Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-07-09
AoUEsr1oN ANSWERED.

Courts cheap and economicai 10 the hti-
giant by limiting the use Of juries, is
splendid one II it were only practical.
But how is it possible to do this when
the Constitution OF the United States Sc
cures to parties the right OF trial by jul
nv in every case involving twenty dol
lars?"
We have endeayored, more than once,
to explain in these columns how the
use of iures might be limited in the
Courts, without interfering with any
Constitutional right, and We thoughtwe
had made il entirely clear, and there IS
certainly no question OF its being en-
tirely practical. We are inclined to the
opinion that it could be accomplished
without 50 much as legislative act, IL
the Judges of our Courts were disposed
to bring it about, but it would, OF course,
be more effective ii Incorporated into
the practice OF the Courts by legislative
authority.
We recognize the fact that, in view OF
the Constitutional provision referred to,
any limitations put upon the use OF
iuries must be voluntary. But we also
maintain that custom, and not convent
ence or the preference Of parties makes
trial by jury the rule in our courts IN
stead of the exceptiOn-that IN lew, II
any, other States in the Union, are the
use of juries in the trial OF cases so COM
mon as in West Virginia; that we run
into a lavish expenditure OF money IN
this regard without thought OF eeono-
NV and as though it were a dire neces-
sity: that If parties were IN
each case directed to choose
and were advised OF their opportunity
and right to choose between involving
themselves in the expense OF a trial by
a Jury and the more economical method
of a trial by the court, there would be
fifty or seventy-five per cent. less num-
Der OF trials by jury than now; that IN
fact there would be saving to the peo-
pie of from fifty to seventy-fve dollars
out of an hundred on the present cost OF
our Judiciary system. And we hold
that no man who has confidence in the
ability and integrity OF the Judge who
presides over the Court, willever choose
a jury to try his case, unless he is seek
ing to acquire something to which he
knows he has no legal claim.
Now, therefore, in order to volunta-
nv elimination of the jury from the
Courts, we would incorporate into the
practice OF the courts substantially the
following rules:
1. That no Jury should be summoned
into Court except on demand of a party
to a pending case.
,. That every party at the time OF
instituting suit, or filing plea in de-
Tense, should enter upon the record
either demand or waiver OF jury for
the trial.
8. That prior to each term OF Court
the Clerk should prepare two dockets,
one of which should contain all the cases
in which jury had been demanded,
the other, all the cases in which jury
had been waived.
1. That upon opening the term the
Judge should take up the docket OF
cases in which no jury was required
aud complete it before any jury should
be in attendance upon the court, after
trials exclusively.
We give these four rules as the out
line or skeleton of plan that would ac-
comphsh what we claim. They would
neither abridge nor interfere with any
constitutional privilege. They would
cause a limitation in the use of juries,
and consequently reduction in the
cost OF litigation to he parties and to
the people of at least fifty per cent.
/ They would make our courts,
instead OF burden and a
burlesque, tribunals in which
parties could obtain redress without
paying more than it is worth. They
would grow in the respect and conf
/ dence OF the people, simply because
men would soon learn that it is safer
and more sensible to confide the admin
istratiOn of justice 10 one man of ability
and integrity than To twelve ignoram-
uses. Litigants would be apt scholars,
too, when they were brought to reflect
that the difference between the cost Of
Justice administered by the former and
the latter was in the ratio of one
dollar 10 the judge against twelve dol
lars To the Jury, or one dollar for justice
and twelve dollars for tumble. But
there is no constitutional difficulty in
putting the whole tax OF the jury, in
stead ui a part as now, upon the liti-
gants ii that De found necessary to get
rid OF it. The jury can be taxed out Of
existence, as other evils are, il men
should be 80 foolish Us tO stick To il.
TIE New Orleans Times says that the
south is bold enough TO tell the North
ern Democrats what it does not want.