The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-08-25

the "mysterieB,D tricks, traps and catches
OF the profession. These lawyers, know.
that the court knows little or nothing Of
the technicalities Of the law, raise all
sorts Of questions-questiop that they
would never dareto raise before learn
ed judge-and nthey did spring them
they would;be decided without argument
or losS Of time. But before . County
Courtit Is different. The court must pc
enlightened, and this can only be done
by arguments Of the lawyersi and, a
general thing, the average LAWYER nus "
never paid any extraordinary amount VI
attention to conciseness or terseness, put
their pleadings abound in perissology;
and TINS a day, or half day, is frequent.
iv consumed In arguing some trivial
arestion, that q Judge would decide
Titbolt a moments hesitation, and de-
eide Il correctly, where on the other
hand, the County Courts decisions are
more or less guess work.
And right here Is another item OF ex-
pense while It Is considerable, can not be
exactly estimated, namely: the expense
arising from the detention Of witnesses.
A case is set on the docket, for instance
the second day OF the term; on the hfst
day a case Is called upi motions Of every
conceivable nature and questions OF every
kind are raised, all Of which must be ar
gued before the court feels justifable in
guessing at q decision; and thus the case
Il protracted over three or four days, and
those witnesses who are summoned on
cases on the docket for the succeeding
days, are detained at heavy expense to
themselves and to the State, or the lii-
giants, The suit Of J. N. Shaw d Bro
theirs against Shaffer Brothers was BE-
fore the court eight days. Senator VIII
ley, one Of the attorneys employed in the
suit, expressed the opinion that the Cir
cult Court would have put the case
through in two or three days. Here, at
least, then, are FIVE days wasted, and i've
DAYS costs added for some one TO pay.
And this is not all: The court made
many rulings in the suit, to several Of
which exceptions have. been taken, and
now Il goes up, and will probably have
to be all gone over again. ~.
These are a few Of lis evils, briefly
sketched. Now, what Is the remedy?
Abolish the County Court system.
Divide its Judiciary business between the
Circuit Court and the Justices Of the
peace. In order TO do this, the Judicial
Circuits should be made smaller, SO that
we could have three Circuit Courts q
year. The jurisdiction Of u justice
should be increased. Under the old con-
stitution and order OF things, II either OF
the parties 10 suit so desired, case
could be tried before Justice by a jury
OF six men, This was wise law, and II
should be re.enacted. And il this il
done, we cannot see why Justices juris.
diction in civil .actions-action for debt
and the like-should be limited. II A
and B have q difference, and they are
both satisfied 10 have II settled by q Jury
OF six men before Justice, the right OF
appeal being reserved by law, we see nc
reason why they should not be allowed tc
do SC, and why they should be compelled tt
bring the suit in q higher court where
the expenses are so much greater thar
they are in Justices Court. But II
Justices jurisdiction in civil actions
must be limited, for the benefit Of law
yers, 1t ought not to be cut down below
i've hundred dollars.
Thus we would dispose Of the Judiciary
business OF our County Courts. And a
| for lis fiscal business, we would create
tribunal similar 10 the old Board Of Su'
peryisors. That method was cheap
costing, on average, $500 per year, inelu
ding the salary Of the clerk. The BOart
Of 0rrseers Of dc Poor is costing his count!
rey nearly as much, as did Tie Board Of SG
perriSors in former years.
1t would not take much to move on
Legislature to make the changes abov'
indicated. Petitions from majority o
the counties in the State to this effect
would do the work, and we believe the.
should be circulated at once, receive tn,
signatures Of the disguised people-an
that would include about every voter,-
and be presented to the next session 6
the Legislature, which will meet i
Wheeling this winter. Shall it be done
II not, why not?
OF course. in the above remarks, "
do not intend any personal reflection
For men who make no pretensions OF be
ing skilled in the law, our County Coui
does exceedingly well. The only wonde
is that they do not do worse.