The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-12-12
Fro N the Morgantown Constitutional
THE JUDICIARY SYSTEM.
Work for the ConstttuttonaI Co
ventiOn.

The subject OF the deficiency in our
present system OF courts is not exhaust.
ed. 1t will bear being said, that our
present system is shameful, disturbing
evil in our organic law.
1t was this fact more than any other
that disposed the people to favor a re-
vision of the Constitution. 1t was this
fact that Modified the opponents of a
Constitutional Convention, and induced
many rejecting men of the Republican
party to waive their opposition to it.
In WHAT DoEs IT CoNsIsr THE
two great evils Of the system are
delay and expense. They 60 hand
in hand, making litigation impos-
slble to some, and impracticable if
not disastrous to all. A Repub-
lican Government proposes to guaranty
equal rights and equal protection of
law to all its subjects, but our system
furnishes the anomaly, virtually, Of
non interference with either the rights
or wrongs OF its citizens True, il leg
islates, 1t makes the usual proffer Of
guarantees, and prescribes infinite pro-
lection to persons and property, but
just at this point-the important point
the virtue of the machinery is ex-
haustei. The next step is the delay
and expense In the next step the de
luded inquirer after the benefit of all
the trite euactments OF Legislatures, the
high sounding guarantees OF our Or
gsnic law, and the prolific proffers Of
protection which stand dense and dread
full all over our statute book, fluids after
following the tortuous ordeal of our
courts that the remedy is worse than
| the disease-that the promises Of our
Legislators are a fair enactment of the
rable which runs, viii you walk into
my parlor said the spider to the fly"
&c.
In other words, while the spirit and
object Of our laws may be very good
and very essential on their face, the
road to the redress which they promise
aud the possession of the benefits which
they confer, are so uncertain, so tull o
annoying and disastrous delay, and the
rates of travel so enormous, that none
but the hero of adventure would under
90 the risk or feel compensated for the
journey, even should he receive the full
boon Of the law.
1t is equivalent to the policy that cor
porations sometimes pursue when they
wish to AVOID making an absolute pro
hibition Of license for the liquor traffic
they make the price of the privilege
more than the accruing profts-they
tax it out Of existence
Why IS 1T So ?-Is there any good
valid reason why a citizen should be
subjected to enormous expense, and his
patience worried >out with continued
delay when he asks the aid OF our
courts? Is there any virtue in such a
necessity TO the State or the citizen =?
Why is IL 500 Is it the part Of good faith
that a government should tiatter It's
subjects with solemn declarations OF
specific rights and promise of redress
and when fultilment is asked, to put
price upon it beyond its value, asd
even then surround it with difficulties
and discouragements that render it al
most inaccessible.
If there is any virtue 10 law it is in
the speed and certainty with which 1t
dsposes of controversy in the short,
sharp and decisive" method with which
it deals with matters of dispute arising
between men. And this should be &C.
com panied with as little expense and as
little difficulty to the litigants as posi-
BILE. Indeed we are not sure but 1t Is
the duty of a government to enforce Its
laws between its subjects without any
expense to its applicant.
But under our present system men
90 to law for vengeance, not for the
value involved in the controversy. 1t
is only when spirit OF revenge and
hatred has arisen between men that we
find them at law. Our courts are too
costly for any other purpose. Such a
thing as an amicable reference OF q
matter Of dispute to the decision of our
courts i. an extravaganza unthought OF
in the present day. Once in our courts,
q case is not contested on its merits, but
on the question OF delay. Delay is the
sist, and the party that succeeds on this
point wins.
The delay is the erpense, and the
expense is the delay. Whatever meth,
cd ia taken to reform our courts Will
strike at these two evils, or it will not
reach the bottom. The delay puts the
system out Of harmony with the whole
spirit of the times-out OF harmony
with our business-outo OF harmony with
the necessities of every sphere OF labor
out of harmony with the dispositions
of men-out Of harmony with virtue
and iustice-aud out of harmony with
nature itself.
THE SECRET OF DELAY is found IN the
number of terms and peculiar charac-
ter of the courts under the existing
system, The present system OF hree
terms Der annum tor each county Is q
substitute for the old system OF ssrteeH
terms per annum. The difference Is SIM
ply the destruction Of all efficiency and
adequacy in our courts to meet the de-
mands of the people. There Is too
much machinery in our circuit courts
for the disposition of cases involving
bnt small amounts; it makes 1t too ex'
pepsive, and the interval between terms
running from three to FIVE months
makes them too slow for such business
There is too little confidence feit lana
well there may beg in the Justices court
70 draw this class OF business. The re,
sult ia q universal complaint and a
universal distrust Of our courts, that
renders business transactions precarlous
and dampens enterprise ofevery charac'
ter. ..--- u1, :,