Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-16
THE COUNTY COURTS.
The Cancer which Is Preying up
ON the Vitals Of the State--The
Reform Legislature Expected
to Apply the Knife and Re-
move the Sore.

has such Il complex Judicial system as
West Virginia, or one which has proved
30 wholly unsatisfactory, and 90 conf
pletely iaisl to meet the ends for which
it was instituted. Its incompetency Is
so manifest that the West Virginia ju-
dietary has ecome by-word among the
legal fraternity OF the country. There
are grave wrongs and sore defects in
this department which must be eradi-
icated before the body polite can be
made sound. The judicial department
OF a government is the heart OF the
body, and there can be no health in any
form of government 80 long as the vital
organ is diseased. The consideration Of
the reforms necessary in this branch of
the State government will be one nj the
most Important, ii not me important
question before the Legislature.
The principal complaint among the
people il because of the inetiiciency OF
the County Courts. The whole County
Court system, even il it has been mcri-
torious, is rendered ridiculous by its
lack OF uniformity. When anything il
open To ridiculc there is no use talkin.
about investing it with majesty, digni-
~ or sanctity, thres very essential ele-
menis in a Judicial system. But If the
system possessed tho merit ol uniiormi.
", vet il is ridiculous to attempt Ia
clothe ordinary men, wholly without
experience or learning in the law, with
the highest judicial powers. In addl-
tiou TO the folly OF such all attempt the
result of doing 50 is to lower the stand
ard OF the entire Judiciary. When the
County Courts are granted coordinate
jurisdiction with the Circuit Courts
the effect is to lessen public in
tercst in the kind Of material that
the Circuit judges art composed OF, and
No the d.moralizing influence extends
on up to the highest court oi the State.
The result is that the judges are often
"A inefficient as the system itself. There
are two reasons ior the present reiicu-
lous Judiciary arrangement, ~ found IN
our Constitution. One il the result OF
the presence OF old iogyism i'll the
constitutional convention, that kind oi
ingyism fresh from the barren fields ut
the Old Dominion, which Was so mar
row and bigoted that 10 good could be
seen in anything outside oi the old paths
which it had trodden for two genera
tons, and with prejudices SO blinded
that merit was not acknowledged II seen
in anything that squinted at progress.
The influence OF this old fogyism last
ened the County Court system upon the
State, which, like y vampire, has fed ON
its vitals.
The second cause is in the tact that
such large number OF the members Of
the convention were legal gentlemen,
looking forward to seats on the bench,
that in their eagcrness IL further lndi-
vilual promotion, they overlooked the
general good and consented 10 all sorts
ut ridiculous Inconsistencies 10 secure
warm places for themselves. These ara
unpleasant facts to recall, still they are
facts. and must be looked At.
Whatever the cause, We have the sys-
TEN in force, and in the language of
New York's boss man, What are We
going 10 do about it?' 1t WOULD Seem
from the amount OF work chopped out
for the next Legislature that II has been
elected ~ a Reform Legislature and Is
expected 10 purge not only the statutes,
but also the constitution ot all obnofl-
Gus features. Ii such he the case, then
let the knife be applied first 10 this, the
most obnoxious. H. il is the most deadly
feature OF all. Let the Judicial ioun-
taius emit pure waters and the whole
stream will be uitaintcd. II pop
ular sentiment can he ar
rived AT by the result oi the
recent elections the precise care with
which the people tailed 10 elect
any OF the old iugy candidates TO the
legislature is a pretty sure index that
thcy want the Reform Legislature TO
eliminate every vcstige OF old iogyism
from the laws. Let the will OF the
people be obeved.
But what is to he adopted instead?
This il the most preplcNing question.
cannot see that much Improvement
can he made on the system ~ 1t WAS
euyrafted on the Constitution OF 1868.
let the Circuit Courts and Court OF
Appeals have sole jurisdiction ol all
questions OF law and equity. except
limited amounts awarded 10 justices. and
then establish county boards ior police
and fiscal purposes erclus'cely. II the
people Of the State are prejuiiced against
a name, let them be called county com
missioners, or what YOU please, 60 that
they perform the same duties that the
old supervisors did. At all events let us
get nd OF the presen, system oi County
Courts and not vast. time in trying 10
doctor it. 'iTIzE>.