The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-05-18
Sapreme Court OF Appeals OF West
Virginia.
Editors of the Register.

S0pfeme court Of Appeats u went
Virginia.
Editors of the Register =
i observe that in all your classified
ton of candidates for seats upon the
bench OF the Court Of Appeals, you
designate them as belonging to one OF
the three Congressional Districts Of the
State, leading to the inference that the
selection should be made from those
localities. This is not in accordance
with the spirit and intention OF our
Constitution. Several efforts were
made during the late Conven-
ton to divide the State into
Appellate Districts, and by some
of the plans, to require the Judge, ALL
though elected by the people of the en-
tire State, to be selected from such dis
tricts; by other schemes, to limit the
election Of the Judge to the voters OF
that district. All their plans were re-
jected by the Judiciary Committee and
by the Convention, the object of the
Convention manifestly being in the Sc
lection OF persons for that high tribunal
to have the widest field of selection aud
to constitute that Court from the ablest
men in the State.
do rot doubt that the local residence
Of the Judge may be matter worthy
Of consideration, but it is but subordi-
nate view OF the subject. In some cases
it may be regarded rs convenience in
obtaining appeal, but even that aspect
OF the question is rendered unnecessary
by the provision incorporated int the
Constitution, by which any Circuit
Court Judge can grant an appeal to the
Court of Appeals.
All know the importance OF having
a Court like that of our Supreme Court
of Appeals composed Of the ablest law
yers OF the State. They are Judges in
the last resort upon the life,
Liberty and property of the citi-
zeus of this State They deter
mine the construction OF the tunda-
mental law, and their decisions become
in fact a part of the Constitution itself.
All these considerations are causing the
people o. this State to look with deep.
est anxiety to the action of the Conven-
ton which is to assemble on the Both Of
this month to select candidates for that
Court.
There is another view Of this subject
not unworthy of your notice. Suppose
it should be the. pleasure OF the Con-
vention to adopt the idea Of giving
to each OF the three Congressional
Districts OF the State a Judge Of that
Court, still there are four Judges to be
elected and thus there is one more than
the number OF the Congressional Dis
ricts in which you classify the candi-
dates. In view OF this provision OF the
Constitution, is it not incumbent upon
the Convention 70 make it's first selec-.
ton entirely from the State at large,
without reference to local residence, and
to look over the entire State for the
best learning and ability which it can
procure to fill that position, and then
having made such selection untram-
melled by all local considerations what
ever, to a certain extent to consult such
local feeling by selecting of the re-
manning three Judges one from each Of
the three Congressional Districts.
Itstrikes me that this would be the
wisest course tor the Convention to
pursue. and in adopting this plan Of
operations, it would consult the true
interests OF the State and give satisfac-
ton to the people.
1t is idle 10 suppose that the Conyen-
ton will discharge its duty to the pub
lie by selecting inferior men for that
high tribunal 1t has been the habit Of
the Democratic party to decry the Sc
lections which have been made by
their opponents for that Court, but al!
must admit that if the selections made
BY the Republican party have not been
the ablest men in the State, they new
ertheless were the ablest men of their
party in the State. Ii they did not
give us better Judges, it was simply
because they had not better men
in their party to select
from. We boast that We have superior
men in our party; let this be shown by
the selections to be made by the Con-
vention. Il am sure that you, like every
good citizen interested in the welfare Of
the State, will concur in the soundness
of the suggestions here made.