The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-14
For the Dispatch
Jurisdiction of County Courts and
Salaries Of the Judges.

To the Legislature of Virginia:
The question of salaries to county Judges
and whether any one but professional
lawyer should he allowed to fill these offices.
have been much discussed in the public
prints, but as yet, it appears, without any
satisfactory result.
The writer proposes to make sugges-
tion-not IN argument-which may be
made the means Of cutting the Gordian
knot, as we'll as to give to the people in this
particular all that is required under the
present poverty-stricken condition of the
State. The whole solution of the question
lies in ,rhm juriSdiction shall be assigned
by legislative enactment to the county
courts.
II the county courts, under their new sys-
tenn are to retain their former jurisdiction
over civil cases in law and chancery, then
it may become highly important that men
should be elected who are "learned in the
law in an enlarged sense, for whose SER
vices the people will be made to pay from
eighty to one hundred thousand dollars
yearly. If on the other hand the jurislic-
F! tons Of these courts can bclimitcd, so as to
answer all the emergencies consistent with
the public veal for few years. until the
State shall advance i'll population and
wealth, very moderate sum can be made
| to answer in the way of compensation to
the county Judges.
Under the thirteenth section of the Con-
stitution it is provided that "the iurisdic-
ton of said courts shall he the same as that
of the existing county courts, except so far
as it is modified by this Constitution OF may
he changed hy law 1t being clear, then,
by this section. that the jurisdiction may be
| limited, the writer would suggest that the
circuit courts of the counties should be re-
quired to hold three regular terms year
and the county courts monthly courts, and
that the latter, in a proper or modified
sense, should be excluded from having orr
ginal civil and chanccry jurisdiction, and
should be limited in civil cases, as far as
Ios,ible. to mere supervisory or appellate
court over the judgments and decisions OF
the township justices, to he tried re moro by
appeal or otherwise, which should be final,
with some other exception, such as unlaw-
| ful detaincr, cases of attachment and dis
tress, sued out before Justice. over u GER
tain amount, with the right of appeal in
these cases to the circuit court.
rhc;i, with the civil jurisdiction of the
county courts thus properly defined. with
probate and criminal jurisdiction, AMI two
or more Grand jury terms, there will be Il
county court system established that will
not necessarily require these judges ID be
selected from lawyers for men of moral
worth and intelligence in all the counties
can be had, who will take pride in dis
oh hn ,l,,f,O ri a n
expense not exceeding the cost of the old
county courts, thereby saving to the State
annually forty to fifty tho'loanf dollars.
What hoe been ilerc said is only by way
Of suggestion but the subject is one
! iraught with interest, and could he enforced
by argument az to its practicability and eft
cheney to meet all til" requirements consist
ent with The public veal. and the present
condition of the State.
Under the Constitution the old judiciary
| system has been changed. and a new one
instituted, requiring heavy additional cx
pcn>e to put it into operation, besides MT
morous other salariel officers; still further
increasing the taxation Of the people. IT
becomes the wisdom Of the Legislature.
then, to look to it. by every means. So far
as it can be done consistent with the public
good hy Legislative enactment under the
Constitution, to tighten the burden Of ex-
rcnsc in carrying out its provisions. The
writer well knows the attachment 10 the
old county court system. but new system
has superseded it by the present tonst;ui-
ton. and the most should lie made out Of it,
adapted to the present impoverished condi-
ton of the State, especially when the cir-
cult courts by holding three terms year,
will have ample time to try and dispose OF
all the law and chancery suits OF the peo-
| pie of the various counties.
When The State shall incl ease in ropula-
ton an,l wealth it will then he time enough
to enlarge the powers of the county courts
by giving them full civil jurisdiction, and
appointing none but able lawyers as judges
of these courts. with salaries commensu-
rate with their valuable services. But the
necessity for having this full jurisdiction
does not 1,or et;>i, nor is the State in n
,fnnm'jM condition to pay these officers
large salaries without burdening the pco-
pie with increased taxation. W. }. Nj.
Henrico comfy, March, 10, 1870.