Year: 1875

that is not considering the present posi-
tion Of this case. 1t stands thus: A
Judge of the Circuit Court of this State
granted an injunction TO the removal on
the grounds distinctly made by the bill
OF :hc unconstitutionality OF the law.
This injunction was duly served upon
YOU. The law fixes the jurisdiction
of the Circuit Court by making it
imperative upon the Judge to decide con-
,titutional questions when presented in
proper case. Presented now, the case
could be presented 10 other way so
proper as oy injunction. This injunction
YOU have chosen to disregard and retus-
ed to appear in my Court, and even deny
the jurisdiction of the Court. The Court
must be the Judge of its jurisdic-
tion, and cannot perceive the
slightest reason why YOU could not APP
pear in court either in person or by coun-
sell and let the court hear the grounds of
objection But by our laws there is II
provision that requires court when
appealed to, to suspend any order it may
make by which the party feels himself
agrleycd, for reasonable time to obtain
an appeal. And | was asked to fix
the time at least twenty
davs, and the record was to be copied and
be taken to Judge Of the Court of APP
peuls, thence, if granted, to the clerk in
Wheeling, and then to be returned to
Charleston. In obedience to this statute,
which YOU can easily rrcur to, | may be
ordered, giving until next Thursday, i'll
opposition to the solemn protests of the
parties, that the time was too short. But
| thought by proper efforts II could be-
accomplished, and | have determined to
intcrpOsc no obstacle TO carrying out the
act, except what II solemn sense of duty
requires ofme, that is TO assert the right OF
the Court u test the conStitutlonality OF
this ~ of any other law. | regret As
deeply as any man could the necessity
imposed upon me of cndcavoring to hold
the matter in Stdt, quo, until the short
period has arrived To comply with
this is no descending on your part,
while | cannot in the conscientious dis
charge of duty permit the order to be
violated. deeply regret this conflict,
and would gladly avoid it, but in the
conscientious discharge OF duty cannot.
Ifvou wait until the time has expired
there is no failure of duty on your part.
The law does not require YOU to remove
on any particular day, and you can post
ponc the act for few days, if You will;
il is optional with YOU but not with me.
\ sense of duty will compel me to re-
quire obedience TO the orders of my
court until prevented.


Yours truly, j. SMITH.


The following note from Governor
Jacob ended the correspondence:


EXECUTIVE DEPARTMENT.,


STATE OF WEST VIRGINIA,


May 20, 1879.


Hen Joscph Smith:


DEAR SIR Your second communica.
tion j. Just received


No further argument is necessary. !
accept your reply rs an expression of II
determination on you part still further
to obstruct the removal OF
the public property from Char
lesion to Wheeling. Again protesting
in the name Of the people Of the State
against this unwarrantable Interference
on YOUR part with the discharge OF the
constitutional duty of my office. shall
take no further steps at present to re.
move the public property. A. You have
thus assumed the custody of the books,
papers and records pertaining to my
Office in violation OF 1t plain constitution
al provision, shall at once proceed
to have an inventory of the
same taken. You and all other persons
directly or indirectly concerned in the
obstruction OF the law, will be held re-
>ponsblc for the safc-kceping of the
books, papers and records and other
public property now in the building used
us Il State House.


Very respectfully,


Your Obcdient Servant,


JoHN j. JACOB,


Governor.


During the time this correspondence
between Governor Jacob and Judge
Smith was going on, the Court House was
iammcd with excited men, including all
the members of the Charleston bar,
anxiou~lv waiting the result of the fight
between the executive and judicial de-
partmcnts of our State government.
Whenever Judge Smith would express
himself determined to hold out and stick
to the line OF policy he had adopted, APP
probation Of approval WAS warmly mani
Tested by those in the court room with
shouts of applause. When the last
note from Governor Jacob was
read in which he stated he
would take no further steps to remove
the archives of the State Government
from Charleston to Wheeling, an exult-
ant shout broke forth from the crowd,
and remarks not ut all mplimentary TO
the Governor were heard on every side
This, however, was promptly checked by
Judge Smith, who reprimandcd those
present for making any demonstration
whatever, and said the Chief Executive
of the State must be treated with the re-
-pect and dignity bis position demanded.
The Governors action declaring he would
not moleSt the public documents, made
Ferguson, QuarricT and the rest OF
the lawyers engaged in the case, smile,
and they looked greatly pleased over the
result, anu With AII' AiuiiH'N ~ N''Ai-
plctc backdown on the part of the Gov
ernor and triumph for Charleston.
There is no doubt but Governor Jacobs
course was the wiscst that he could have
pursued In case he had persisted in his
intention of removing the public prop
ertv, and attempted to use force in doing
50. there would have been a conflict
winch would have resulted in the she'd
ding of blood and loss of life. The peo-
pie were greatly excited, and the slight
est provocation would have been
the signal for an outbreak. Dur
ing Thursday night the subject was
discussed by everybody, and all
sorts of rumors, some Of which were very
absurd. were circulated and received with
some degree of credence.


ARRIVAL OF THE EMMA GRAHAM.


The next matter which engrossed the
attention and curiosity of the people was,
when the Emma Graham would aTivc,
and who would comprise the Wheeling
committee? Early Friday morning the
crowd commenced To collect in kanawha