Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-07

probably he q stringent 4uarantillS law
Governor HARRIS, of Tennessee, Is
Chairman of the Senate Committee,
which Is mainly composed oI Southern
Senators.
A CASE SHOWING THE IMPORT
ANCEOF MORE SPECIFIC LEG1S-
LATION.
The Court OF Appeals has lately rem
dered an interesting decision in 4 case,
which diScloscs another instance OF the
looseness OF our statutory laws, and
suggests the Importance OF more specific
legislation upon one question at issue.
The case is that of the State vs.. SARAH
J. WILLIAMS on an indictment Tor the
murder of JENNA GREEN, tried III the
Circuit Court of Braxton county, and IN
which the jury rendered verdict Of
guilty of murder in the first degree.
The motion for new trial was over
ruled hy the Circuit Court, and the case
Games up to the Court of Appeals on a
hill OF exceptions on behalf OF the de
fence, raising u number OF questions
which have severally been passed ON by
the latter Court, but only one OF which
We desire to notice.
The trial of the case in the Circuit
Court, in which the verdict Was found
against the defendant as above stated,
was had at Especial term" called by
the Judge of that Court. But the regu-
lar Judge failed to attend. In case OF
the failure of the Judge to attend upon
general term of the Circuit Court, the
statute provides that the members OF
the har may elect from among their own
number q special Judge to preside dur
ing the term, with like powers and CIV
ing the same validity to the proceedings
of the court as ii presided over by the
regular judge.
Acting in strict conformity with the
statute referred To, the Braxton bar did
elect in this instance special Judge,
who presided at the special term ap-
pointed for the hearing of the case in
question, and at which the trial was had
and the verdict rendered M above stated.
One OF the points raised by the de-
fence ON appeal is the constitutionality
of the act which provides for such cleo
ton of special judge, Upon one
branch Of this question the Court nj APP
peals are unanimous in the opinion t. at
1.-THE act of the Legislature, chap. 100,
Acts 1928, which provides Tor electing
special Judge by the members OF the
bar to hold the general term of Circuit
Court, where from any cause the judge
fails to appear, or ii present, cannot pra-
side, is Constitutional"
But upon another point arising in the
same connection-an il is the point to
which We refer-the court failed to agree
This question refers more particularly
to the meaning OF the act itself, which
authorizes the election OF special judge,
and is thus stated in the opinion of the
Court: Whether that act authorizes
tie election by the members OF the bar
of u special Judge TO hold special term
Of said court, when the judge having
called the special term fails to attend
and il So, whether such act as applies to
a special term is constitutional or not
the court is equally divided"
Upon all the points passed upon ex
cepting the constitutional question, the
court was unit, but upon that they
divide, Judges Johnson and Greene
filing dissenting opinion upon thi:
point alone. The case was reversed on
the ground that the verdict was no,
warranted by the evidence. The action
of the Court on the act of 1928, does
not establish precedent, but it does
leave the meaning and effect of the act
in that uncertain state, as virtually tc
render it imperative and too hazardous
to justify any Court in acting upon j,
while its intent is so obscure, or its
validity under the constitution SO ques
tionable as that the Court OF Appeal.
cannot determine it.
II the act is of any importance, and
IL is certainly 80 regarded, the neHl
Legislature should make it sufficiently
specific to be useful. As we understand
the opinion of the Court, the difficulty
is not with the meaning, or perhaps the
constitutionality of the provision when
applied to the election of a special judge
for general term, but in electinga spe
cial judge for special term. It's doubt
less more frequently the case that q
ypecial Judge is needed for special
than regular term, and the benefits Of
n