The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-13
For The Dispatch.

There seems to he Ill Intention on the plrt
of some ncTlhcrs of the Legislature to make
Il change in the county ard circuit courts of
the state. There i, Il proposition to strip the
county court Of its jurisdiction, and to erect
in it, place Il court simply Of probate and
county police. in other words. to do away
with the present county court, and TO SubStl-
tlltc for it Il surrogate court under the name
of 1.-The county court"
We have heard and seen no evidence OF
the wish of the people for change, certainly
none for such change rs is proposed. 1t APP
pears to be Z mere volunteer movement,
never contemplated nor advised by the pco-
pie.
Let lis give it some consideration.
In the outset, it is more than questionable
whether such obliteiation Of the county
court would not be violation of the State
Constitution.
That Instrument, 10y its article g. section /,
provides that there snail be county courts.
The jurisdiction of which shall be regulated
by law, except so fur rs the same is conferred
by the Constitution.
In section = it says that their jurisdiction
sha! he the same us that Of the county courts
then cr1sting except so faras modified by the
Constitution or changed by law.
1t further prcscribes that the county courts
shall be presided over by Judges "lcarnsd in
the laws Of the State"
For purposes OF construction the whole of
these provisions of the Constitution must be
taken together, and will be found entirely
consistent.
The trainers of the Constitution intended
cCi.iiAudnce Of the courts then ersSting,
with such notifications Us they therein
named. They evidently contemplated a
county court such as had existed in Virginia
from time ilnmenoral-such rs by law and
lon" usage lad been determined, fixed, and
defined. In fact, the Constitution actually
conferred on the county court which it pro-
vided for all the powers Heretofore eXer-
cised by that well-known court, thus ascer-
tanning its character and jurisdiction beyond
question.
When it permitted changes by law it SIM
ply gave the Legislature the power ncedful
to make such modification in or rather such
extension in particulars rs might from time
to time become necessary for the efficiency
of the court rs thus established, and to adapt
il to the changing interests which should
come before it simply to give such ileXibility
to it as would make all the powers which
the Constitution conferred on it effective in
the highest degree.
The Convention never dreamed of its utter
abolition, nor OF such "changes by law" as
would cause it to cease to be what usage and
law, tlrouS houtthe history Of Virginia down
to the making OF the Constitution, had taught
Us was the county court"
They gave to the Legislature the power
only to regulate an existing tribunal. This
does not confer the power to destroy.
To strip the court of the jurisdiction con.
fcrrcd Oil it is to destroy or abolish it. TO
erect another with totally different jurisdic-
ton, and to call ii the "county court" is not
to preserve that county court, required, III
tended. and established by the organic law.
1t is not even Hamlet with the part OF
Hamlet left out"
What kind of court the Constitution in
tends is further manifest by the requirement
that its judges shall be " learned in the laws"
It demonstrates that there must be county
court Of jurisdiction, such rs to call for the
services of a lawyer and to demand the OK.
crcisc of high order of legal attainment
and ability. 1t shows that the judgemust be
far more than mere register of motions, OF
course, and that other and far more impor-
tant causes were to be submitted to him.
The abolition of the county court, or any
change tantamount - 1t, exceeds the righttul
I. 4