Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-10-28
Costs of Litigation.
PHILIPAI, w. VA, Oct. %.
Correspondence OF the Register.


Correspoudence of the Register.
When the REGISTER, in its leader OF
the Dist inst, in reply to my commune
cation in the same issue, says that
take issue with it in the statement that
Gin the trial of the smallest case over
which the Circuit Courts have Jurlsdlc--
ton. the costs would amount to S23 10"
il iesuitically misrepresents me. What |
said was that "both the REGISTER and
TYLER County Star are mjSuJOrnled as to
the costs attending a suit in the Circuit
Court" and that it was not true, as
stated in the REGISTER that ''tte cost Of
litigation az the Circuit Courts amounts to a
rirtlial denial Of justice" Both OF these
propositions / made manifest by taxing
the costs in a case at law and in equity
where no defense was made, which |
insist is the only case which it is adorable
TO take, in demonstrating the claim OF
the plaintiff, for if it be conceded that
case may be cited where even an appear
ance is entered by the defendant, the
door is then open for the accumulation
OF costs almost adj intiRitltm. Even the
case cited by the REGISTER in support OF
its own proposition, that sin an action
upon mere prOmissory note Tor
SO where plea Is filed, and
but single witness examined, and
which does not require an hour to try,
and in which the jury finds verdict
without leaving their seats, the
costs amount TO S23.75." Even
the costs in this case are not
carrecty taxed, for not only are the
plaintiff and the defendant costs taxed
together TO hide the discrimination be-
tween the necessary and the imposed
costs accruing solely on account OF the
resistance bv the defendant of just de-
mand, but docket fee OF SO is charged
bv the grace of the Court, which every
body knows is extravaganza by One-half,
and 90 cents writ tax is charged also,
which everybody knows was abolished
bv the act of the Legisla-
ture passed February q, 1877,
amending and re-enacting chapter 80
of the Code. Section of chapter 80 OF
the Code, imposing the tax OF 90 cents
on every suit commenced in the Circuit
Court, was omitted in the act above
mentioned, which amended and re-en-
acted chapter SO Of the Code. But as
cending from particulars to generalities,
the proposition which the REGISTER has
set about TO prove, viz, ''that the costs
of litigation in the Circuit Court
amount 10 a virtual denial OF justice"
we repeat, is not susceptible of proof,
neither Is it true rs asserted originally
by the REGISTER, that considering
the uncertainty OF the YER
diet of the average jury
no prudent man would subject himself
t. the risk OF paying $3.50 costs in a
case involving a small sum, but would
prefer TO lose his claim, however Just and
equitable his case might be"
While We appreciate these efforts OF
the REGISTER to foreStall public opinion
i'm favor of the "new amendment" We
cannot but feel that in attempting to de-
preciate the accumulated wisdom ofcen-
turtles in devising the present efficiency
OF our judiciary system and to destroy
the time-honored and thoroughly
tested mode OF "trial by jury" it has
undertaken a work which this
life is to brief to accomplish,
and which must inevitably
end in again illustrating the adage, pr
fi,risuf HlOHics HdScttUr redjCUiJS mus,
Inasmuch as the taxation OF costs by
the REGISTER has been "impeaChed'
both by the Flaw and practice" in the
above, it will be good enough to
promptly explain it away, admit itself
i'm error" or at least give space third
time to amatter yot yet made perfectly
clear" Phil.