The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-12-20
oun JUDICIAL SYSTEM.

been counsel in the cause or who had
Abvl,rD the bringing Of suit, or whv eus
otherwise so situated as 10 reudcr il i'm
proper for him to preside at the trial. aud
the duty not less delicate, Of transferring
them to somo other judicial circuit to Dc
tried, inserted wise provision in our Con-
stitution. whereby Ike Judges may be
required or authorized to hold the Courts
of their respective Circuits alternately, and
sJudsa of one Circui, to hold Court IN
any other Circuit" sec Section 5, Of 9th
Article Of Constitution.
We hare said this is a wise provision.
and We vii! advance a step and say tina. it
is not less wise than just, for We cannot
justly demand the services Of Judges Of
adjoining Circuits to dispose Of litigation
accruiug against our own citizens, and il,
is offensive to reqa:s, them to do SO. es.
pecially when we do not offer compersa.
ton 10 the County to which the causes arc
s.n,, which has the expenses Of trial to
bear. Tho Judge, therefore. l,esiirtinc
between his duty and his inclination, SUI
fers suits to remain upon Ills docket for
years and years without trial, to the posi-
tive shame Of tie Legislature which has
not made provisions for the Judges "al-
ternatsly" to hold the Courts Of each other,
and has no other adequate remedy for the
crying evil referred to. Judge Irvine, not.
vilLstandiug tho dclieacy surrounding the
situation, has sent into adjoining Circuit,
not less than TryTY causes within the last
four years to be tried at other peoples ex-
pense. and how many causes remain to be
sent We do not know It is sufficient, how.
ever, 10 know that there are causes which
must be transferred, unless the authority
conferred b. our Constitution shall be
adopted. We presume that this County
is not an exception to the situation Of other
Couu'ies-that the evil is general, and
must find remedy. We cannot expect
the Judge, themselves to carry out system
Of rotation" for when they sit in cusl.
toned chairs, they are not, in the compo-
sition of our nature, expected. voluntarily
to surrender them for wooden stools.
Tho Legislature has the authority,
specially given BY the Constitution. to
require the several Judges to alternate
and the only obstacle to be surmountcd j.
in its exccution-not that tho scheme j,
difficult Of execution, but by reason Of the
nevor ccusiug objections Of the Judges
themselves TO enter upon new fields Of
duty. Let the Legislature require an al
terna'ing system, and the Judge, will have
nothing but the laws Of til. land to ud
minister; no friends to reward and no en-.
smies to punish They will be thrown
amongst strangers, and being free from
sympathy. can administer the law as They
find it written and expouuded
We deem the alternating system, au.
thorizcd b. our constitution. as cminonlly
wise and judicious, Independently Of any
special causes Of objection wl,ich',o often
present themselves Of having been counsel
of any Of the partios, or SO situated BY
relationship, as to render it improper fol
the Judges to preside a. tho trial max.
ing it necessary to send our litigation int,
other Circnits for trial.
The delays inciden: to !be election Of
Judges in fn!l practice, are mol only vcx.
atoms, but arc burthcnsoms beyond meas.
ur. and demand aremcly. VIVA. that
remedy shall be Is not difficult a! th c
hands Of Legislature which looks more
at the necessities Of the State, ll.sn to be
disobliging to judges in comfortable
quarters.
We have, a! this time. thirteen Cir.
cults, and We propose The following rene.
dy for the evils complained Of: LIE. ihe
Judge Of tue is, Circuit hold the Courts
Of the End Circuit; tho Judge Of the ond
Circuit that Of the 3D. and SO on Until the
Judge Of the 18th Circuit shall hold the
Courts os The irs. Circuit. l,y this pro-
cess we will hay. Judge Nat Harrison
substituted for Irvine for the FIRST term
tho Jujge Of Jefferson. Berkeley. &C., fo'
the second, md the Judge Of Mineral,
Hardy. &C., for the third. BY the time
these three terms would expire, III. bui.
ness encuuborcd BY the superabuntl,nc.
of practice. and other causes. woald be
disposed Of, and the Judges might, with
proprie.y, return 10 their appropriate
Circuits.
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