The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-04-23

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life, and the Oldest Justice became the
Sheriff By virtue OF his office.
And the landed aristocracy Of Virginia
was highly intelligent and educated
class o! men, With abundant leisure, q
taste for forensic discussion and contro'
versy, with long experience, they really
became accomplished Judges, and conSti
tutcd ~ able aud dignifed Court. .
But this state Of things has passed away
wehavc no gentlemen Of taste and leisure
and culture, who are willing TO devote
their time and attention to the public ser
vice without compensation, for the sake
of the prestige and position it would give
them.
The doctrine 0frotstOn in Office would
probably give lis new set Of Judges Of
the County Court every four years, SC
that we shall be deprived Of the advan.
tagC which four years Of service on the
bench would otherwise give.
The probate business of the Court, the
probate of wills, granting letters OF admin:
istration and settling estates, will naturally
full into the hands Of the clerk Of the
County Court, who will be embarrassed
by the necessity of having quorum oil
the Justices present to enable him to
transact the business. -C.-.. u
For fiscal and police purposes the
County Court is to be composed Of all the
Justices in the county. In this county, II
the present townships are to DO continued
as districts under the new Constitution,
we are to have twenty justices.
They are to meet at least twice in eve.
ry year, to levy taxes, make appropria.
tlons for roads, bridges, public buildings,
and the support Of the poor, and settle
with the SherifIs Tor the receipts and dis.
bursements of the revenue Of the county.
They are also to have the control oil the
public schools, to levy taxes for school
purposes, to build school houses and
keep them in repair, to employ teachers
aud settle with them, and perform all the
duties that are now performed by both
the Board OF Supervisors and the town.
ship Boards OF Education. "a.
Townships and school districts are no
longer to have control Of their own al.
fairs and the education Of their children.
1t is perfectly apparent that such a sys.
ten is absolutely impracticable; that the
public schools cannot be sustained and
carried on, under any such system.
1t is true, that they may be exempt
from the operation Of thesystem in the
city by having the schools placed under
control Of the city authorities.
But in the country districts the new
Constitution must utterly destroy tho pub
lie schools Of the States ''7' d"
The number Of justices OF which the
County Court is to be composed SO divide.
the responsibility for the control Of thu
fiscal and educational affairs of the coun-
ty, that it amounts TO nothing. 80
Practically, they are in the hands Of {
wholly irresponsible tribunal. D zatF5
But the force of these objections to thu
new Constitution is sought to, be avoided
by the provision, that any county tina
does not want County Court may have
some other tribunal substituted for it
But the seventh section OF the schedule
provides that when the vote Is taken or
the adoption of the Constitution on the
fourth Thursday in August next, therl
shall also be an election Tor all the officer!
provided for in the Constitution.
| We shall, therefore, be required on tha
day to elect three justices and a clerk O
the County Court.
We are, therefore, to organize undel
this provision whether it suits us or not
tits true that the Legislature is to NEE
on the third Tuesday in November, ant
If the age OF miracles were not past, Il
might be possible to adopt another sys
TEN for that county before the 1st day
Of January, when the County Court is tc
be organized. But to authorize specia
organization in lieu Of the County Court
there must be vote Of the people Of thu
county on the plan to be substituted iol
it. Who is authorized to prepare thu
substituted plan, and by what authority
is vote to be taken on it?
1t is manifest that the Constitution con
templates that the Legislature Is to pre-
scribe the organization which is to b.
substituted for the County Court, and pro
vide for It's submission to the people o
the county. is perfectly clear, there
fore, that this cannot be done before thu
FIRST Of January.
II therefore the new Constitution L
! adopted, the Board Of Supervisors mus
be abolished, and the Recorders offlcl
Closed on the first day Of january.
Their records must be transferred Il
- tho County Court; that Court must b.
: organized ind proceed to discharge Thu
duties imposed upon it by the Constitu
ton.
s II another tribunal shall hereafter b,
$ organized to take the place Of tho Count,
= Court, another reorganization must talC'
e place, another transfer OF records an,
: Jurisdiction must be had, and we woul,
!. be kept tor years in a revolutionar,
e transition state, which would be the sourc
t Of endless confusion and difficulty.
The provisions oil Sec, 81, Art. s, in re
t gard to substituting some other trlbunu
:. for the County Court, ore singularly Ii
definite. AS l understand it every count
4 in the State may adopt a plan to su
4 itself, and We may have as many diaeEer
s and distinct systems Of county organic!
= tons as there arc counties in the Stat
This cannot fall to make confusion wors