Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1873-11-15

Too Many People Kept Waiting at
COnrf.

u 4 w -A-~%-t =
Court.
We suggest our judicial system may be i'm
proved. We are grievously afflicted with
Courts. Eight terms year and still the bus
mess is not transacted. The number Of cases
continued because not reached increases
rapidly The Circuit Court lasted over month
witnesses, jurors. and parties to suits IN at
tendance every day, aud yet we are Informed
that it will require an extra term Of several
weeks to dispose Of the business which Is ready
and urgent for trial but which has been crowd
ed out
We understand nearly 800 of our citizens
were called away from home, away from their
work. to attend court, during the past month,
and these citizens for the most part belong to
the class who can least afford to neglect their
private business. In old times when we had
an ample aud well regulated supply Of labor,
a long term of court did not tax the county so
severely. but now. when farmer leaves homo
work stops Perhaps. twenty years hence,
when the labor question is settled, we may
stand long terms; but they are ont Of the
question now. In our present situation such
+ interruptions Of our farm work are simply rH-
nous
T N IfI 70 Ilnt tilINN iIsi u til.Ntlfu va AANf va
ly the Judge aud lawyers are employed, aud
an such cases should be considered alter 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
a Jury trial; then witnesses. jurors, and every
body interested in subsequent cases must wait
until they are settled. Ii is these questions OF
+ law. which arise during trial, that consume
the time Hence. a man with a case to try
must keep his witnesses in attendance day al
/ ter day waiting his turn 10 come.
When we have an experienced and wcli-read
lawyer on the Bench, comparatively little time
is required 10 debate most of the law points.
The Judge being familiar with the principles
which uuderie the various branches of the law
and with the books, is able 10 decide as soon
as the counsel present him with the decisions
bearing on the precise question 10 issue But
If the Judge is not an educated lawyer, no mat
ter what be his intellectual gifts, it Is imposSl-
ble for him TO decide promptly. If he has
brains he will take time 70 investigate every
subject before he decides il he Is a fool, pro-
badly he will decide ofi-hand, and, nine times
I'm ten. decide wrong This is the reason the
County Court always has and always will take
so long 70 Try a case aud yet, we all know
we have the best men in the county on the
Bench. They appreciate that the law is a
branch of learning which eau only be acquired
10 a lifetime Of study.
Daniel Webster. at the zenith Of his fame,
could not make a horseshoe why? Because
he bad not learned the trade
The questions presented to the County Court
require MS much legal learning as those which
come before the highest courts IN the land. We
Do not say the county court will not decide
right; we only say that it takes too much pre-
ci0us time for It 70 investigate legal questions.
People must have confidence that the Judge
understands the law; for how can be admin
lister tie law unless he understands it. a
Judge should bea man who studies hw and no
thiug else; whose habits of thought make the
investigation Of legal subjects interesting aud
agreeable 20 him. The longer such a man Is
on the bench toe better Judge be will he; the
better satisfied the people viii bewith lis de-
cisons the quicker will business be dispatch
ed the shorter the terms Of court; the short
err the time witnesses and jurics will be away
from home.
The present county court, though composed
of uueXccptonabIe gentlemen, does not and
can not meet the requirements of our situation.
SO better tribunal can be devised for the man
agemeut Of the difficult fiscal and police affairs
of the county. Il win require The constant cX-
ercise OF all the talent Of those IA gentlemen
% conduct our finances and our public inn
provements Il Is their duty % keep Jcfer-
son abreast with the progress Of the age, and
vet see TO It that we are not crushed with tax
eS But under the present organizations II
cannot DO itself or the people justice as tn
bunal for the trial oflaw cases For example,
different magistrates occupy the bench each
term At the last term case was tried, the
law examined and deliberately argued al tho
next term another case, involving the same
questions. will be presented, but the lew mag
istrates will be strangers 20 these questions
aud hence, the whole ground must he gone oven
again Sometimes case is partly tried at ono
term and flushed at tle next, and this will
largely increase The embarrassment growing
ont of the alienation Of magistrates. Many
. other reasons FIR modifying .bis court suggest
themselves o. every one; some OF them We
may advert O. iu future articles.
The constitution directs the legislature &c
modify the county court upon the application
Of any county it is suggested that we >ep8-
rate the judicial business from the fiscal and
police affairs; chat we have a County Judge
Ton the law business and thus enable the pres
emit magistrates to give all their attention to
our public atlirs II this is done, we believe
the aw business will be transacted in one fourth
the tire and 40 saving ot many Thousand
dollars each year; while the county matter.
will De- managed infinitely better than they
ever have been This subject is worthy these
rious consideration Of our people for it is APP
plreu; o. every one ,h,t our public a6Iirs re-
quire the most skiliui and aboiiuus manage
mcut, and equally apparent our long terms
&C court grievousy interrupt cur farming opc-
rg,aus; which interruption we can poorly ai-
ford att.i, time when we have no regular sys-
tenn OF supply Of labor. PEoGREss