The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-05
THE NEW CONSTITUTION.

n UIduC6 NJ SUNNI OIL ltb AmpeIIeCs
lions by Democratic Member Of
the Late Legislature.
(For the Wheeling Intelligenccr)
That the present Constitution OF oul
State contains many provisions Of doubt
full expediencY, many Inconsistencies and
many conflicts Of authority, as well az
many gross absurdities, no one, not even
its best friends, will deny. 1t Is our pur-
pose In behalf OF the jurisprudence OF the
State and In behalf of the best interests
and welfare Of the people 10 point oul
some oil the most glazing defects OF this
embodiment Of incongruities and contra
dictions.
sRvRN MONTHS OF OBSERVATION AS &c
HOW IT WORKS.
0Aiter sitting seven long months in the
halls Of legislation and witnessing many
attempts 10 legislRte effectively and intel.
ligentlY under its provisions, and after
seeing the instrument itself lacerated and
tortured to mean anything and every.
thing that the caprice OF a iyrannical and
bigoted majority might dictate, and also
alter hearing the opinions OF some of the
most distinguished Of its framers as to It's
true meaning and original Interpretation
Il tlatter myself that / have learned
something OF its nature, and can give
some idea of the difficulties attending
legislation under it. In saying this much
l am willing TO admit that the new Con.
Otltution contains many provisions oil a
wholesome character; some OF the best
provisions Of the old Constitution have
been retained and some new ones incor.
porated which would be q credit to the
organic law Of any State. The first de-
feet, as / conceive, may be found In the
18Th section Of article III. (Bill Of Rights
taken In connection with section 38 Of
article VIII. Judiciary Department..
Taken together they will read as follows:
I'm suits at common law, where the value in
controversy, exclusive Of interest and costs, or
ceeds twenty dollars, the rigat OF trial by q Jury
OF twelve men, II required by either party,
shall DO preserved, except that In appeals lom
the Judgments Of Justices & jury OF Q less mum.
Der may DO authorized by law; but in trials OF
civil cases before Justice no Jury shall be n.
lowed. The civil Jurisdiction Of q Justice OF
the Peace shall extend to actions OF assumpsit,
debt, dettnue and troYer, II the amount claimed,
exclusive Of Interest, does not exceed one hun:
HblIAAbt Vttttu C4UAURtQ
Erceed tIrenty dollars, on he duplication Of ne
dtJtnddnt e!tatr IN ptrg0H of6V council made at
any time byore trial, q shall De ne duty IF he
JuIttee Of hs Peace o traHsait he papers IN ne
egss ne CEtrk Of ne County Court % b lhGreiR
tris6,"
DIFFICULTY CT LEGIsLArNa UNDER
FOREGOING PRovIsIoNs.
While the language above quoted
would seemingly carry nothing unjust or
difficult 70 comprehend, yet the commit.
tee on county organization found great
altncnlty In forming an act which would
mete out Justice 20 all parties concerned.
IiWiu not attempt TO elaborate the differ.
ence IN the language used In the old Con.
stituuon as Compared with the new. In
respect to the above subject of iurispru-
dence, nor Will point OCT the difference
between the acSpassed In Pursuance M
the provisions OF the old ConsSun,;on
and the new, In that regard, but will iesTe
II 10 the reader TO examine for him.
self But / will endeavor to set forth
the unnecessary expense, delay and hard.
ship every sutton must undergo under
the new order Of things before he can get
the most ordinary case properly adJu-
dictated.
HOW LITIGATION Is ENCOURAGED AT THE
PUBLIC RXPENsE.
It's natural when party Is sued to do
everything in his power 10 thwart his ad.
yeBSry, consequently, whether the claim
Is o Just one or not, or whether the de-
tendant has any property wherewith 10
satisfy q Judgment or not, or whatever
may DO the case, all he has 10 dot he
should be sued before a Justice of the
Peace-is either in persou or by counsel
to make at any time before Trial an appli.
cation TO transmit the papers IN The case
TO the County Court TO be- Therein MED.
toilhoGt security Of any kind for ~ al.
ditIoRdl costs. Now as the County Court
hold only four terms In year for the
trial Of causes, whole year may elapse
before final judgment, and then in five
cases out Of ten the Judgment Is WORTH
lesS. Then who Is responsible for the cost
The clerk and sheriff may lose their fec
y neither party 10 responsible, but the
court and jury must be paid, and that too
out Of the County Treasury. Look at
your County Court dockets all over The
State, and see how many Of these worth