Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1847-12-16
N no neans nncommon.for canses q he al.

Of the parties, but no principle of law, is set
lied and il would be perfectly competent iol
the same court, other judges being present, 70
give TO a cause resting On precisely the same
principles, different result. Again, even
where four judges are present, an appeal may
be dismissed, and the cause forever settled By
an equal division OF the court. Now these e.
wills ought not to exist II Isl source Of greai
injustice and Of loud complaint; and as il Is
easily corrected, Will a@-lr your favor
able attention.
deem il Of the highest consequence TO the
pure and elevated administration Of justice.
that the Judges Of our circuit courts should
hold two Successive terms IN the same coun-
ty. II is sometimes tie case that the Judge
presiding ii county through long period Of
time, contracts bitter eunIaes among the peo-
pie aud The bar Of such county, making the
relation most painful aud unpleasant, and IN
fecting with dis.v,is. ard ssericion the exercise
of MS official dnfies. no mater how free from
all just animaasersDn and reproach. II is
manifest that under circumstances change
of the judge would be great public service
and would materially contribute to give that
satisfaction which should always attend the
administration Of justice. But the various
views in support oi this policy, which Were
presented III my last message, need not be re-
peated here. would add, however, that ma
ny Of the evils then depicted, know to exist,
and that in nay Judgment the great purposes
OF justice cali ivs the adoption oi the sugges-
tons then and now submitted.
Ii is my dpty to inform you that have moi
been notified of the arrangement of the judi
cial circuits Of this commonwealth, as requi-
red By the act Of March 20ih, 1917.
I lt,li III t,f,,
the condition of our county courts and the JUS
tees thereof This branch of our judiciary
in many respects highly valuable and iIDpor-
tant 10 the people, has suffered in its just APP
probation in consequence of injudeious legis-
la,ion, and the great numbers that are in COM
mission. Justices may be sherifis, commits
sioners Of the revenue, inspectors, SC. and we,
it is expected that the law will be rigidy en-
forced, by the county courts, against such Off
GERS. In violation Of the second article of the
constitution, the law unites in the justices inn
portant political and administrative powers,
and yet expects the court TO be above the in
fuence OF political feelings. The right oil
nomination, unregulated by law, exists in the
court. and il seems to be expected that the
claims offamily and Of party will be overlook
ed, and merit alone rule their official action
In fine, the law seems to have regarded those
who compose the county courts as superior 10
their species, and far above in their principles
oil conduct, the rest of their fellow men,
While freely admit their general worth and
Responsibility, and know they can well com.
pare with any portion OF the community, |
cannot admit that they are so far above the or
binary passions and influences which operate
upon human conduct as TO believe that it is
unnecessary 10 apply to them those restraints
which properly attach to all persons clothed
with important public trusts. The law there
fore, in giving Them high judicial powers.
should take from them all the offices of their
county which they now fill, as well as their
political power. This is the more important
when you come to look TO the formidable num-
Der Of justices in the state, consisting of about
four thousand. This large number cannot es.
cape the mischievous influence which, as the
law now stands, must in some measure bias
their judicial conduct. recommend, there
fore, that the number of justices in each coun-
ty be regulated by law; that each county be
divided into districts; that magistrate be as
signed to each district, and be required TO re
side therein, and that nominations shall be
AUade for each district as vacancies occur |
recommend that the justices be prohibited
from holding any additional Office within their
county and that they be deprived Of all polli-
cal powers, such as appointing commissioners
Of election. And propose that they shall re-
ceive an annual salary for their services Of one
hundred and fifty dollars payable out of the
county treasury; shall have the right to form
out the sheriffalty for the benefit of their coun-
ty and that such provisions should be made
as will secure prompt and faithful discharge
of duty. ] am satisfied that law may be
taI NIL nal.
most valuable and efficient branch of our iu
dietary and that this reform should be adop-
ted without delay.
1t is extensively believed that this reform
cannot be cons,tutionaly effected An exam
inaion of this subject will remove all difficult
ty. The justices hold their Office at the plea
sure Of the general assembly, and Of course
their present powers may be terminated when
ever II may be thought wise TO do so. As far
back as 1860 this power was exercised, and
the commissioners who then officiated as
justices Of the peace were deprived Of their
powers. and reduced to eight in each county
the Oldest being retained. II such policy
were adopted il could go into operation
promptly and without the least difficulty or
embarrassment, and would give us courtu up
right and efficient. and freed from many of
those influences which have extensively and
fatally operated 10 impair its just value. I
ask for these suggestions careful consideration
But whatever may be your pleasure as to the
thorough reformation of the powers OF the
county courts and the justices thereof, which
Ihave recommended, must respectfully urge
that the number OF justices now required by
law to constitute court may be reduced. |
have often seen the great Inconvenience Of a
cour. composed of four justices, which might
be wholly obylated il the law were to provide
that the county court should hereafter consist
of not less than three justices. The difficulty
of forming court which is now frequently
very great, would also be essentially ieduced.
Incapable OF seeing a single objection TO this
modification, whilst its advantages are obvious.
j trust it will receive your favorable conside-
ration.
1t is found upon examination that the reso.
lutions of the 18th of March, lS47, changing
the time of making and providing for printing
the annua! reports Of public officers and 9TH
ers cannot be executed, il being impossible Tor
such reports 10 accompany the governors
message, bound as required by said resolution
1t is practicable, however. within the frs,
week Of the session, to furnish the printed re.
ports as required; and suggest that the reso-
buttons be modified accordingly.
also recommend that the journal of the
Aouse of delegates be hereafter printed in oc.
tavo form.
A convention of medical gentlemen assem-