Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-11-29
From the Free Press.
TOO MANY PEOPLE KEPT WAIT
ING AT COURT.

be improved, We are previously af-
fiicted with Courts, Eight terms year
and still the business is not transacted,
The number OF cases CONTINUED be-
cause not reached" increases rapidly.
The Circuit Court lasted over month
witnesses jurors, and parties TO suits
in attendance every day, and yet we are
informed that it will require an extra
term of several weeks to dispose OF the
business which is ready and urgent tor
trial but which has been crowded out.
We understand nearly 800 of our cit
ixeus were called away from home, away
from their work, to attend court, daring
the mast month, and these citi1eas tor
the most part belong to the class who
can least afford tc neglect their private
business In old times when We had
an ample and we'll regulated supply OF
labor a long term OF coart did not TAX
the couaty 80 severely, tHt now, wheh
f,rue, leaves i.omc-wolk stops, FER
bars, twenty wears hence, when the Ia,
Nor Question is settled, We may stand
,oro terms: but they are out OF the
question How d" Wv" i'ioSN"N
such interruptions OF our farm work are
simply r"t"o"s.
When i case sarIS on question ct
lam. 0alr the Judge and lawyers arc
employed and all such cases should be
considered after the Jury is discharged.
But most cases involve questions both
of law and fact, Questions of law arise
and must be decided, in the midst OF 4
inrv trial then Witnesses Jurors, anti
every body interested in subsequent
cases u.ust wait until they are settled.
1t is these questions of law, which arise
during . trial, that consume the time,
Hence, 4 man with a case TO try must
keep his witnesses i'll attendance day al
ter day waiting his turn to come.
When we hgve an experienced and
well-read lawyer on the Bench, compar-
atively little time is required to debate
most of the law points. The Judge br-
ING familiar with the principles which
underlie the various branches OF the law
end with the books, is able to decide as
soon as the counsel present him with
the decisions bearing on the precise
question in issue But if the Judge Is
not an educated lawyer, no matter what
be his intellectual gifts, it is impossible
for him to decide promptly. If he has
brains he will take time to investigate
every subject before he decides: If he
is fool, probably he will decide OIL
3iand, and, nine times III ten, decide
wronp. This is the reason the County
Court always has and always will take
SO long to try case ; and yet, we all
know we have the best men III the coun-
" Oh the Bench. They appreciate that
the Jaw is a branch of learning which
can only be acquired in lifetime OF
study.
Daniel Webster, ut the zenith OF his
fame. could not make Il horseshoe
why , Because he had not learned the
trade.
The questions presented to the Coun
tv Court require as much legal learning
rs those Which come before the highest
courts in the land We do not say the
county cour. will not decide right; we
only say that il takes too much precious
time for it to investigate legal questions.
People must have confidence that the
Judge understands the law; for how can
he administer the law unless he under
stands it. \ Judge should be man
who studies law and nothing else :;
whose habits OF thought make the in
yestigatiun of legal subjects interesting
and agreeable to him. The longer such
u man is on the bench, the better Judge
ne will be the better satisfied the pco-
ple will be with his decisions the
quicker will business be diSl atchcd; the
shorter the 0ms of court the shorter
the time witnesses and juries will be
away from home.
The present county court, though
composed of uneXceptionable gentle
men. does not and can not meet the re-
anirements of our situation. No better
tribunal can be devised for the manage
meut of the difficult fiscal and police at
fairs of the county. 1t will require the
constant exercise of all the talent OF
those fourteen gentlemen to conduct
our finances and our. public improve
ments. 1t is their duty to keep Jetfer-
son abreast with the progress OF the age:
and vet see to it that we are crushed
with taxes. But under the present or
ganization it cannot do itself or the peo-
pie Justice rs tribunal for the trial OF
law cases. For example, different mag
istrates occupy the bench each term. At
the last term case was tried, the law
examined and deliberately argued at
the next term another case, involving
the same questions, will be presented,
but the new magistrates will be stran-
gers to these questions, and hence, the
whole ground must be gone over again
Sometimes a case is partly tried at one
term and finished at the next, and this
will largely increase the embarrassment
growing out of the alienation of mag
istrates. Many other reasons for modi
fyinr this court suggest themselves to
every one some of them we may adj
vert to in future articles.
The constitution directs the legisla-
ture to mcdify the county court upon
the application of any county. 1t is
suggested that we separate the judicial
business from the fiscal and police at
fairs : that we have County Judge for
the law business and thus enable the
present magistrates to give all their
attention to onr public affairs. If this
- doro u.o helieve the law business will