The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-02-25
The County Courts.

We regret tnas IL 10 so $50,
70 be doubted or denied that a majority OF the
,.urers are ia favor of whiting down the
INT .ecorr.s TO a contemplate condition.
rhav are 40 inclined In order that their com
sor, and their convenience may be promoted
nv following the circuit courts about ana
s;lI.nettiug as much business as possible oy
compelling litigants to appear at the trien'
n,a, tribunals OF their bailiwicks. We De-
lieye this is against the wishes and against
,heipterests of the people; and that the la"'
,.,o, comfort and convenience being less
;mportaut than the interests, convenience
and welfare OF the people, the lawyers
ought to yield to the popular good. we
know that this is the opinion Of some OF the
most distinguished legal minds of the State
The county courts are the courts OF the
people. In those tribunals it is expected
that Justice will be speedy, and the ordei
and safety Of the community promptly ano
faithfully preserved. That the decisions o.
the county courts may be intelligent and
inst. the county judges should be Weii'in'
formed lawyers, according to the Constltu'
ton and any law which tends, by reducing
their consequence and their proper compen-
sation, TO degrade their office ard place IN
competent persons in it is violation OF the
Constitution and a grave assault upon the
arder and security of the community.
When the Radicals framed the Constitu-
ton we now have, the system Of the county
courts with judges elected by the Legisla'
;ure was deemed, if not its Very best, GER
,a;nly one OF its best features. We saw that
we were protected from the monstrous
courts of magistrates, which, from our cleo
tive system and from the character OF our
electors, we might well regard with terror.
This was source of positive JOY to our peo-
ME. And when the member from Frede-
rick (Mr. WILl1AAs) poured forth bis lauda-
tons upon the old county courts OF magls-
trate., who held Office during life, and were
selfperpetuuting, he was drawing the pic
ture OF thing that has passed away never to
return. It is not applicable now; and the
substitute that We have, or should have &C.
eerdipg TO the Constitution, of courts pre-
sided over by lawyers ''learned in the law
IS the very best that we could hope for, and
shields Us from an ocean of evils.
The great objection urged against the
county courts by Mr.. WILLIAMS is to the
. dragging" the debtor fourteen times
wear two more than the months Of the year,
10 the courthouse. Is summons before
the circuit court less "dragging" than a
summons before the county court! And II
a mans cause is disposed of by his being
<tdragged'' once before the county court, -
he worse off than if it were so settled Jour
u.onhs later by being dragged before the
circuit court? And pray tell us ii mans
cause lie settled by being once dragged
before the county court, for what on earth
must he be dragged thirteen times more 10
abe cou1t5 Is it common to rehearSe cases
40 many times for public anus ement? Ger
sainly the ltigants could not desire it.
But why should the people assemble at
their county courts once month to attend
20 their own business? Business, indeed
Their business Is to stay at home, and to
plough and delve, and reap and sweat.
Three times year is quite enough for them
them to lie summoned to the circuit court
quite enough in the chances Of life for hon.
est creditors to sue for payment-going on
tie first day Of the term and staying as long
as the court sits, unless their causes are tried
snd the accused brought to the cond!gn"
earlier.
|
What mistaken view of the peoples
vans They want speedy justice. They
want to meet one another at the courthouse
once month. That is their exchange"
and their private business calls them thither.
10; ten men out OF hundred who 20 to
court have suits to attend to. They go to
ueet one another, collect debts, make sales,
make contracts, and see how things are go
us. "Dsagged9" The term is utterly in
appropriate. Is it assumed that all the peo-
Die of the county have suits to compei
hem to come to court in obedience TO
q writ served upon them? The county
court can for three months of the recess OF
the circuit court relieve the people, clear
away business, and leave the circuit court
free to dispose Of a higher class OF litigation
to the general satisfaction. While, on the
other hand, In the absence Of the power OF
the county court to settle causes, these are
steadily accommodating and when the circuit
court meets 1t is overwhelmed with business,
and the poor litigants, after days of expense
and detention from their business at home,
AZ, sent away without hearing, to wait an
other four months OF accumulation OF inte-
rest, costs, and delay.
Then the accused Of crime, shut up in jail,
are doomed, guilty or innocent, to suffer un-
oil the Judge and the lawyers come, four
months later, to see what they will do with
them. The Commonwealth expenses in
crease, the public complaints accumulate,
the groans of the prisoners are louder, and
who and what are benefited! Absolutely
nobody and nothing.
Why, in one of the largest counties in this
State 1t was announced few days since that
the circuit court would be opened to hear
criminal cases alone. All the civil causes
and all the litigants, with all their sufferings
from delay, had to stand aside: and the lat.
ter had to 60 home with the reflection that
they must come back four months later tc
answer the summons OF the court with The
same uncertainty banging over them.
Ayoung lawyer Of the House on Monday
was SO inconsiderate us to ayow his want o
sympathy with "felons" In the prolonga
ton of their Imprisonment. In doing SO b.
outraged one Of the tirst principles Of hi