Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-03-17
tfer the Spirit of Jefferson
hEXPENSIVE COURTS.n

In former articles we pointed ont The folly
of trying to make judges out of men who are
ignorant of law and We showed that the at
tempt had resulted in giving US long terms of
expensive courts.
so. Fl s." twits us with not pointing out
a remedy. Now, We did think the proper
remedy would suggest itself tn all your readers.
We discover from his ,cor6s, though we might
not from his actions, that u. Il 8" has a
smatterlng of Scripture in his head if not in
his heart, and we risque qnotatioo-'iftby
right hand offend thee, cnt it of"
X
This conversation occurred
A.-Csn't we get rid Of the present County
Court2
BIZ: must continue until the Constitu>
ton is amended
A.-The people want 80 get rid of the
present system without delay When a man
has money depending on question of law, he
wants M'ryer to decide it.
1.-THE change you desire can be effected
speedily and without eppense. The Consti>
tuition provides that, upon the application of
any county the legislature shall modify the
Court to conform to the wishes of the people
Let the magistrates submit to the proposed
change to the voters at the October election :;
it majority want judge instead of the three
justices, the new Court will be in operation
early next year
A.-What will become of the magistrates /?
B.-Thcy will constitute the County Com
missinners, aud manage all the rublic business
OF the county. They will also try cases. under
500, in their respective districts. And they
will get more eases to try. The more cases
they try, the fewer cases will come before the
Court
Al don't understand how the Justice
will Get more cases because you have lawyer
on the bench
1.-THE reason people dodge a justices
trial, now, is this.-if magistrate mistakes
the Law, the only appeal you have is to three
other men who are equally ignorant of the
subject. If the telegraph operator is sick,
you may summon all the people in tie county,
hut you cant send of y"ur message. You
can appeal from the County Court to the Cir
cuit Court judge, and YOUR appeal is worth
something, 50 people dodge the Justice and
crowd the County Court.
A.-Why not put all the cases in The Cir
emit Court. and then the County Court won't
have any business?
B.-The Circuit Court only meets twice a
year people can't wait year for a lit judg-
mens. Besides. the Circuit Court is very ex-
pensiVc and to force it to do al tile business
would keep it in session half tho year. That
Court is terribly crowded, already.
Most cases that come into Court involve
questions both of law and fact: Thus, to IL
lustTate by very simple case:
The law says. that when man =Ianders his
neighbor he shall pay him damages Il. calls
B. dog Now, here are two questions pre-
scnted
1st. Did a. call b dog? This ia cues
ton of fart which is to he decided by the
jury according 30 the evidence
2d. Is it sInnder to call man DON ?
This is a question of In'c Now. all We say
ia. thHt a man wbo don't know the law is Ut
lit to decide what the Law is
The above is a simple case. but very rer-
picking cases are generally presented take
this one. for example:
al farme. shipped some eggs and some beef
to merchant in this city. Tho merchant
failed TO render a satisfactory nccauut, the
farmer sued him.
E,'mcr,-Why don't you Fay me for my
beef?
Kcrchont,-Weil you sec that beef spoiit
on the way to the city
F"rmsr.-Brt why don't you ray me for
-Esrchunt-wo'I, those eggs frcze on the
cars.
.J"'?yc Look Lore. Sir. Merchant. this
Court is an old man and never heard OF snch
sudden changes in the weather, mighty
curious weather that will spoil beef and freeze
eggs.
Now, any one can see if the judge hal let
this ease alone. it wuuId have given 'he Court
the jury md the lawyers vast deal oi:roublc
For only think Of The many questions OF law.
and OF facts which would arise
Did tho merchant get the eggs and beet? ?
perhaps the railroad people stole rham.
Did they spoil on the csrS, or were they
spoiled on the farm
Who shall bear the loss. the railroad, the
merchant. or the farmer ? &c &c
The judge did wrong to cut that case short
Perhaps the depot agent pnt tie beef and the
eggs in dirty Y"0"o car. and il so. the story
of the merchant may have been true
Our object in these articles is to correct
what We think public evil which IL easily
removed We do not prODose TO he led Of
into personal controversy with j. II. S."
or sny body else who has time to waste in
such discussion. But since re Inns rurposcly
gone out OE his wy "to take fling at the
lawyers" we would commend to him rru-
dent hmshsndrv of his resources, lest per-
chance we should Gnd leisure To test the
strength of his armnr lie had best confinc
his literary lab"rs to the subject of fnancc
The great question before Congress iS-h"w
to pay your debts without spending any
money" +! This is TOPIC upon which we are
satisfied u. II. s." can WELD powerful pen.
and make public much interesting information
But when he deals with the suhjrc; matter of
these articles "he goes beyond his tither."
NJ NJ