Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1874-08-06
New Series-Vol. Ia. No. 29

1
control of corporate bodies, every one
of which is step in the right direction
Whether they go far enough is the only
question In my mind.
come now to speak of what l regard
as the chief purpose for which the Con
vention was called together; and thai
was the reorganization of
OUR JUDICIAL SYSTEM.
By the present Constitution the State
is divided into nine districts, in each o.
which three Common Pleas Judge:
were originally provided for. Thest
three Common Pleas Judges, with one
Supreme Judge, wer auth orized to hold
THE DIaTRiCT COURT.
This combination withdrew the Com
mon Pie : Judges from service in their
own Courts, and the Supreme Judge;
from service in the higher Court during
the time the District Court was in ses
! sion. About two months WAS given tC
this Court annually, or little more
than eighteen months in the entire
j STATE. Originally, appeals to this Cour
could be taken from the Common Pleas
! in jury cases. The trial of one of these
often consumed the entire term O
! Court, Which generally did not exceed
/ two or three days. Within five years
of lis organization the Court was com
| pletely blocked and broken down. In
1858 the Legislature was applied to fol
relief. 1t was proposed that appeals bt
abolished, but our people had been Sc
educated to the system of two trial:
that the proposition was rejected. The
~ OF secopd trial in the Common
n,, "a thePeupon substituted fol
PIeas w,. district Court, Thi:
appeals TO the I'M the joint sit
transferred the labor IT.. Distric
ting of all the Judges in the
term to the separate sitting of the san>
Judges in Common Pleas. While there
fore it aItially relieved the former
Court it augmented the labor of the
latter so that the evil was partially
remedied only. The rapid increase in
population and business in every form
and department soon cast upon the
District Court an excessive business in
the hearing of chancery causes and pro-
ceedings of error alone. The limited
time given for the consideration of
these, sometimes involving immense
sums and important questions, fall I'd to
secure the public confidence in the de-
cisiOns of that Court. 1t therefore
served as check only in the judicial
current for causes rendered for q longer
or shorter period, and then drifted on
to the Supreme Court, overwhelming
and breaking it down, say that now
the business on the calender of that
Court is four years in arrears.
The inf1eXibiliIy of the present sys-
tenn is such that remedy can not be
furnished by legislation. The Common
Pleas Judges have been increased to
fifty, but an increase of Common Pleas
Judges is not followed by correspond
ing increase in ihe district force. Sup
pose these Judges constituted sixteen
District Courts, each Court laboring
two months; it would give but thirty
two months of district service to the
State. Or if each OF said Courts should
work three months, it would give but
fOrty-eight months of service TO the
State, so that the system is without
that necessary elasticity required by the
increase of business.
To increase the Common Pleas Judg-
es TO such a number as will render the
district force efficient would make the
Common Pleas force excessive, and
while either Court is in operation the
other must necessarily suspend. ToI
remedy this inefiiciency and furnish
an intermediate Court of sufficient Ca
pacity of every exigency an amend
ment was made to the
BILL OF RIGHTS,
Which / will now briefly consider.
The Constitution provides that the
right of trial by jury shall be inviolate. |
This language has been interpreted to |
mean the common law jury of twelve |
men. 1t has, therefore, been held that |
a law providing for trial of causes i'm |
which jury of twelve men is not Sc
cured, either in the first instance or by |
appeal to tribunal in which such Jury
may be had, contravenes this clause of
the Constitution, and is, therefore,
void. Consequently, although it is |
for the General Assembly |
to provide for the trial of causes in a
Justices Court, either without jury |
or by jury of less than twelve, it is |
not competent TO do so without at the |
same time securing to the parties the
right OF appeal to the Common Pleas,
where the amount in controversy ex-
ceeds twenty dollars. Hence many
causes involving very small sums are
appealed, and the time of the Court
at cost to the public far
the amount in controversy.
The necessary cost to the public of a
Common Pleas Court per day, includ-
ing Judges salary and the fees of urUrs
and bailifs, is about forty dollars.
Many causes in which the amount in
is far less than forty dol
ars are carried into this Court by ap-
peal. The trial of one of these some
lines occupies the Court and jury two
Or three days, at cost, paid out of the
public Treasury, of from fifty to one
hundred and fifty dollars. 1t seemed
20 the Convention that while the State
was bound to furnish tribunal for the
egal settlement of controversies, it Ii
,ught not not to be required to furnish h
! succession of such tribunals in which
o afford parties the luxury of repeated
rials, st cost to the public Treasury
ar greater than the amount in dispute.
e was, therefore, deemed wise and Just [
hat the General Assembly be empOw-
r to provide for jury in the inferior [
courts of less number than twelve,
which should be jury in the consti- (
utional sense, and whose verdict {
night be made final, either upon sim ,
lie trial or upon second trial in such !
Inferior Courts. 8
1t is believed that no more just and I
alutary measure of relief to the already \
vertaxed and overburdened Courts, q
nd none more calculated to promote i
he substantial interests and welfare of :
arties litigant, has been proposed. Is
THE COMMON PLEAS.
The power and Jurisdiction of the }
Common Pleas are unchanged. Being >
elieved from district service, the en- ?
ire time of fthe Judges will be given to +
heir own Court. To avert the detri- !
lent of tedious delay term is required .
} be held in each county every ninety
ays. To prevent the evil consequences =
T indulgence in the Court and indo- '
snce in the attorneys, seyenty-twoI