The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1878-08-24
Tho County Courts.

Tho Wheeling Register Of July Slst
contains an article on this subject which
is TOO long to- be transferred TO our col.
umns. 1t, is too important, however,
to DO pissed by without notice. Tho
position Of tho Independent upon tho
question discussed has boon plain aud
pronounced. we have >aoTsr sympa-
thizcd with tho supposed pOpulaF.profor-
once for these anomalous. tribunals, and
tayo opposed them with earnest energy
upon every, proper occasion.
We src,f.cc to confess that, in orr
Judgment, tho only remedy was an
amendment to the constitution abroga-
ting tho County Court system; aud
while urging this, We havc bcon CON-
PEELED to doubt whether 1t would be
adopted by the people. This doubt was
no! based upon any apprehension that
tho public sentiment vas not wholly
adverse to tho continuance of thcso
courts with their unlimited powers; but
We recognized the organized influences
which would cndeayor to pcrpctuato
them.
But tho article 10 the Register sug-
gcst q new and it seems to us-con'
elusive view upon tho subject. It's
that under tho Constitution, as already
interpreted by tho Court of Appeals,
the Legislature has full power to limit
tho jurisdiction Of the County Courts,
and. BY statute, effect all tho reform
which We supposed nothing but Con-
stitutioual amendment could accomplish.
Having no doubt Of this, it is impor-
tant that every candidate for tho Leg
islaturc should DO required to state,
without any reserve, his position on
this question. In this county, We arc
sure, public opinion is decided aud i'm
pcrativc. Tho Jurisdiction Of tho Coun-
ty Courts ought to be limited, and they
ought to bc relieved from tho pcrfOt-
nance Of. duties, which in tho very na-
Iuro of things, they aro incompetent to
discharge. We have bad an opportu.
nifty to confer with the author Of tie
article referred to, and wc understand
his plan is to provide, by statute, for
tho folloHing changes:
/. Let tho jurirdiction Of the county
courts over misdeaeuuor cases be re-
tained' All spch offences should DO
promptly passed apoa by Grand Juries,
and speedily tried.
2 The probate Jurisdiction Of these
courts is conyenient, and should not DO
disturbed.
8. Let grand JURORS in the county
courts iudiat in felony cases-the pa
pers to DO transmitted TO tho circuit
and tho accused recognized or
remandcd for trial.
4. Appellate jurisdiction, Us now
provided 10 try, dc Horo, appeals from
should be continued.
S. County courts should bavs julis-
dic.ionin all uncontcsted actions Of debts
und ussumpsit for the collection ofmon-
ey; but should have no power to try Is
sues when there is u real defence.
6. Whenever defendant iu such &C.
tions pleads, hc should be required 10
verify bis defence by affidavit; and
when such affidavit is fled tho county
court should have no further jurisdic.
tion Of the case, except to ccrtifyis to,
tho Circuit Court for trial.
I. AlljurisdiO,iOn oyer suits in equity
in n.ane1amus, prohibition quo l'arranto
aud habeas corpus, should be taken
away.
1t strikes US that these reforms aro
prOpcr-that they can DO effected by
statute, aad therefore Ec ask that the
subject be made q matter Of prominence
in tho Legislative canyassin every conn.,
ty 10 the State.
OF course, the precise details Of tho
statute We refer to can best be worked
out III the Legislature but We suggest
that tho member Of that body be stim-
uluted by the expression Of the popular
will upon this important subject.
The press Of tho State has duty to
perform in this matter which wc hope
it will not neglect. .MtntMsd"ry hide.
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