The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-04-13

ACKNOWLEDGEMENTS sussiSe
system, a. cow prsctieed under the gMs
Of the law, Is fraud; swindle on the
public, and an evil which should
At once be gotten rid OF. we say
a fraud and swindle, because
we mean it, and we expect hereafter
now that we call attention to the nstter,
that either the Board OF Commissioners
or the Prosecuting Attorney Will take
hold of the matter and forever after put
q stop to the violations OF law tnat are
now being practiced BY Justices IN Onio
county, otherwise they are direlict OF duty,
and should themselves be brought to
strict account for such direliction. Our
language is plain, and 1t is not
our province to give utterance
10 insinuations, unless supported
by facts which cannot be gaiDssyed. we
will substantiate our position oy reier.
ence to the law ere we give the SUBJECT
a final farewell. But few days since
we exposed to the public gaze through
the columns OF the REGISTER an &C.
count of the misconduct OF Justice
Pbilllps IN direct violation Of the law, 70
which the attention of the Prosecuting
/ Attorney and Board of Commissioners Is
respectfully called, and now we propose,
in addition to the fraud already
presented to their notice, to snow
wherein the Board of Commissioners or
Prosecuting Attorney, or whatsoever hatp
the authority to investigate the matter
have been direlict of duty. In the trst
Mace. elective consta5les are required TO
give bond In the sum of $4,000 for
faithful performance of duty, and con-
stables appointed by the Board OF Com
missioners are required to give oono IN
the SUM of $1,000 for similar service;
Now that these men may reap the full
benefit of their calling, and be
held personally responsible through
their bondsmen for misdemeanors IN
Office, section 7, chapter rs Of the acts
OF 1928 distinctly states that Justices oil
of the peace shall collect no monies, etc ,
or, in other words, the bonded constsbles
shall collect all moneys and their sureties
shall be responsible for their acts. Again,
section los, chapter 226, OF the acts OF
1928 distinctly state that all fines which
q crue to the State, collected or paid In
any proceeding under this act before a
Justice, shall immediately be paid by the
constable receiving the same to the
sheriff of the county, aud for failure TO
do so, such constable is liable to fine
of twenty dollars for every such failure
to SO act in accordance with the law.
This sam, section, chapter and
act also defines distinctly that annual re-
turns shall be made by Justices to the
Sheriff OF all fines collected, and by con.
stables to the Board of Commissioners of
all fines collected. The law further goes
on TO define, MS will be- found by refer
ence to sections and 6, chapter 226 OF
the acts of 1928, in relation to special
constables, according to the construction
placed thereon by persons well versed
therein, that 10 special constable
shall serve process wherein
money IS involved unless the
Justice himself be party Interested, snd
with the cons ent of all parties concerned.
Now that we have quoted the law,
we 60 further into the details OF
the subject, and explain the cause of our
arraign ment of the justices. First, 1t Is q
we'll known tact that the justices in this
| CITY collect moneys themselves, when
such collections should be made by con-
stables, who are under bond for faithful
performance OF such duty. Second, That
at no time, if our Information be correct,
| and ,De hare 1t from an undenta6ty rsttd6te
source that ii is, hare the justices and con.
stables made such annual returns accord
ina to ta,o, and that each and every one
who have so failed, are liable to fine Of
t,oentv dollars for each and every such
| ofense. Third, that bonded constables
whose sureties are responsible for their
acts, are swindled out or their Just earn
ings by certain justices, whose habit 1t is
to appoint special constables to serve pro-
cesses where money is inyolved-special
conslables who are in no wise re-
sponsible for the money which passes
through their hands, and are
utterly irresponsible parties-in direct
violation, and in conflict with the spirit
of the law which they are supposed to so
Justly mete out to the public. The above
are only few Of the points which can
be uncovered and shown up in the most
hideous aspect, SO far as the manner OF
the legal procedure of Justices is con-
cerned, many OF whom are as ignorant OF
the law (allow us the expression as a
hoq is of Latin, and have been know -
take cases and rob the people by
unjust decisions in favor of the
plaintiff (the Justices themselves IN
some cases: being plaintiffs, or their
constables, which amounts to the same
thing) IN order to make costs. The poo
pile, especially the poorer classes-the
classes who earn their living by the
sweat of their brow-cannot afford this
luxury of being robbed, and it is in their
behalf that we speak, that the horde OF
"cost seeking" justices may be weeded
out of the ranks of those who are suppos-
ed to administer justice to the rich and
poor alike. But the evil does not stop
here, the irresponsible crowds OF
hangers on who lounge and loaf about
Justices offices awaiting a chance to lille
gslly earn few dollars by being appointed
special constsbles, are placed on the same
footing with those who give bond for the
privilege of serving the people IN that
capacity, and are responsible for their
acts, in a financial sense OF the word.
This is not all; no, not one-hslt the
lndignities that are heaped on the office
of Justice of the peace, as We will further
elucidate, in closing this item OF facts re-
gsrding the justice system, with the fol-
lowing epistle, addressed to an alleged
woman OF the town, and we insist, nay de-
msnd, in the name of common decency,
that the Board of Commissioners look
well TO its duty:
Miss Jennie Allison:
You will please pay -- for my
legal services In the case of Sarah Giles
py VS.. Jennie Allison. Any arrangement
you may make Nth him ,citi be satistae-
tory. w. PHILLIPS.
$500.
The blank in the above is filled in the
original, and the italics are our own.
Otherwise the note is fac s,m,lc of the
81