Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-14
HOUSE OFDELEGATES.
SATURDAY. December IL. 1880.
CLERKS OF COURTS.


DC directed to inquire into tho expedency Of altering
the tenure ~ which the Clerks Of the Court. of Jus,
tee OF this Common wealth. hold their cce and also
into The exPedebcy Of amending the law by which their
fees are AT this tins regulated and that they have
leave to report by bill or otherwise.
Mr. Eppes said that he had not, certainly any objec.
lion TO the proportion oil the gentleman from Mscken.
burg; but he had anticipated that come member would
nave offered more general motion, which would have
embraced the subject now before the House. He had
waited ior motion relative to the whole Judiciary
System, oil which the object Of this resolution would
form part. The whole subjec would claim the de.
liberation Of the Houe, and he wished /, to be acted
upon asa whole Ii the different points embraced in
me general SYSTEM were referred TO different commit
tees. or acted upon by detail, diverses Of opinions
would arise In the proceedings upon them. which would
lead 10 coafnsion, and present greater difficulties than
would occur II the whole matter had one general re-.
terence. II the gentlemen would move an inquiry in.
;he judiciary system, and report upon what alts-
!auons were required therein, he (Mr. E.) would
ne artily go with him. But IL seemed TO him that If
the SUBJECT as Tar as related to the Clerks of Courts
were referred separately and with each branch
OIL 'ne general question, the progress of the inquiry
would he retarded, and the attention OF the House d.
hacted from full view Of the whole subject. He (Mr
had intended in the course Of the day, il no other
geni snan had anticipated him, to introduce resoiu.
oon Tor an inquiry into the judiciary SYSTEM aud the
alterations which the new Constitution had rendered
ueman, whether 1t were not best to lay his resolution
on the table, and allow the whole subject 10 be
into consideration togetherl
Mr. Jackson said he state that he had, but a
short time since, conversed with the Chairman of the
Committee It Courts Of Justice-whom he did not now
see in his he had been informed tn
m,ttee was very much occupied at present. Bsides,
Il was desirable that the subject might lie for short
time, unit, the contested elections should have been
decded, in order that the members involved In those
questions should be in the House. act for and
sent their constituents the Judiciary question.
Mr.. Eppes remarked that, as far as he was under
obligation to the gentleman from Wood, for his sugges
lion, he acknowledged IL 10 spirit Of courtesy But
he (Mr. E) did not agree that the Committee Of Courts
OF Justice was the proper committee for the consde.
ration of the subject OF the Judiciary System. H..
should therefore, propose that Special Committee be
charged with the consideration of that branch of the
Government.
Mr.. Gbolson could not discern the propriety of the
arguments oil the gentleman from Sussex, and agreed
with him no farther than in his motion to Law the reso.
luton on the table He certainly anticipated that at
proper tme bill would be introduced into the House.
embracing the whole subject of the judiciary System
including the tenure on which the Clerks Of Courts
held their Offices, and all other minor branches of N
general PLAN But as TO the fees OF those officers he
thought they should not be considered rart of the
subject The tenure and the rae OF compensation
w're utterly separate questions and IL bill embracing
both would be heterogeneous, 1, was a strong reason
why they should no, be blended with the general sub
Ject When that subject came up, he, Mr.. c.. should
object TO the appointment Of Special Committee We
have said Mr. G., all come here prepared act on this
sutJct Is the great matter of public interest at the
present moment; and all supposed ready to unite
their efforts for the establishme of a system for which
the prop'e are anxiously looking to Already, we
have, God knows committees enough.-He, himself
was member Of three four and the creation of a
greater number would only tend 10 confuse End
the business OF The House. The portions of the
resolution before the House, comprised distinct oues
tions-he tenure by which the cierkships were held
and he fees Of Office; and the resolution
he presumed distinct law relative TO the latter would
be reported. IL the gentleman from Sussex was pre
pared 10 otr his proposition relative TO the general
question, the House would doubles, enter ain it,
Mr.. Glode moved TO amend the resolution by srik
ing out all the first clause relating TO the tenure His
object in making this motion TO dsunte two sui
Jec's, which had really no legitimate come xion. The
tenure under which Offices were held was a oues.
ion quite distinct from from that Of the fees Of the
ohcers. The question Of the tenure was one of great
Importance which he thought ought 20 20 the com
mUee OF Courts of Jusce, and afterwards fo ne SET
ued ny me legal Knowledge and experience Of the
house-whereas the rates Of the fees constituted n
mere matter OF detail. He therefore moved 10 strike
out so much of the resolution as related to IN.
content mar the subject OF the fees should be ubm
to special committee.
Mr. mcfarland said 1, seemed TO him that II the sub
iect was referred At all, should be in the form Il,
~nieh u mao peep submitted The committee charged
to nqnife into one portion of The subject ought, he
thought, 10 consider the otherfor he tenure of n.
office would materially be somewhat dependant on the
amount OF the fees II the two branches of the r.so
luton referred to separate committees tbeir d.
cisioDs might be variant, and productive of dcuI,v
and confusion. He should therefore vote against tbe
amendment.
Mr. Goode said that there did not xjs, betvesn Tho
two branches Of the question that Intimate
which the gentleman from Petersburg attributed In
HEM Under the old constitution the tenure by which
a.
al provision, while tho lees Of office were ss,1sd h.,
temporary eDacments, and were thus ally
ed with the tenure. He (Mr. o. did rot therefore see
the proprety OF ibro%ing thom together TO be
dered by the committee a4 dependant upon Zach Other
IL would certainly be admitted, the question
clerk should hold his office for life for certain
OF years was not nee ssriy part Of the
whether he should receive twenty cents or hiry cents,
for Any particular service He though 1t Ing ce,Iv
be sees haiti would bs'perocious 10 involve The
principle OF the tenure IN unne cessary dicutss he
connecting u with the mere mechanical a,ioo
OF tbs ices. They were all Of the beneficial 81
iects resulting rom division OF labor and with VII, w.
to realise them, he had offered his amendment.
Mr. Knox said tina, he supposed the resoiuion pon,d
have b. en- referred sub sientio II. certainly md
anticipated the opposition had received from several
mcmb But he still thought II best 10 sIloSv 1, q,
pass in ifs preseDt shape. Both branches OF the sub
jet comprised 10 H. needed nvess alton end bo,b b.
thought, ought to 30 to the committee on Courts Of In.
tee. II must have b. evident TO sl who had sx,mjn
ed the subeet that the tenure by which the CI,rk. =,
Courts held their Offices under the old con tuon =.
uncons'fr ropsl-snd II must have been equally syj.
dsrt that so1e Of their fees wrrs exirsvaeant in n
extreme Both points Of the subject called for noulrv
aud for chang, and he believed The committee On
Courts Of Juaice wss rs 10 which they sbouId be
feffed ~ should there fore submit the resolution In
| is pres n; form.
The question being pm, The smendrnen, wss rsise,
ed and the resolution lhen sdop,sd.
Mr. MorSis, from the Committee Of P,iyisses .od
Elections. rspotied that the COMMITTEES have seso,dns
| TO ofdsI bad under confederation The memorial a