The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1878-12-14
A Case Showing the Importance of
Murc SpeciAc Legislation:

ucFGu uH Interesting ASVtsISu uka w "
which discloses another instance otthc
loOseucss Of our statutory laws, and
suggested the importance q more
specific Legislation upon QUO question
at ISSUE.
Tic case is that Of sho State Va.
Sarah ]. Williams on an indictment
for tic murder Of Jomimai dreen, ttiel
il the Circuit Court Of lsraxtoa county,
aud 10 which tho jury rendered a
verdict Of guilty Of mutlsr InsthsI first
dagrcc. The motion for q ineTittialwas
Oycr.ruled BY the Circuis Court, aud
the case comes up to the Court q Az
peals on a bill Of exceptions On behalf
Of the defense. raising q number Of
questions which have seyarally bsca
passed on by tue latter Court, but only
one Of which 80 desire to5nOtise.
The trial Of tho case ID die Circuit
Court in which the verdict was fouud
against the defendant asSaboye stated,
wps bad at special term called BY
tho. Judge of that Court: But tho
regular Judge failed TO attend. Ia
caso Of the failure Of tho Judgeto at
tend upon q gcucral term oft4e. Circuit
Court, the statute provides that the
members Of tho bar may elect from
amoug their own humber a speeial
judge to preside during theltsrm with
like powers aud giving thelsaae valid.
ity to tho proceedings Of tho court as
If presided over by hcgregular judge.
Acting IN strio, conformity with tho
statute referred to. the Bfaxton bar
did elect in this instance q special
judge, who presided at tie special
term appointed for shs hearing Of the
case in question. and lat which tho
trial was had aud tho verdict rendered
as abovr stated.
One Of tue points raised By yEthes de-
fence on appeal Is !ho= c0nstiiatiOpality v
Of tho act which provides /. iorlsaeh eloe.z
ton Of spccial:jQdge@ upOnEono'5= :
branch of this question =thezC Court Of
Appeals arc unanimous ia III e opinion
that "rho act Of tho Legislature, chap
ter 10. Acts 1873, which provides
Tor elcc,iDg special judge BY tho
nOmbcrs Of tho bar to hold tho general
tcrm Of a Circuit Court, where from uny
cause the judge faiIs to appear, or ii
present. canuOt preside, is COnstisu'
tiolal."
But Upon another pOiut arising in
the same connection -und il is tho
pOiut to which ws Fofcr--thC court
fuilCd to ngruo. This question refers
moro particularly to tho meaning Of
the act itscIt. whish authorizes the clec-
tion OF IL speciul judge, aud is thus
stated in the opiuion Of tue Court:
"y'hether ,Lat aCt authorizes the cleo.
tlon by the members Of tho bar, Of
special judge 10 hold special term Of
suid court. when tho judge having
callol tho special term fails to attend;
and il so, whc'hcr such net as uppIics
special term Is constitutional or not,
tue court is equally divided"
Upon all tho points passed upon ex.
ccptiug tho constitutional question, the
court was unit, but upon that they
divide, Judges johnson aud Green FL
lug dissenting opinion upon this
point alone. The case was reversed on
the ground that tho verdict was not
warranted BY the evidence. The action
Of tho Court on tho act Of 1878, does
aut establish precedent, but it docs
leave tho meaning and effect Of the
not in that uncertain state, as virtually
to render it imperative and too has-
arlous to justify my Court in acting
upon i, while its intcutis 90 obscure,
or its validity under the constitution 50
questionable as that tho Court Of
Appeals cannot determine it.
II tho act is Of any Importance, and
it is certainly so regarded, tue next
Legislature should mako it sufficiently
specific to b. useful. As We uuler.
stand the O2ilIon OF tho COrFt, Tue dlt-
ElcuI'y is not with the meaning, or per.
haps tho cOnstitutiouality Of tho pro.
vision when applied to the election ola
speciul judge for genera! term, but in
olco'iug special judge for .pecia'
tcrm. 1t is doubtless more frequently
the case that a special judges needed
for special than q regular tern, and
tho benefits OF tho act, il thus limited,
arO very rnuOh abridged: :- Register.