The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-12-09
WEST VIRGINIA SUPREME COURT.
Their Decisions Considered Altogether
Too Attsnuated
A Democratic Editor Pronounces the Style
"Thin, Dltfuse and Watery."


in comparison with 9TH Otto or o5 UniteC
States reports, and We have chosen thi
report for the comparison because 1t is tn
last published OF the Supreme Court re
ports, and especially because We feel sur
that our judges, learned and able as they
/ are known to be, cannot feel injured ant
will not complain at the selections OF th'
work OF the highest tribunal known 10 thu
law, the Court OF the last resort In th'
Union. Now, the cases determined in The
United States Supreme Court are, We as
sumo, quite as difficult and important as
any our Cour. is called upon TO decide
aud We are prepared 70 believe, both from
the reputation OF the Court and IRON the
evidence afforded by the reports them
selves, that they are the subjects OF earnest
study and discussion and such patient In
yestigation as are, we fear, wholly unknon
in our Court OF Appeals. $3.50
As the result OF our examination, we
find that 9th Otto, representing the work
OF about one-half OF term or three and a
half months, contains $3.50 pages and l25
reported cases--and great many OF these
pages are filled with the arguments oil
counsel and concurrent and dissenting
opinions, in addition 10 the opinions Of
the Court. While 18th West Virginia
representing the work Of three terms OF
four and third months, contains VIZ
pages and only AZ cases-and hero arc
found no arguments OF counsel, nothing
but lists OF authorities cited, no dissent
and never but one opinion. The whole
space is filed with fearful and wonderful
syllabi, with elaborate statements Of the
cases, giving often all the pleadings, ex'
hibits and dispositions in eIte'lAo, and the
opinions prepared by the Court. So
that, all things considered, We may safely
say that the opinions Of our Court are,
upon IN average, at least five times as long
as the opinions OF the Supreme Court.
Again, We find that the index to 1lth
West Virginia land a worse one we never
saw,. covers 100 pages, printed close in
very small type, and the index to 18th Otto
in larger, clearer, better type, and IN every
respect greatly better index, covers only
SO pages. And, while it may be true that
the reporter is primarily responsible tot
this, still he is under the control OF the
Court, which should see that his work is
better done.
In 5th Otto we find eleven cases, or about
one.eleyenth OF the whole number report
ed. In which two or three Judges dissent.
ed from the opinion OF the Court, and
wrote out dissenting opinions. In Nth
West Virginia, we fail to find single case
not decided by unanimous Court, and
while such unanimity may show how
sweet and pleasant it is for brethren to
dwell together in harmony, such dissent
at least argues well for the Independent
thought and the individual examination
OF each Of the Judges in every case. But
To speak seriously and plainly, this unpre'
cedented concurrence OF four minds on SC
many questions has created with lawyers
q widespread, and, so far as we have
heard. a universal belief whether true OF
false) that each case is in fact decided BY
only one Judge-that the work is distri
buted or parcelled out, each memser o.
the Court deciding the cases allotted L
him. the others concurring both in hi.
reasoning and conclusions by sort O
judicial comfy. II this be true 1t is Ger
tainly very wrong; II not true, II will be
fortunate thing II the bar can be assured
OF it.
Again, we think it most unfortunate
practice in our Court to sit day after day
Tor several hours, during an entire term
protesting to listen to oral arguments, bu
taking as little interest IN what is said a
the tip.statf and crier, and apparently be
| ing as much bored as these worthy officer
chi, ever be-noting no points made, NJ
authorities cited, and postponlng the de
cision OF all cases to the end Of the term
when, II they recollect at all anything
aboutthe cases argued, il can only be aeon
fused tumble OF some thirty or forty cases
and when, in fact, they must necessarily
be ignorant OF all that was said, and which
vas not even heard in the saying, that Il
not repeated ina printed brief.
II would certainly be much better II thu
Court would keep up with its work ant
mot waste, as II does, the term ut which
causes are argued, but decide some case
nm certain days In every week, just Us tn,
Court OF appeals OF Virginia did when
mad ono OF it's terms in this klace, and q
wa suppose it still continues to do
Were this practice adopted, We probabl!
would moi hear OF mistakes as TO the fact
or misconceptions OF the points relied up
on; or, ii such mistakes were still MADE
the lawyers would have an opportunity
as they do not have under the presen
practice, to bring them to the attention 0
the Court and have the requisite correc
tons made. $500,
We might cite cases where Just sucl
mistakes have led to erroneous decisions
so plainly and manitestly so that there ca
be no dispute about It; We might speak Q
acme strange and startling proposition
that our Court has announced as law; an
We might comment upon the singula
style, certainly not Addlsonian, the thin
ditfuse, watery language in which tn
opinions of the Court arc often given
stvle which would seem to have beef
adopted, as Talleyrand says language va
intended, 10 conceal and not TO expires
ideas-but we have said enough for II
present. These matters may be the sui
iect OF another article.