The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-01-13
Terms, uy Mail, in Advance
The Judiciary System.
Editors Of the Register:

Editors of the Register:
As the time has nearly arrived when
the Constitutional Convention will
assemble in Charleston, I hope it will
not be considered amiss for a very
humble citizen to offer q few crude
suggestions in relation to a part Of the
work which the Convention will have
in hand.
Whatever may be the power, leslti'
mate or otherwise, Of the several
departments into which our Republican
governments are usually divided, the
judicial department is. certainly, not
the least important. because it is its
duty to construe and ascertain the laws
as enacted by the Legislature, to give
them force and vitality, and apply them
to the people. Seeing then the delicate
and important duties which are always
devolved upon this branch OF the
government, is it not absolutely indis.
pensible, that it, OF, at least, those invested
with judicial functions, should be
clothed with the utmost practicable
Independence, and be placed above the
capricious malice Of partisan blgotry
and political antagonisms2 | will not
presume to indicate how this independ-
ence can, or ought TO be secured, but
am content to leave it to the able
and faithful hands OF the Convention.
In all the work OF the Convention,
they should keep economy and efficiency
constantly in view; for they are the
great touchstones by which the work
of the Convention will be tried and if 1t is
wanting in either of these essential
qualities, it will be surely defeated by
the people.
Having regard TO these ideas, il
would seem that three judges Of the
Court of Appeals would be sufficient
They should be chosen either by the
Legislature or the voters Of the State
at large, and in no event ought they to
be subject to gubernatorial favoritlsm
or interference. They ought to be
elected for term OF ten or twelve years,
aud receive competent salary.
For the election of Circuit Judges,
the State should be divided into not
more than six circuits, in each OF
which judge should be elected for q
term OF six or eight years, and be
allowed a competent salary, and be
required to hold court in each county
in his circuit at least twice ayear.
1t seems to be conceded in all hands
that the Board Of Supervisors will
be abolished; and it seems equally
certain that there must be some
tribunal between the Circuit Court and
the people, for police purposes il
nothing more. What shall it be?
1t is devoutly to be hoped that we may
be inflicted with no more boards,
either of Supervisors, Commissioners,
Registration or any other boards OF a
kindred nature. We have had quite
enough of them. That there is an
q Isolute necessity for some tribunal is
mon fest. But what shall it be?
Uov;r,r in view the critenous OF
and efficiency, before spoken
II I vent, IRE to suggest the following
Ian which ,;s the best that has occurred
. NE It ce, 'tainly has the merit Of
,bea mess and l think it will be
.fficient: I.;,o1 ;nto email
Iis hfs sat say Of one te o. three or more
ounties' &C, ,ordiug to the. n business ana
population, a nd Judge ell. cited IN each
Who shall be called the Comfy Judge,
rho shall be r, ,quired to hold d coIr'
n each county once in two mt n, nos
md receive a s.Iary of $1,000 t'e5
mum, to be paid ny his district, ano
ave such Jurisdiction as may be
by law. The townships
hould elect two JUST ces Of the peace,
s at present, who sho, aid perform the
anne duties that are low required OF
hem, and at least ono a year they
hould form a court, ,of which me
county Judge should ne er oDtct0'
resident, for the purpose ,h laying the
ounty levy, recovering ella inns against
be county etc. etc. And, b esides, the
Id examining court, in cases OF felony,
ught to be restored. 1t looks like
ather too quick business to arr est a
,an to-day and put him on trial to-
borrow for his life. 1t seems to- me
hat no institution which was swept
way by the whirlwind of revolu ton
more needed than this. 1t furnis hes
n additional safeguard to the citl zen
'heu he is innocent and gives the
tate a better opportunity to cow let
i'm it he is guilty. I have Lot
eemed it necessary to enter into Il he
,inutie. or to offer arguments. for To e
ystem here advanced, but such is tn e
REF outline of the plan and it is
elieved it will meet the necessities OF
ur young State aud give satisfaction
D the people. CIvIs.