The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-04-23
THE NEW CONSTITUTION.
The County Court System.

Of maj lusIIuulCut uhNS 6lNSA N0i SHNA vs. =
.1ne that q plain man Is somewhat at
las to know how to reconcile with Others
relating to tho same subject Article o
proyides that, 1.-THE Legislative, Exccu'
tive and Judicial departments shall be
separate and distinct, so that neither
shall exercise the powers Of more than
one Of them at the same time, except
that Justices Of the Peace shall be eligi.
be to the legislature"
This is all Ineligible enough. No
man shall make the laws which he is re-
uQi-ed to administer as q Judge, or exc
cute as Governor.
But Sec. 90 OF Article $, provides that
There shall be a County Court, which
shall be composed Of u President and
two Justices of the Peace; except when
by that Constitution agreater number
shall be required. 1t shall hold six
sessions during the year, at times to be
prescribed by law, two Of which shall be
limited to matters connected with the
police and fiscal affairs OF the county,
the other four shall be held for the trial
of causes, and for the transaction OF all
other business within the general jurls'
"iiCtion of the Court, except the assess.
"ment or levy upon the property of the
county. In all cases where a levy Of the
county is laid, a majority of all the jus.
tees elected in the county shall be neces-
"s4y to constitute q quorum for the
transaction Of business.
The eth Sec. OF Art. s, confcrs upon
this Court all the original Jurisdiction and
power, that is now exercised by the Cir
cult Court the Board Of Supervisors and
the Recorder Of the county, except the
trial OF indictments for felony.
tits to try all civil causes both ut law
and in chaucery, no matter how many
hundreds Of thousands OF dollars may be
involved, take probate Of wills, grant let.
,ers Of administration, settle estates, re,
crFl deeds, levy taxes for county and
other local purposes, settle with the Sher.
!!s, have the superintendent OF the pub.
lie schools, lay and establish roads, build
Jridges-in q word to transact all the
legislative, executive, and judicial bust
ness arising in the county.
Ii never seems to have occurred to the
Convention, that If it was improper fol
the Legislature to act judiCially in the
administration and execution of the laws
ThiChthey had passed, that it was equally
Objectionable to allow the County Court
TODD the same thing.
The members Of the Legislature ought
not to be permitted to sit in Judgment or
The constitutionality or construction Of
Tie laws which they have passed.
And Tor the same reason the County
Court ought not TO be permitted to sit in
Judgment on the validity OF the tax levies
which they have made, or on the validity
or construction Of contracts which they
have entered into for the construction OF
roads, bridges, Court Houses and jais.
These are objections which lie 10 all
tribunals which unite legislative, execu.
tive anu judicial powers in the same per.
sons, without regard to the intelligence or
character OF the persons in whom such
powers arc vested. '.
Butto make 1t absolutely certain that
the County Court shall he an unmitigated
nuisance, the mode OF constituting the
Court, and electing the Judges, furnishes
abundant guarantys that they will bt
wholly incompetent to discharge the grave
and responsible duties imposed upor
them by the Constitution.
The presiding justice is to have loul
dollars per day trhile the Court is in session
The other two justices arc to have three
dollars per day while the Court is in scs
sion.
The average term Of the Court through
out tho State, will certainly not exceed
one week or six days. This will give the
presiding Justice $94 per term and $l44
per anuum, and the others $lS per term
and $lOS per annum.
No Judgeot the Court is 10 be permit
ted to practice law. Hence, the Judge,
must be farmers, mechanics, merchants
manufacturers, who will be expected I,
devote a few days every two months t,
the business Of the Court.
Their compensation Will not enabl,
them to devote any portion Of their tim,
oreading or study 10 qualify them 10
their positions.
Hence, the most important tribunal il
the State, the ono that must exercise
larger influence over the business of til
people, and the welfare and prosperity {
the State, than any other tribunal prt
vlded for by the Constitution, will be u
teFIy incapable of disCharging its dutie
Iu'eillgenuy or efficiently.
In tho trial Of important civil cause
such as the Stcenrod will case, tho sui
against the Directors Of the Savings Ii
sN'ution OF the Gas Company case, ther
can be no security for an intelligent il
vesuGation of the right Of the partie.
lFue II Is said there Is IN appeal to til
Circuit Court, and from the Circuit Coul
!" The Court Of Appeals.
This is true, you can get record tn.
Will show precisely the erroneous judr
ment from which the appeal is taken.
But to do this you must have a bill {
exceptions signed by the Judges, giving
history Of the case, and Of tho iacl
proved, and OF the questions Of law d
nless the Court choose to sign such
OIL! Of exceptions, there is really no AZ
peal pea Tor theremedy by maudauus to CON
PEA court to sign q bill OF exceptions
M lmpncticable proceeding,
And Whpn an oNNo