The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-12-15

must everso, continue as long a. this
Court is composed Of the Justices Of the
county, set of men everywhere nsces-
sary evil. Without wishing to offend,
or cast slur upon any gentleman, It Is
q known fact thst faw intelliesnt, upright
and honest men viii have this Office. BY
such persons it is not looked upon as
honorable; it brings them in contact with
many disgraceful and unpleasant cir
cumstances; it makes many enemies to
them; and its emoluments are not such
rs will engage a high order OF intel
lect. Consequently the people generally
have to select from an ignorant, lazy,
self-important offce-seeking class.
When these men constitute the County
Court, they cannot rise above themselves
and have the knowledge, If they had the
desire, to fulfill the duties Of their office.
As the drummer that once watched the
bugler's foot to know when to tap, they
in their insignifcance, watch the rod of
certain lawyers. If you>~ant q judgment
on a note or other instrument of writing
you bring suit in due form, the papers
of which the court knows nothing oftheir
sufficiency or insufiiciency. If the suit is
brought BY one whose nod they have
been in the habit of obliging, it will go
through; if by another, there will perhaps
be a demurrer filed, and plea set up that
the declaration is out of form, insufficient
or "that the suit is brought as an action OF
debt, and the declaration filed in chan
Gerry, when they should corresponds" or
some such plea too ridiculous to be an
swered. And to attempt to explain to
such court, you might as well talk OF
the spots on the sun that they never saw,
or of changing the letters of the Greek
alphabet. They hastily pass the papers
back and forth, looking wise as the Devil
in the garden all the while; and suddenly
in nasal tones exclaim: Demurrer sus-
tained! and the case goes over to next
rules. In this way they may play with
you, and battle you as long as they wish
Such courts are no better than Sambo's
in the South; they are disgraceful to the
intelligence of the age, and the conmu-
nifty in which they exist; and the next
Legislature will be remiss of its duty If
il does not offer remedy. If we must
have such courts, do away at least with
all written pleadiugs before them. These
belong to the science of law, and where
there are learned judges, are well enough;
but to bring them before men, who, If
left alone, could not read them, or know
if thew are right or wrong, can answer
no end of Justice. If forms used in Cir
cult Courts are to be observed, let us
have Judge. who understand them.
No one who has not received legal
education, let his mind be ever so bright,
is capable of being judge in law.
While it is generally believed that the
principals of justice are readily under
stood men differ very materially in their
administration; and that decisions may
be uniform, and the people know
what to expect, how to govern
themselves, and when to COM
mence having with their neighbors, 1t
becom necessary that we shall have
standard of justice. That standard is
the law, as laid down in the code, and the
common law, and so extensive and
ob,truse is it that men who have spent
half life time in its study, are often I'M
decided on its points; but that County
Court at Wellsburg will decide them in
the twinkling of eye. Blackstone, with
all his lore, was but pigmy to lords like
these-whie he reasoned long, intuition
flashes from their long heads.
Another objection to these County
Courts is, they form rings, if not great
ones like Washington rings, in which big
men and big minds mingle, nevertheless
they are rings as corrupt a. ever w'r'.
Justices of the Peace, in seine localities,
exercise the arbitrary powers in small
way, of the praetors of ancient Rome.
They give judgments contrary to law,
seize on property illegally, and collect
fines and fees to which they are not
entitled. If man goes to the trouble
and expense of appealing. his case,
which appeal has sometimes been denied
in defiance of law,) it comes before
court no better, and is under the
corruptlng influence Of the justice who
rendered the first decision. And if the
Justice be arraigned for illegal acts, he
would be tried by his colleagues and
friends. and perhaps participators in
evil. before whom no sensible man would
think of bringing him. There are
few Justices in the Board of Commits
sioncrs of Ohio county, and one By
ers r. Yates, J. P, has been presented
before them for nearly two years, every
obstacle being thrown in the way by
corrupt parties, and the papers are final
" buried n the documents of an impor-
tant committee, believed beyond tho
possibility of resurrection.l
The people of Ohio county should ever
feel grateful to the memory of General
James 5. Wheat, by whose foresight and
Judgment their people were saved many
severe Affections towhich other counties
are subjected. =.