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Biennial report of the Department of Archives and History of the State of West Virginia (Volume 2) online

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Governor — John Jeremiah Jacob, of Hampshire County.

Secretary of State — Charles Hedrick, of Kanawha County.

Auditor of State — Edward A. Bennett, of Marion County.

Treasurer of State— John Sinsel Burdett, of Taylor County, to Jan. 30,
1876; then Sobieski Brady, of Ohio County, to the close of the Admin-
istration.

Attorney-General — Henry Mason Mathews, of Greenbrier County.

State Superintendent of Free Schools— Benjamin Wilson Byrne, of Clay
County.

THE SEVENTH ADMINISTRATION.

(From March 4, 1877, to March 3, 1881.)

Governor — Henry Mason Mathews, of Greenbrier County.
Secretary of State — Sobieski Brady, of Ohio County.
Auditor of State— Joseph S. Miller, of Cabell County.
Tresurer of State — Thomas J. West, of Harison County.
Attorney-General — Robert White, of Hampshire County.
State Superintendent of Free Schools — William K. Pendleton, of Brooke
County.

THE EIGHTH ADMINISTRATION.

(From March 4, 1881, to March 3, 1885.)

Governor — Jacob Beeson Jackson, of Wood County.
Secretary of State— Randolph Stalnaker, of Greenbrier County.
Auditor of State— Joseph S. Miller, of Cabell County.
Treasurer of State — Thomas O'Brien, of Ohio County.
Attorney-General — Cornelius C. Watts, of Kanawha County.
State Superintendent of Free Schools— Bernard Lee Butcher, of Randolph
County.

THE NINTH ADMINISTRATION.

(From March 4, 1885, to March 3, 1889.)

Governor — Emanuel Willis Wilson, of Kanawha County.
Secretary of State— Henry S. Walker, of Kanawha County.
Auditor of State— Patrick Fee Duffy, of Webster County.
Treasurer of State— William T. Thompson, of Cabell County.
Attorney-General — Alfred Caldwell, of Ohio County.

State Superintendent of Free Schools— Benjamin S. Morgan, of Monon-
galia County.

THE TENTH ADMINISTRATION.

(From March 4, 1889, to March 3, 1893.)

Governor — Emanuel Willis Wilson, of Kanawha County, to Feb. 5, 1890;
then Aretus Brooks Fleming, of Marion County, to the close of the
Administration.



1908] State Administrations of West Virginia. 287

Secretary of State — Henry S. Walker, of Kanawha County, to April 21,
1890; then William A. Ohley, of Marion County, to the close of the
Administration.

Auditor of State — Patrick Fee Duffy, of Webster County.

Treasurer of State — William T. Thompson, of Cabell County.

Attorney-General — Alfred Caldwell, of Ohio County.

State Superintendent of Free Shcools — Benjamin S. Morgan, of Monon-
galia County.

THE ELEVENTH ADMINISTRATION.

(From March 4, 1893, to March 3, 1897.)

Governor — William Alexander MacCorkle, of Kanawha County.
Secretary of State — William A. Ohley, of Marion County, to March 24,

1893; then William E. Chilton, of Kanawha County, to the close of

the Administration.
Auditor of State — Isaac V. Johnson, of Barbour County.
Treasurer of State — John M. Rowan, of Monroe County.
Attorney-General — Thomas S. Riley, of Ohio County.
State Superintendent of Free Schools — Virgil A. Lewis, of Mason County.

THE TWELFTH ADMINISTRATION.

(From March 4, 1897, to March 3, 1891.)
Governor — George Wesley Atkinson, of Ohio County.
Secretary of State — William M. O. Dawson, of Preston County.
Auditor of State — Latelle M. LaFollette, of Taylor County.
Treasurer of State — M. A. Kendall, of Wood County.
Attorney-General — Edgar P. Rucker, of McDowell County.
State Superintendent of Free Schools — James Russell Trotter, of Upshur
County.

THE THIRTEENTH ADMINISTRATION.

(From March 4, 1901, to March 3, 1905.)
Governor — Albert Blakeslee White, of Wood County.
Secretary of State — William M. O. Dawson, of Preston County.
Auditor of State — Arnold C. Scherr, of Mineral County.
Treasurer of State — Peter Silman, of Kanawha County.
Attorney-General — Romeo H. Freer, of Ritchie County.
State Superintendent of Free Schools — Thomas C. Miller, of Marion
.County.

THE FOURTEENTH ADMINISTRATION.

(From March 4, 1905, to March 3, 1909.)
Governor — William M. O. Dawson, of Preston County.
Secretary of State — Charles Wesley Swisher, of Marion County.
Auditor of State — Arnold C. Scherr, of Mineral County.
Treasurer of State — Newton Ogdin, of Pleasants County.
Attorney-General — Clark W. May, of Lincoln County, until his death,

April 25, 1908; vacancy until 9th of May, ensuing; then William G.

Conley, of Preston County, to the close of the' Administration.
State Superintendent of Free Schools — Thomas C. Miller, of Marion

County.



APPENDIX X.



THE JUDICIARY DEPARTMENT OP THE STATE GOVERN-
MENT—THE SUPREME COURT OF APPEALS-
ITS ORGANIZATION AND MEMBER-
SHIP—THE STATE LAW LIBRARY.



Section Seven of Article VI of the first Constitution of the State
provided that the Supreme Court of Appeals should consist of
three Judges to be elected by the voters of the State and hold their
offices for twelve years, except that of those first elected, one,
to be designated by lot, shall hold for four years, another for
eight years and the third for twelve years, so that one should be
elected every four years after the first election.*

As stated elsewhere (See Appendix VIII), the first elective State
officials were nominated by a Convention held at Parkersburg May
6th and 7th. 1863. When all of the executive officers had been
named, the President — Dr. Spicer Patrick of Kanawha county —
declared the nomination of Judges of the Supreme Court of Ap-
peals to be in order. Daniel Peck of Ohio county, placed in
nomination the name of Benjamin H. Smith of Kanawha; William
H. Douglas of Ritchie, named Samuel Kerchnal of that count}' .



*By the provisions of Section two of Article VIII, of the Constitution of 1872
— the present one — the Supreme Court of Appeals was made to consist of four
Judses. Bv the twelfth Section of the Schedule attached to this Constitution the
terms of ail Judces then on the bench were made to terminate December 31. 1872.
Four .Tudges were, accordingly, elected at the general election in 1872. to take
office January 1, 1873. These were Charles P. T. Moore, James Paull, Alpheus F.
Haymond and John S. Hoffman. By the Constitution it was provided that of these
Judges, two should serve for four years, a third for eight years, and a fourth for
twelve years. This was determined by lot, in the presence of the Governor. John
J. Jacob (See Act of December 20, 1872). at twel-ve o'clock, January 23, 1873. —
the tenth dav after the commencement of the first term of said Court. — when Judge
Moore drew 'the full term of twelve years. Judge Paull that of eight years: and
Judges ITaymond and Hoffman the short terms of four years. Immediately there-
after. Judge Haymond was chosen President of the Court.

By an Amendment to the Constitution. (See Joint Resolution No. 6, February
20. 1901. Acts of 1901 p. 462) adopted at the General Election in 1902, this Court
was made to consist of five Judges, the term of office of the Judges then on the
bench not being affected thereby. The Governor was required to appoint a Judge — ■
the fifth — one who should serve until January 1, 1905, when a Judge elected for
the full term of twelve years should succeed him.



190S] The Supreme Court of Appeals. 289

E. M. Fitzgerald of Mason, named James Henry Brown, of
Kanawha; William B. Zinn of Preston, presented the name of
William Guy Brown; Leroy Kramer of Monongalia, named Ralph
Lazier Berkshire of that county; Thomas Loyd Moore of Harrison,
named \ William A. Harrison, of that county; and Campbell Tarr
of Brooke, placed in nomination the name of Peter G. Van Winkle
of AVood. AVhile the ballot was in progress, the Mayor of Parkers-
burg informed the Convention that Van Winkle would not accept
if nominated. Colonel B. II. Smith withdrew his own name, and
the completion of the ballot resulted in the nomination of Ralph
L. Berkshire, William A. Harrison and James H. Brown. All
were elected without opposition at the general election,, May 23*1
ensuing.

Organization of the Court: — The Legislative and Executive
Departments of the New State Government were put into full
force and operation June 20, 1863 ; but nineteen days passed away
before the Judicial Department was organized. Then, on the after-
noon of Thursday, July 9, 1863, the Judges-elect, and other per-
sons interested, proceeded to the Ohio county Court-house in the
city of Wheeling, where William A. Harrison was made President
pro tern. It was ordered that the Judge receiving the short term
in the drawing by lot, about to take place, should be permanent
President. Sylvanus W. Hall prepared "three equal and similar
ballots upon one of which was written the words, "For Four
Years;" upon another the words, "For Eight Years;" and upon
a third, the words, "For Twelve Years." Judge Harrison drew
the long term of twelve years ; Judge Brown, that of eight years ;
and Judge Berkshire, the short term of four years. He was,
therefore, under the order previously made, declared the President
of the Court. Sylvanus W. Hall, of Marion county, was then elect-
ed Clerk and Samuel Irwin of Ohio county, was made Crier. Then
appeared Zachariah Jacob, Daniel Peck, Benjamin H. Smith, James
S. Wheat, Aquila B. Caldwell, Moses C. Goode, Edwin Maxwell, Ed-
ward C. Bunker, John L. Brown, Hannibal Forbes, Nathaniel Rich-
ardson and Ellery R. Hall, practicing attorneys, who were granted
leave to practice in this Court. Thus it was, that as the sun sank
behind the low hills beyond the Ohio that day, the Supreme Court
of Appeals — the Court of last resort — and the head of the Judicial
Department of our State Government — that of the newest State
east of the Mississippi river — was completely organized.



290 Archives and History. [W. Va.



Judges op the Supreme Court : — The following named persons
have occupied seats on the Bench of the Supreme Court of Appeals
of the State, viz : —

1. "William A. Harrison, of Harrison county. Born August 27, 1795:
drew the long term of twelve years, beginning July 9, 1863; served until
September 1, 1868, when he resigned. Died at Clarksburg, December 31,
1870.

2. Ralph Lazier Berkshire, of Monongalia county. Born April 8.
1816; served term of four years from July 9, 1863 to December 31, 1866;
and again from January 1, 1869 to December 31, 1872, when filling un-
expired term of Judge William A. Harrison. Was President of the Court
from 1863 to 1866, and again from 1871 to 1872. Died November 8, 1902.

3. James Henry Brown, of Kanawha county. Born December 23.
1818; served a term of eight years from July 9, 1863, to December 31.
1871. Was President of the Court from 1867 to 1870. Died October 28,
1900.

4. Edwin Maxwell, of Harrison county. Born July 16, 1825; elected
for a full term of twelve years, serving from January 1, 1867, to December
31, 1872, when term was ended by the provision of the new Constitution.
Died February 5, 1903.

5. Charles Page Thomas Moore, of Mason county. Born February 8,
1831; elected in 1870 for full term of twelve years; service ended Dec-
ember 31, 1872, by the operation of the new Constitution; was re-elected
for full term of twelve years and served from January 1, 1873, to Decem-
ber 31, 1880, when he resigned. Was President of the Court in 1880.
Died "— h , •

6. John S. Hoffman, of Harrison county. Born June 25, 1821. On
the reorganization of the Court, January 23, 1873, drew short term of four
years, and served from January 1, 1873, to December 31, 1876. Died
November 18, 1877.

7. James Paull. of Ohio county. Born July (1, 1818; elected for full
term of twelve years, and served from January J, 1873, to May 11, 1875,
when he died in office.

8. Alpheus F. Haymond, of Marion county. Born December 15, 1823;
served term of four years, from January 1, 1873, to December 31, 1876;
re-elected in 1876 for full term of twelve years, beginning January 1.
1877; served until January 1, 1883, when he resigned. Was President of
the Court from 1873 to 1876, and again from 1877 to 1879. Died December
15, 1893.

9. Matthew Edmiston. of Lewis county. Born in Pocahontas county,
September 9. 1814. Served in both branches of the General Assembly be-
fore the Civil War. Appointed a Judge of the Supreme Court of Appeals
as the successor of John H. Hoffman, who resigned June 13, 1876, and
served until January 1, 1877. Died at Weston June 29, 18S7.



J 908] The Supreme Court of Appeals. 291

10. Thomas C. Greene, of Jefferson county. Born November 5, 1820;
appointed in 1875 as the. successor of Judge Paull; elected in 1876 for
unexpired term; re-elected in 1880 for full term of twelve years; served
until his death, December 4, 1889.

11. Okey Johnson, of Wood county. Born March 24, 1834; served from
January 1, 1877, to December 31, 1888. Was President of the Court from
1881 to 18SS. Died June 16, 1903.

12. James French Patton, of Monroe county. Born September 19,
1843; appointed June 1, 1881, to fill vacancy caused by resignation of
Fudge C. P. T. Moore. Served until date of death March 30, 1882.

13. Adam C. Snyder, of Greenbrier county. Born March 26, 1834; ap-
pointed April 1882, to fill vacancy caused by death of Judge James F.
Patton who had been appointed successor to Judge Moore, of whose term
nearly three years yet remained; served until January 1, 1885; elected
for full term of twelve years in 1884, and served until November, 1890.
when he resigned. Was President of the Court 1889 and 1890. Died
July 24, 1896

14. Samuel Woods, of Barbour county. Born September 19, 1822; ap-
pointed January, 1883, to fill vacancy caused by resignation of Judge
Alpheus F. Haymond; served until December 31, 1888. Died February 17,
1897.

15. Henry Brannon, of Lewis county. Born November 26, 1837; elected
in 1888 for full term of twelve years, from January 1, 1889, to December 31,
1900; re-elected for another full term of twelve years, beginning January
1, 1901. Was President of the Court 1894 and 1898, and again in 1901 and
1905. Still in service.

16. John Warth English, of Mason county. Born January 31, 1831;
-elected in 1888 for full term of twelve years, from January 1, 1889, to

December 31, 1900. Was President of the Court 1893 and 1897.

17. Daniel Bedinger Lucas, of Jefferson county. Born March 16, 1836;
appointed in 1889 to fill the unexpired term of Judge Thomas C. Green;
served from January 1, 1890, to December 31, 1892'. Was President of the
Court in 1891 and 1892.

18. Homer A. Holt, of Greenbrier county. Born April 27, 1831; ap-
pointed in 1890 as the successor of Judge Adam C. Snyder, and .served from
November, 1890, to December 31; 1895. Was President of the Court in
1895 and 1896. Died January 7, 1898.

19. Marmaduke H. Dent, of Taylor county. Born April IS, 1849;
-elected in 1892 for full term of twelve years, from January 1, 1893, to

December 31, 1904. Was President of the Court in 1899 and 1902.

20. Henry Clay McWhorter, of Kanawha county. Born February 20,
1836; was elected for full term of twelve years, from January 1, 1897,
to December 31, 1908. Was President of the Court in 1900, 1903 and 1906.

21. George Poffenbarger, of Mason county. Born November 24, 1861;
■elected for full term of twelve years, from January 1, 1901, to December
31, 1912. Was President of the Court in 1904 and 1908. Still in service.



292 Archives and History. [W. Va-

22. Warren Miller, of Jackson county. Born April 2, 1848; appointed
January 17, 1903, under the provision of the Amendment to the Constitu-
tion, and served until December 31, 1904, when he was succeeded by
Judge Joseph M. Saunders.

23. Frank- Cox, of Monongalia county. Born June 18, 1862; elected
for full term of twelve years, beginning January 1, 1905; resigned, to take
effect January 28, 1907, and Judge William N. Miller was appointed his
successor on the same day. Was President of the Court in January, 1907.

24. Joseph M. Saunders, of Mercer county. Born August 26, 1866;
elected for full term of twelve years, beginning January 1, 1905; resigned,
to take affect October 1, 1907. Was President of the Court during early
part of 1907.

25. William N. Miller, of Wood county. Born October 18, 1855;
appointed January 28, 1907, to fill the vacancy caused by resignation of
Judge Frank Cox, and was qualified on January 29, 1907. Was Presi-
dent of the Court in the latter part of 1907. Elected in 1908 for unex-
pired term of eight years. Still in service.

26. Ira E. Robinson, of Taylor county. Born September 16, 1869;
appointed October 9, 1907, as the successor of Judge Joseph M. Sanders,
resigned, and qualified October 15, 1907. Elected in 1908 for unexpired
term of eight years. Still in service.

27. Luther Judson Williams, of Greenbrier county. Born October
18, 1856; elected in 1908 for full term of twelve years, beginning January
1, 1909.

The Reporter of the Court of Appeals: — The only person appointed
Reporter by the Supreme Court of Appeals was John Marshall Hagans of
Preston county. Born near Brandonville, August 13, 1838; appointed
Reporter July 16, 1864; continued in office until March 1873, when by the
provision of Section 1 of Article VII of the new CConstitution the At-
torney-General was made ex-offlcio the Reporter of the Court of Appeals.
Reported and superintended the printing of five Volumes of the Reports
of West Virginia, designated "Hagan's Reports." The Court made an order
February 6, 1866, directing him to publish the first volume of "West Vir-
ginia Reports" in the style of Grattan's Virginia Reports, and authorized
him to "include in said volume brief notes on the history of the
formation of the Court and of the causes which had led thereto." This
he did as an introduction under the title of "Sketch of the Erection and
Formation of the State of West Virginia." This invaluable chapter, as
he wrote it, is imperishably safe in the first volume of the Court of
Appeals' Reports. Judge Hagans died , ; ■

Clerks of the Court of Appeals : — The clerks of the Supreme
Court of Appeals have been as follows :

1. Sylvanus W. Hall, of Marion county; born in Monongalia county,
now Marion, June 21, 1838; served from July 9, 1863, to August 18, 1874,
when he resigned. Died at Fairmont, March 12, 1908.



1908] The Supreme Court of Appeals. 293

2. Odell S. Long, of Ohio county; born in Westmoreland county, Penn-
sylvania, October 16, 1836; served from August 18, 1874, to December 26,
1897, the date of his death.

3. James A. Holly, of Lincoln county; born in Cabell county, now
Lincoln, November 12, 1855; served from January 11, 1898, to November
17, 1902, when he resigned.

4. William B. Mathews, of Kanawha county; born in Marshall county,
August 27, 1866; has served from November 17, 1902, to present time.
Still in service.

SOME HISTORY OF THE STATE LAW LIBRARY."

The State Law Library, like every other institution, pertaining
to, or belonging to the State Government, has an interesting history.
At the time of the organization of the Court of Appeals — July 9.
1863 — there was of course, not even the nucleus of a Library. As
stated elsewhere, — page five of this Report — the old Law Library
of the Virginia Court of Appeals* located at Lewisburg, came in-
to the possession — what there was remaining of it — of the neAV
State of West Virginia. On the page cited above, it will be seen
that by the efforts of Sylvanius V\ T . Hall, clerk of the Court of
Appeals, and Henry Mason Mathews, this was shipped from Lew-
isburg to Wheeling. On the 10th of February, 1866, a resolution
was reported in the Senate providing for paying the first-named
gpntleman $150.00, and to the latter $100.00 for their time and
service while thus employed. It was adopted by that body but
the House never concurred to this. Some of the old books from
Lewisburg reached Wheeling. On February 7, 1866, — less than a
year after the close of the Civil War — the Judges of the Court of
Appeals by a Memorial, recpiested the Legislature to appropriate
$2,500.00 for the purchase of books for the Law Library. This
interested that body and for the first time in its history a "Commit-
tee on Library"— one that has been continued ever since — was
created. It was a Senate. Committee and was composed of Hon.
Emmett J. O'Brien, of Barbour county; Hon. D. II. K. Dix. of
Putnam county; and Hon. Edward D. Wright, of Cabell count;/.
Its report, made February 28, 1866, gives us the first view we have
of the State Law Library. This report was as follows:

"The Committee on the Library upon whom devolves the duty
of examining the State Library, beg leave to report: "That they
have performed that duty and find that the present Library of



*The State Law Library consists of law-books — texts and roports — exclusively.
The State's Historical and Miscellaneous Library is in the custody of the Depart-
ment of Archives and llistorv. It has no connection with the Law Library. — V.
A. L.



294 Archives and History. [W. Va..



the State consists of Reports and Journals received from the execu-
tives of other States since the organization of the State, with Re-
ports of State officers and Acts and Journals of the Legislature of
this State, and the United States Statutes for the same period.
Your Committee find that the number of Volumes is near five hun-
dred, not classified, the number not being sufficient to render a
classification practicable or necessary. The Volumes are properly
marked as the property of the State and are well taken care of in
tight cases." See Senate Journal, Session of 1866 p. 149.

By an Act of February 25, 1867, the Legislature defined the
Library. It declared that "all books, maps, or charts, now in the
Library in the State Capitol — Linsly Institute Building — or which
are required by law to be placed therein, or which may be donated
to or purchased, together with the Library, now in charge of
the Court of Appeals, shall constitute the State Law Library."*

The Legislature after receiving the report of the Senate Commit-
tee heard with favor the petition or memorial of the Court of
Appeals, and on March 1, 1866, appropriated $2,000.00 for the
purchase of books for the "State Law Library."

Now, that the appropriation had been made, the Court of Ap-
peals by an order made July 20, 1866, appointed Hon Edwin Max-
well, then Attorney-General; Judge George Hay Lee, of Clarks-
burg, a former Judge of the Virginia Court of Appeals, and Dan-
iel Lamb, of Ohio county, then engaged in compiling the first code-
of West Virginia — that of 1868 — a committee of three to expend
the appropriation for the purchase of such books as were needed
most in the Library.. This was done and a report of the action of
the committee made to the Court July 2, 1867. In 1868, the
Secretary of State was made the Custodian of the State Law Libra-
ry, with authority to appoint a Librarian whose salary was fixed
at $600.00 per annum, payable out of the Contingent Fund. An
excellent system of "Rules and Regulations." for the management
of the Library was now for the first time, formulated. An Act
of the Legislature passed March 28, 1873, provided that the
Board of Public Works should appoint a competent Librarian who>
should make a. catalogue of the books and papers in the State Law
Library, and should keep on file all the newspapers in the State
which might be furnished the Library, and one published in the
city of Washington. His term was four years, and his salary



*Here for the first time in its history, the Library is given its legal designa-
tion — that of State Law Library.



J 90S] The Supreme Cotjkt of Appeals. 295



$750.00 per annum. By this Act he was made ex officio Superin-
tendent of Weights and Measures. February 26, 1875, the State
Law Library was for the first time made an item of insurance
among the contents of the State House. In 1877,, Act of Febru-
ary 17th, it was made the duty of the Governor to appoint a State
Law Librarian. An Act passed three days later, — Act of Febru-
ary 20, 1877 — • made him ex officio Adjutant-General, and another
Act— that of February 20, 1877 — made him ex officio Quartermast-
er-General. His term was four years, bond in the penalty of $5,-
000.00, and salary $866.66, of which sum $200.00 was salary as
Adjutant-General. By an Act of March 6, 1879, a contingent
fund of $100.00 was appropriated for the Library, and $500.00 to
the Librarian as Adjutant-General. He had to discharge the du-
ties of this office as required by the laws of the United States. In
1883 — Act of February 22d — the Librarian was for the first time
required to furnish to the Legislature an itemized statement of the



Online LibraryWest Virginia. Dept. of Archives and HistoryBiennial report of the Department of Archives and History of the State of West Virginia (Volume 2) → online text (page 32 of 35)