Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-23

And We repeat, that all the complaints
that We have seen against the Nounly-
Court system are the palpable outgrowt'
ofnot. showing what the system pro
yides; and all the suggestions in the
way OF change, invariably propose some
thing already provided for,
The TACT is that the Constitution CON-
passes every plan Tor County Court
that has ever been devised, OF ut least,
put III practical operation in this r"''n'
try.
All the courts We have ever known or
heard Of were presided over by one on
more Judges or Justices, The sole
difference between them il in the mum
her or character OF the men callei I"
preside, II there IN any other kind OF
an animal than u Judge ~ Justice, ever
been elevated to the position, or can 10
suggested IN this State, W. might have
new experiment. hut until then,
what change can he made
The sole trouble with the County
Courts, as We see II, grows out oil the
peculiar character OF our States. Tho
difficulty in in providing one uniform
system for all the counties, where
there IL such difference In
the population, and In thecharscter and
amount Of business \ system that
would suit Ohio county with IL large
population and diverse business inter
ests, would not suit Tucker county,
with It's thinly settled territory aud
limited business.
These difficulties were suggested ami
canyassed by the Convention which
framed the Constitution. The C"nvcn'
ton was divided into two factions on the
County Court question. The one Wa
made up generally oi old fossils VIII"
represented the old iogy element ol the
State, aud who clamorcd for an old fash
Toned court ~ Justices oi the Peace, A.
though 1t were q sine q'a ''on to the en-
joyment Of life, liberty and the pursuit
oihappiness.
They had never known anything else
and the crust was too thick IN inject
any other idea into them. They wcr'
not even satisfied With the measure ri
Justice O which the oll.iime trio o
"jackass and two mules, wer
accustomed Ia dispense from the bench
but that being good thing they wanted
more of il. They succeeded IN eStab
fishing the presidcs ''corn cob 'onvcn
ton" that now present when there n
room for id uu the bench throughout
most III the counties. And they ais,
succeeded in giving il precedence IN tn,
dual plan that the Constitution pro
yides.
The other division "l the convention
comprised the more entrrprs'ng ami IN
tclligcnt class Of the delegates, AMI they
advocated the adoption ri plan which
provided u single Judge Tor tho County
Courts, ~ less expensive, more etliri
ent, less cumbersome, and IN every re-
spect more satisfactory than the anti
qnated machinery ri the old justices
| Court.
JAMES :. WuEAr, oi Ohio county, and
at that time one III the ablest lawyers
in the State, constructed plan which
| Incorporated the views al the delegates
| who advocated the single Judge system
but the "moss backs" We're implacnblC
IN their opposition, and haNingthennm'
hers io vote il down, nothing was lei
hut 10 compromise by incorporating i
dual plan in the Constitution one hI
rrsurrectinp the ghost ot the old Jus
tees Court, and the other for II singl,
judge. The latter nov exists IN th'
Constitution w. IN alternative plan, II
about the original shape proposed hN
Mr.. Wur,r, and reads ~ follows;
Art. =, Sec. ~. Tho Legislature shall
upon the application al any county, ~
form, modify, or alter the County Cour
established by this Constitution, IN sucl
county. and in lieu thereof with the n
sent ui majority III the voters al s,,i,
county, voting ut any election hcld 1"
| that purpose, create another court, al
other tribunals, as we'll f"r judicial u
Tor police and fiscal purposes, either sop
arato az combined, which shall conform
! tu the wishes al the county making th,
application, hut with the same puwo'
and jurisdiction herein conferred upon
the county court, AMI with compensa
ton To- bc made from the county treas
| ury.
II two or more adjoining Countlr'
shall prefer Ia unite in the election ul I
| Judge Ia hold County Court, in their
respective counties, they shall, with ia,
assent oi majority at the voters I"
each II said counties, hc authorized fur
| all the purposes al Judicial organization
| To 10 so In the manner, and upon tn,
terms al,nye set forth PrUriioi, Tha
the courts so created shall, in their prr
visions, be made to conform Ia the pol
icy II the State, ~ prescribed in thl'
/ Constitution.
We have only Ia conhmcnd the peru
sal oi this provision al our county Cour'
system tn the host oi complainers who
seem never tn have read il and Ia sug
gest further, that those counties thai