The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-12-11

Inns Criticised.
EdiIGr IntslhEenoer.
The article copied in your paper from
the Greenbrier Endfpendent, being a criti'
cism upon our Supreme Court, is by no
means fair one. Such an article is to be
deprecated, not becauseit can or will affect
the gentlemen who compose the Court in
the discharge OF their duties, for in their
position they are deaf alike to the sound
of praise or censure. 1t would not be in
good taste for them to reply to such crit
icism, but while this is so the people
whom they serve have an interest in the
matter, and it is their duty, as it is their
right, to know, when the source OF public
Justice is arraigned whether the charges
are tenable. The writer Of that article is
quite well acquainted with the Judges of
our snpreme Court, and is fully convinced
that the highest ambition ofeach OF them
is to attain to correct judgments upon the
points raised in the cases brought before
them. As 10 their learning and ability
the volumes OF their decisions will bear
witness long after the articles that malign
them have persisted from the minds otmen.
We think that the article referred TO
deals in general charges without founda.
ton. Il may be true that the mechanical
execution OF the West Virginia reports In
regard to printing, &c, Is not equal to the
United States reports, but Il is such as the
State provides, and the Court is notrespon-
Sible. lis unfair to reproach the Court
with the length Of their opinions, and at
the same time accuse them OF want Of in
dustry. Well stated cases and well rea-
soned opinions are, as is well known, by
far the most valuable as presidents, and
as a necessity they must be stated at
length.
Our Court Is obliged to decide every
point raised in the record, whether they
Be necessary TO the decision Of the case or
not. Not so with the United States Court,
This is not the fault OF our Court, and can
be remedied by legislation.
II is certainly surprise 10 see 1t alleged
as a notorious thing that the Judges OF the
United States Court dissent from each 9th
or and write dissentient opinions. Law,
We think, Is tolerably exact science, and
Judges will rarely differ II they will take
the trouble to thoroughly examine and
weigh the point at issue. To dissent may
be fopnd an indolent way to get nd Of o
case without thought and research, and
save the case from having the weight Of
authority.
! The charge, or rather insinuation, that
the cases are allotted (but one Judge exam
lining and the rest concurring, by sort
OF judicial comlty) is not by any means
true, and such q charge ought not to be
made without being accompanied by some
evidence. Asto the oral argument matter,
il is perhaps to be regretted that there are
a few lawyers who still desire TO advertise
in that way, and who estimate the impor-
lance OF their speeches by the length and
amount OF noise made. II Is very diff
cult for the Court TO note points not made,
and we should think more difficult still for
the Court to give respectful attention to q
noisy trade, (such rs is usually present
ed) in Court where the rule is that the
points made in argument and the authori-
ties relied on shall be written or printed
and filed in the cause.
The Court Is urged TO keep up with the
work and is referred to the Virginia Court
for an example OF industry and prompt
ness. This is unfortunate; reference TO
the reports OF that Court and compare
son with the reported cases in our Court
shows that the cases are far more speedily
determined in the latter. We have many
cases reported where the opinions were
announced within year after the decree
in the Court below, and on intricate
points arising on yoluminous records, !
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three to four years back with the work,
and We are credibly informed that they
remain so to this day.
As TO the erroneous decisions referred
TO, let them be pointed out. The presump-
ton Is In favor Of the opinions OF the Court,
and errors should be specifically pointed
out, together with the evidence OF error,
It is unjust to make the charge without
full proof.
II the Court is incompetent, let US apply
the remedy, but give us specific charges,
and worthy proofs. On such test we
have no fears for the Court. We do not
claim for it infallibility NOR docs the Court
assume that position, but We do know the
lItdSpe1ldent is mistaken when 1t supposeS
that there is a growing distrust OF the
Court. When the Court was first organ
lied, some unjust criticisms OF politicians,
and some stupid prophesies were made un-
favorable TO it, now, however, whatever
illusions had been created by such persons
have been removed, and there Is instead,
a strongly marked and increasing conf
dence reposed in the Court. The patient
and very able manner in which they have
discharged their duties, the manifest fair
ness and exemption from the influences OF
either wealth or political ties, has brought
them the respect and confidence OF the
people OF this State. The arduous duties
they have TO perform have been increased
by the eternal change and innovations of
the Legislature. The rules OF evidence
have been changed and relaxed. 4 new
Constitution and carelessly drawn Statutes
must be construed. Besides the tendency
OF the times is to litigate to the last, every
question capable ofhelng brought up TO the
Supreme Court, and such Is this tendency,
that il will be found that but few Circuits
are as near up with their work as Is the
Supreme Court. II We could make some
laws that We could understand and be
satisfied with, we would not have so much
for our Courts to do.
Besides, the bar is doing far more TO
bring public justice into reproach
and contempt by their intensely windy
and protracted speeches upon met
aphysical, irrelevant and sometimes alb
surd questions raised at almost every step
taken in the trial Of causes in the circuits.
These points must all 90 into the record
all be revised by the Supreme Court, and
each decided. All the speeches must
be made over again, and the Court must
listen or somebody Is insulted and must
resent the insult through the newspapers.
The Court is not responsible for all the
ills we bear by any means. Besides, some
lawyers have the habit Of blaming every
disaster or delay on the Court, and In this
way excusing themselves to clients whose
business they have neglected. Or, il the
case was at all presented It was about as
hard to understand as an act OF the Legis-
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