charleston.
president Of the association. In which
| he roundly criticised and condemned
as unconstitutional. martial law in
| West Virginia.
| After summing up the fearful con-
| ditions that existed in the Paint and
| Cabin creek districts and the condi-
tons that led up TO the establishment
Of martial law in that section. Presi-
dent Mathews cited many instances
Of injustice that have been committed
by the military courts
Opinions and decisions OF courts
throughout the country were cited at
length by the speaker. who upheld
the dissenting opinion or Irdge Ira
u. Robinson in declaring that Gov.
Hatfield had exceeded his authority
in approving Of the findings Of the
military commission. President Math-
ews did not openly question the right
Of the governor to declare martial
law. but did declare that the trials
held by the military command were
WIDELY unauthorized. contendlng that
tho duty Of the militia was only 10
arrest and hold offenders until such
time as they could be tried In the
4 civil courts Of the state.
Tho speaker declared:
by pardoning the men who were
sentenced by the military courts the
!. governor has prevented the question
Ing OF the right OF the military courts
10 try private citizens and sentence
them TO the penitentiary and here is
chance OF the precedent being set
starding In this state and there being
a recurrence OF the same conditions in
the future. II is TO be hoped that this
does not prove the case.
While IL is true the governor Is
commanderin-chief OF all state troops
and they must obey his orders except
when the troops are under command
OF the federal government. IL is also
| true that the constitution of West
l virginia applies 10 all parts OF the
state and citizens Of every section
should have the right TO trial accord
Ing TO the Interpretation OF the consti.
tuition. The citizens OF the district
proclaimed under martial law did not
enjoy these rights while tho civil
courts were prevented from acting.
\ The policemen and sheriff under
the constitution has tho right to ar
rest, but the constitution does not
give him the right 10 constitute him.
sell into court and try and convict
the citizen he arrests.
Cannot Be Reviewed.
by the subsequent pardon Of those
convicted by the military commission
ana denied relief by our supreme
! court their cases can not now be re-
viewed by the federal supreme court.
By like pardon granted 10 all those
! others found guilty by tho commission
and whose sentences were approved
they are. In like manner. effectively
prevented from resortlng 10 the in.
ferior federal courts by habeas cor.
pus. Peace being now happily re-
stored. and devoutly trust perman-
emily. the decisions Of the supreme
court. herein referred 10. must. "a I
submit. unfortunately stand as tho
established and settled law OF our
commonwealth. a. know OF no
T.
. agfs in the federal superior courts
divirse citizenship existing. hy which
% may now be called IA question 9th.
~ than before the bar Of enlightened
I public opinion. which has. however.
| upon historic occasions proven suf.
/ hcient e. reverse and hold for naught
the equally solemn judgments ~ a ri.
I hunal yet higher and more august
than tho supreme court OF any Ameri.
/ can commonwealth
| In closing the speaker stated that
/ he could never approve % such son.
/ tlment and that tho people should not
! approve ~ s.. especially IN This state
I where liberty ts ao weil Understood
and has been purchased a. such great
sacrihCes
/ General Discussion
When fhe address. which covered
q score Of typewritten pages vas final
I ly concluded % was freely discussed
| hy many ~ tho attorneys present and
| The majority ~ them seemed o., agree
With Tho speaker Following Tho dis
| cusfl0n tho report % the committee