The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-13
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Incident? Hsit wiser a
Each county now has two conrts---the
COUNTY and the circuit courts-presided over
Inv Judges of equal professional standing,
having concurrent jurisdiction, except That
the countytcourt has exclusive original Jiiris-
djction in road and other county local mat -.
tiers. and in criminal Causes save when one
accused of a capital offence elects to he trled
in the circuit court. and except that the or
cult court has appellate jurisdiction. !.
Were it settled that we need but one OF
these courts the question would be, W men
one could be best dispensed with?
| Practically, the people have answered this
question beyond all possibility of doubt:
Then have uttered no uncertain sound, bur
| have shown which court they prcfer'as best
adapted to their wants: the most conVenlenf,
| efficient, and useful. For from the date when
| the last change in its bench went into erect
the county court has been the one OF largest
and of nearly universal resort for all plir-
poses while the business of the circuit courts
has dwindlcd to the closing up OF their Ola
dockets and the hearing of a few appeals.
With equal respect for the TWO COURTS
and their judges. the county court has met
the wants of the public and has commanded
its approval and favor everywhere. Now
| WHY destroy lIlc Guilty Couit III eSSoAi W
this verdict of the people! Why take from
them the court of their choice?
The wit of man never yet devised tribl,-
nal more safe and comprchensiye-more eX-
actly suited to the interests and needs OF
| Deople such as ollis--than the county court
rs now organized, with able judges on its
bench. 1t is fully adequate to every demand.
| 1t can take cogTizance Of the smallest, most
homely local matter, and it can grasp the
| largest and broadcast interests. 1t Is nearer
to the people than any other: it is their own
court par excellence.
As court of equity it affords more oppor-
tunities for speedy relief than the circuit
| court. As court of common law 1t Is lllily
as effective rs the proposed circuit court Gail
Dossibly be. As criminal judicaturc it is SUI
peror to the circuit court in insuring speedy
trials-early acquittal of the innocent,
prompt punishment of the guilty. In it the
accused are spared long delay and anguish
ING Imprisonment. To the State is saved a
heavy expense III the detention of prisoners.
If the court be continued, as it now IS, it
ensures the highest judicial ability for the de-
cision Of those questions Of probate and other
matters which it is proposed to conlldc to
the emasculated colTt-qucstions in which 1t
is absurd to suppose that there will be no
| contests, and which often involve interests
vital in Importance, amount, and feeling
which in the emasculated court would be
submitted not to 4 judge learned i'll the Inv,
hut to whatever jack-leg lawyer could DC III
| duecd to sit for the wages OF 81 per Gay, or
| 1925 Der year. What sort of learning would
such salary command? Would this suhstl-
tuted court be presided over by a judge
| learned, as percmWorily required by the
| Constitution? Could that court command
that legal knowledge, ability, and character
so essential to the judicial Office? Would it
DC Virginia "county court" any longcrI
This county court Is time-honored lrStl-
tuition Of Nirginia-not cIlctc, not Worn out !;
but more cherished and respected, more Wig
orous and useful now than ut any previous
period in its long history. 1t is one Of the
| distinctive features Of our dear old State.
Why sweep it away, now Of all times, when
we need our utmost care to preserve our
State identity-to withstand the tide of inno-
yation which threatens to wipe out every lt;l-
turc of our State character; everything which
is essentially Nirginian!
Spare us, at least, this old friend!
The county court has invaluable uses
apart from its good as Il tribunal. its terms
are the periods OF high change" Of the
|
uucntlv. promotes Interchange OF thoughts,
information, and experiences, realizing what
Solomon, i'll his wisdom (Which may, how
ever. seem loolshncss to our Solomons), says,
that "as iron sarpeneth iron, soa man Shar-
pcncth his friend
The county court by its monthly gather
ings is Il means of education not fully apprc-
ciutcd-Iningiing the people, enialGng their
range of knowledge by Information given
and received. stimulating their minds and
exciting their interest, expanding their
hearts, instructing them by the contests they
witness in the courthouse, saving them from
becoming mere drudges, with no ideas be-
yond their own farm lines.
1t is q court which has stood the test OF
time and attacks. 1t has been sustained, de-
tended. eulogiZcd, by John Marshall. JCtlcr-
son, Randolph, Leigh, and host vi the best
minds Of Virginia.
| In truth, is it Wise to tainpcr aud tinker
with SO importanta matter is this! Tram
melted is the Legislature is by the Constitli-
ton, why make any change nor, When such
change can only be imperfect, partial, tempo
rary, mere misunderstanding only tc
create confusion and to cause diStruSt and
disrcspect for Il system so shifting. We must,
| in a year or two ut farthest, have Il revision
of our Constitution; wait till then, when the
convention can deal with the matter, as the
Legislature cannot-with power over the
whole subiect-who may preserve the coun-
ty court and erect the circuit courts in less
ened number into district courts of appeal.
But if one of our courts must be legis-
lated ont of existence in the teeth of the Con-
stitution, why sacrifice the county court-by
far the better of the two and the more eff.
cicnt: Why defeat the peoples choice
| Why, in fact, have ttrO courtS--a pro.
bate and circuit court--when the county
court can and does now perform the tllnc.
tons OF both: 1t is only because the "re.
formers" feel hampered by the constitutional
necessity of having county court and cir
cult court, in name at least. Hence the Wis
dom of waiting for the convention. Let us
sec how the expense account would stand
| There are now sixteen circuits-saary and
mileage OF judges In each, $1,000. S35,2e
There are 10 he hyc new ones at S22to....:.. ll,gU(
The increased cost OF keeping prisoners to the
| circuit terms 1000
sje,.el
| EXPENSE of transferring causes from county
courts to circuit courts, average Of $50 ~
each of the loo counties. $1,000
slos,9o
One hundred county judges at 81 per day. or
$l25 per 1854
sLls,7el
The whole cost of the new system for tie
| first yeIr would he then annually. .$Gs, 200
Expense of county conrt, say one Judge to
two counties, one hundred counties, lfty
Judges at say 1920 each ................ s6o.o0t
| Add mileage II given $50
| ....... H.. $3.50,
The fees and costs of transfer of causes
would average at least $500 for each of tho
one hundred counties. The cost of dctan
inn ann1lSad nrisnneI.s Junitinnr tho [,