The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-01-04
The Municipal Court.
tors OF tho IntolligoncOr:

/ AZ LuG 1h0AgSA8 VI h4S AANSA4AhsASSA'
In the editorial your issue Of yester'
day on Mondays Election" you refer tC
an expectation that the Municipal Court
of Wheeling will soon be abolished, as a
consequence Of the Establishment Of the
County Court. It Is spprehended that
your informant as to the facts In the mat.
ter has erred, and atthe request and on
behalf Of the very many interested, l
would beg leave to give what We main
tain Is the situation at this time. The
Circuit Court of Ohio County has more
business than one Judge can possibly dis
patch, and as an inevitable consequence
the docket has been for years teO great in
spite of energetic efforts to reduce 1t. As
has been well said by one who ought to
know, there Is enough business In vaca'
ton to occupy the whole time Of the
Judge OF this circuit, without a score or
two Of chancery and law cases in his
hands for consideration and decision be-
tween terms. The Municipal Court has
not heretofore relieved this press Of bust.
ness into tho Circuit Court, because an
appeal has been to the Circuit Court from
the Municipal Court. Suitors when
contest was expected would not sue in the
Municipal Court, because the case could
be carried up to the Circuit Court, then to
the Court Of Appeals, and they might as
well begin in the Circuit Court in the first
place. The County Court will not re.
lieve such pressure in future for the same
reason as TO appeals. The Municipal
Court will give the desired reliet as by
legislation at the present session OF
the Legislature the appeal from said Court
is now direct tothe Court Of Appeals.
No adequate remedy is afforded by the
County Court taking Jurisdiction OF the
lesser criminal cases Some relief re-
suits, but the result Of experience and OBJ.
servation is that tho Circuit Court will
still be vastly overwhelmed. This has
been demonstrated by inspection OF de-
tails us 10 time and number Of cases,
but TO enter into the same would unduly
lengthen the present communication.
Appeals from Justices, now tried in the
Circuit Court will, in future, be tried in
the County Court. But parties who here.
tofore sued before Justices will, IN future,
sue in the County Court, that court hav-
ing Jurisdiction where the amount in con-
trOversy is over $50, or II they begin be-
fore o Justice and contest arises, the case
will be moved by the parties as provided
BY the Constitution, before q trial into the
County Court. Then, when party hero
totore would have been dissatisfied with
one trial 1betore Justice, he will now be
dissatisfied with one before the County
Court, and will appeal TO the Circuit
Court, which, by the new Constitution,
has appellate Jurisdiction when case in
wolves over $50.
Numerous Continuances occur In the
Circuit Court because cases are crowded
over till next term for want Of time to
try same on tho day they are set, other
cases taking up the whole time. The
salary of the Judge of the Municipal
Court would be saved many times in the
diminution Of costs to suitors. A case
being brought in the Municipal Court
has never been continued for want Of
time to try 1t, and probably will not, and
the costs Of an indefinite number Of con.
tinuanCes tor want Of time to try, lin.
Volving witness fees, time spent in court,
&c. } would be saved. Besides this, any
considerable delay Is generally equivalent
to q denial OF justice, and delay is dEI1GyS
dangerous, expensive and vexatious. It
is q matter oil experience that a litigated
case is never practically tried until it Is
called for trial at two or three terms at
least, no matter how much pressed BY the
claimant, or how ready he Is. The Cir
cult Court sits twice mr. year under the
new Constitution. Twoo three continu-
ances would involve year or two, while
in the Municipal Court, sitting four or
more times a year, the delay would be
far less evil. The salary Of tho judge
seems to be the consideration for abolish
ing tho court, or the main one. It Is
more than counterbSlanced by the saving
Of costs and of time spent In attending
court, and by the speedy settlement oil
suits. Amayor to cit every day the year
around in the Police Court will scarcely
DO found who will do sofor $500 per year.
1t is not pleasant Court to run. If he
was to he paid $1,000 per year, then the
cost OF continuing the Court would be
only $1,000, the salary Of the Judge be-
ing 81 600. Cheap enough too for tho
advantages gained. Practically the Mu-
nicipal Court has now jurisdiction over
Ohio county concurrent with the Circuit
Court, as in every case, either the cause
of action arises in the city Of Wheeling,
or some part of tho property in contro-
versy is in the city, or one Of the deien-
dants reside therein. Not having by any
means exhausted the subject, ! cannot
conclude better than with the remark OF
one OF the Oldest and ablest of our bar,
made today to me; that "The continued
existence OF the Court Is indispensable to
the administration Of justice In Ohio
county. A commercial and growing
place like this will be found TO give all
three courts, County, Circuit and Munich.
pal, all they can do"
will add that the writer has no OK to
grind in any way, shape, or manner, but
addresses you solely from q conviction
that the subject matter Is very import
ant one both to suitors and lawyers II
they wish business done and not the flaws
delays" 10 be interminabe.
A MEMBER OF THE BAR.
A YOUNGSTOWN belmont co., letter in
Il