The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-14
THE CONSTITUTION.
Judiciary Report,
CHARLESTON, February


Editors of the Register:
Five of the regular and standing
committees OF the Convention have
made their reports in full. These are
the committees on the judiciary, Coun-
~ Organization, the Executive and Leg
islative Departments, Bill OF Rights,
Officers. &c. The committee on Taxa
ton and Finance have reported their
article on that branch OF the subject
referred to them, but have so far made
no report on education and corpora
tons generally. Nothing has vet been
heard from the committee on Miscella-
ueous Provisions.
The Convention has now the mate
rails tor work before it, and has been
diligently engaged in the consideration
OF some one OF their reports, holding
Two sessions dav, and maniesting no
disposi,ion TO shrink from work.
As the report from the judiciary
committee, made on Yesterday ty MIR.
Faulkner, will probably attract more
notice than any other, from lis direct
influence upon the comforts OF the
people, and as some representations
have appeared in your paper that DO
not correctly present its conclusions, /
will take the liberty very br ely to state
them.
1t recommends a Supreme Court Of
Appeals, to consist OF four Judges 10 be
elected hy the voters OF the s ate at
large. TO hold their offices tor the term
OF twelve wears, and to receive a salary
Of TWENTY-FIVE hundred dollars per an-
mum. pass over several other sec
tons of said bill which are important in
their provisions, and decided improve
ment on our present organization, and
pass to the Circuit Courts.
1t divides the State into eight Judicial
circuits, assigning one judge to each
circuit to he elected by the voters OF
the circuit. to hold his office for the
tera. of eight years, and TO receive a
salary OF two thousand dollars per
annum.
pass in like manner over many
other sections touching the Circuit
Courts.
The present number Of circuits is
thirteen. 1t will thus be seen that they
are reduced five ia number. This has
been caused by the very general desire
expressed to have some cheap and pop
ular county judicial system, which will
absorb much Of the business OF the
Circuit Courts and greatly cheaper
the administration OF justice.
So far it will be seen that the cost OF
our judicial system, embracing the
Court OF Appeals and Circuit Courts,
falls short OF the present cost OF our
Judiciary three thousand four hundred
dollars. This is small matter, to be
sure, and the people would not have
complained if the new system had ex-
ceeded by that amount the expense OF
the present, provided there was a CORE
spending increase of efficiency. The
merit OF the present arrangement lsthat
its efficiency ia increased, while the
expense is considerably reduced.
! | pass now to the county system. In
every county there will he a court con-
sisting OF president and two associate
! Justices, TO hold four terms each year
for the trial OF causes, and the transac-
ton of the other ordinary business OF
the court. Each county will be divided
into not less than three nor more than
ten districts: each district to elect two
justices. The president will be elected
BY the voters at large OF the county.
He will receive four dollars per day
while presiding in court, and his two
associate Justices will each receive three
dollars per day while in court. to be
paid by the county.
The court will have original jurisdic-
ton OF all actions al law exceeding
twenty dollars, suits 10 equity, and
criminal jurisdiction of otfenses under
felony. Appeals are provided from 1t
TO the Circuit Court. lis clothed with
probate jurisdiction, and the superlu'
tendence and administration OF the
internal police and fiscal affairs OF the
county, including roads, bridges, DC
1t is to have exclusive and final juris-
dction of all appeals from justices.
have thus given you briet synop-
sis Of some Of the leading provisions Of
the bill which embraces thirtv-nine.
sections. One Of the greatest difficult
ties which so lar has been encountered
is to harmonic upon county system.
This results from the attempt to apply
the same system Of local admlnistra'
ton to Counties differing so widely IN
population and geographical features as
those OF Ohio, Wood. Jefferson and
Berkeley on the one hand and Webster,
Tucker, Mcdowell and Cay on the
other. Webster has population OF