CHARLESTON, W.Va. — A split decision from the state Supreme Court will allow the state’s only living Medal of Honor recipient to move the remains of another recipient to the state Veterans Cemetery in Kanawha County.
The 3-2 decision handed down Wednesday afternoon upholds a decision from a Mason County circuit judge concerning the remains of Chester Howard West.
MORE Read majority opinion here
In an opinion authored by Justice Beth Walker, the Court agreed World War II Medal of Honor recipient Hershel Woody Williams can move West’s remains from a family cemetery located in the state-owned Chief Cornstalk Wildlife Management Area near Point Pleasant to the Donel C. Kinnard Memorial State Veterans Cemetery in Institute.
West was married to Maggie VanSickle who had her husband buried in Mason County after he was murdered in 1935. The VanSickle family argued it was Maggie’s wish, who died in 1968, to have her husband remain buried in Mason County. The family said it was denied access to the cemetery and planned to care for the grounds. But the Court ruled it would be difficult to keep the gravesite in good condition.
“The VanSickle family cemetery is now overgrown and neglected in a remote section of a public wildlife management area owned by the State,” the opinion said. “To date, no one on Mr. West’s behalf has asserted any right to enter into the Cornstalk WMA to provide upkeep to the cemetery and particularly the gravesite of this Medal of Honor recipient.”
Walker’s opinion lauded Williams’ efforts after he learned of the grave from a Boy Scout who had cleared the area while going for his Eagle Badge.
“Mr. Williams has expended time and energy to arrange for persons qualified to undertake Mr. West’s disinterment with dignity and care, transport his remains with honor, reinter them with full military honors, and provide perpetual care for his gravesite,” the opinion said. “We understand that the VanSickle family has been denied the opportunity to enter Cornstalk WMA with the necessary equipment to keep the cemetery in the condition deserving of their loved ones. The fact remains that the cemetery where he is buried is in a location where perpetual care is highly unlikely.”
The majority of the Court ruled the lower court judge did not abuse his power when balancing all of the facts of the case.
MORE read Loughry dissenting opinion here
Chief Justice Allen Loughry and Justice Margaret Workman each wrote dissenting opinions.
Loughry said the majority of the Court has opened “Pandora’s Box” with its decision. Loughry said, although honorable, Williams has no legal standing in the case to have the remains moved.
“Not only is the majority’s decision both legally and equitably wrong, I am deeply concerned that a dangerous precedent has been set that threatens the sanctity of burial in this state,” Loughry wrote. “Will third-parties now have an imprimatur to seek the disinterment of any person with whom they have no relationship, either legal, familial, or otherwise, if their purpose is sufficiently laudable?”
Loughry concluded there are other ways to honor West without moving his grave.
“In short, the exhumation of Mr. West’s earthly remains is completely unnecessary to fulfill Mr. Williams’s admirable wish to honor Mr. West’s distinguished military service,” Loughry said.
In her dissent, Workman agreed that Williams has no legal standing in the case. She criticized the majority of the Court for failing to even mention the “standing” issue. Workman also urged Williams to change his mind.
MORE Read Workman dissenting opinion here
“Even though he prevailed in this case, I encourage Mr. Williams to reconsider his position, respect the wishes of the VanSickle family, and leave Sgt. West’s remains where they have been laid to rest. The most excellent way to honor our nation’s brave military heroes who sacrificed to preserve our freedoms is to follow the rule of law, without fear or favor. The majority has failed to do so,” Workman said.
West was just 20 years old on September 26, 1918, when he and other members of his decision approached a German line in France on the opening day of the Allies’ Meuse-Argonne Offensive.
The following information is on his Medal of Honor citation:
“While making his way through a thick fog, his advance was halted by direct and unusual machine gun fire from two guns. Without aid, he at once dashed through the fire and, attacking the nest, killed two of the gunners, one of whom was an officer. This prompt and decisive hand-to-hand encounter on his part enabled his company to advance farther without the loss of a man.”