Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1876-04-15
Hon. VIM. G.. Browns Opins
ION Of the County Court
System OF West Virginia.


wood has addressed the following
article to the editor of the Preston
county Journal on the County
Court question
AS tax payer and friend of a
pure and capable Judiciary, /
think the attention Of the people
ofthe State of West Virginia ought
to be called to the County-Court
system as now organized. The
County Court of Preston will COM
pare favorably with that Of any
other in the State; hence, what ]
say has no reference to one Court
more than another: 1T is the syS-
tenn that is radically defective.
In each of the large counties the
four law terms will consume some
ten weeks, whilst the business
transacted could be done by a
Judge in less than that time be-
sides, large per cent of the bust
ness done by the County Courts.
fails to give satisfaction, land is car
ried to the Circuit Courts, where
it is generally reversed, and al
the expense ola new trial incurr-
ed. The aggregate cost of the law
terms of the County Courts of the
State is largely in excess of that OF
the Circuit Courts, yet three or four
additional judges would do more
business in tho trial Of causes, than
all the County Courts, and do it
better With fifteen circuits in the
State, the Judges hold four courts
in each county in the year, and do
all the business with dispatch. The
fiscal and police terms of the coun-
ty court might he retained but
beyond that, they have proved a
perfect failure.
1t is claimed that the County
Courts are well calculated to aid
the young members of the bar in
commencing their practice. This
may be true, but they afford in
consequence of their limited know
ledge of the law, an inviting field
for the exercise of what is called =
the sharp practice of the profess
sion. Where the law is prom pity
and correctly dispensed from the
bench, it not only secures justice
to the suitors, but prevents useless
discussion by the lawyers and
ruinous delay in the transaction
of business.
But figures would demonstrate
the evil OF which complain better
than anything l can say The
Ma rch term of our county Court,
VIII ich has just adjourned, contin-
ued in session seventeen days. in
curing expense TO the people as
follows:
Per diem of Justices ..................$26 90
Cost of Petit Jury..................... $50 90
Total. .,..............S6 $3.50 60
Four juries were impannelled
one to try whether girl was
sane who was charged with steal
ing goods Of less value than $50,
one in a case of debt, in which the
plaintiff claimed $240, but got a
verdict of only $50, and was nom
suited one for trespass, in which
was a verdict for defendant. and a
new trial granted and the fourth
in detinue for horse, and the jury
hung. The amount realized to the
county treasury for jury tax was
$13, leaving the county treasury
minus 1878.
This does not include the expen-
SEES of the grand jury, nor the loss
of time and enpense of probably
more than a hundred suitors and
witnesses, many of whom with
long and solemn faces occupied
the back seats, like the infirm man
at the pool of Bethesda waiting
for the troubling of the waters,b
finally left for their. homes penni-
less. Nor have l said anything
about the incidental expenses,
which attend courts under any
system to SOME extent
But / am trying to show that
the County Court, as now organi-
Zed, is too heavy system for the
taxpayers to carry, or the suitors
to endorse. The convention that
gave us our present State Organi-
zation was hastily if not unwisely
called being in time when much
party bi terness prevailed. But
now that the dominant party has
got its share Of the spoils, ought
not the men of all parties to har-
monte and act in concert, so as to
secure the relief we so much need?
The reform that l suggest has
nothing to do with Federal poll
tics, but to give to West Virginia
an organization that will invite
emigration to the State and keep
our young men from leaving us to
hunt other homes in less fa-
vorable climates but in better gov
erned communities.