Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-07-12

snD5lltutcuy auu ONhOaS
TO vote on a bill substituting the alter
native, or single Judge plan OF a County
Court. provided for under the,34th sec
ton of the sth Article of the Constitu-
ton. on the question as to whether such
Courts would be superseded or abolished
by the ratification of the proposed |
amendment 20 the Constitution.
In Mason county, where they vote on
such a bill in August next, they have
called out the opinion OF an attorney,
CHARLES Z. HosG, which as published
in the Point Pleasant Register, taking the
ground that in the event of the rathca-
ton by the people OF the constitutional
Amendment, the bill providing for a
County Judge in that county would tall,
and if in this county, it would OF course
fall in Marshall, Marion, Wetzel,- Pres
ton, and other counties where 1t already
exists and may be established.
Mr.. HoGG bases his argument on the
mistaken ground that ''the very object
of the proposed amendment is the
adjustment of the county court,
which owes it's existence to the article
in our Constitution to which the pres
ent amendment is proposed"
II is true that the proposed amend
ment is a substitute for the Sth
article of our present Constitution, but
at the same time, there are certain
sections of the present Sth article, that
the amendment expressly retains, and
we shall be very much surprised II the
County Courts established under the
34th section, 4. {. those courts consti-
tuted with single judge shall find 1t
necessary to surrender MISREPRESENTATION
in the event Of the adoption OF the
amendment.
Mr.. HOGG is perhaps aware, as every
body else is, that the dissatisfaction
with the County Courts, was occasioned,
not bv reason of the courts establi'hed
under the saith section OF the Sth arti-
Gle, but the objection was wholly aimed
against the County Courts presided over
by justices, and which are in contem-
plation of the constitution and the
statutes, the County Courts, proper, OF
the State, being established IN all the
counties with one exception by the
constitution itself. In other words,
they were the first choice OF the Constl-
tutional Convention, and the option was
given TO any county to reform, modify
or alter" them, and elect judge to hold
such courts.
II is also an established fact, as will
appear by the journals OF the Leglsla-
ture, that the original form OF the
amendment as reported by the commit
tee to the Legislature, expressly re-
tanned the County Courts that had been
formed, or might hereafter be consti-
tuted under the 34th section OF the Sth
article of the Constitution OF 1872.
There was no objection urged against
the courts so constituted from any
/ source.
The following is the full text OF the
10Th section of the proposed amend
ment as originally reported to the Leg
islature, and which, in fact, passed the
Senate. 1t will be found on page 221 OF
the Senate journal:
IN Sny G0uaIRy lhGG6irb,66traGsd city, t5 6%h
or village, with the right Of appeal to
the Circuit Court, subject to such limi-
tatiOns as may be prescribed by law;
and all courts OF limited jurisdiction
| heretofore established in any county,
incorporated city, town or village, shall
remain rs at present constituted until
otherwise provided by law. Such courts
as have been heretofore established by
the Legislature under and 10y virtue of
/ the 34th section OF the Sth article of the
/ Constitution oi 1872, shall remain and
/ continue as at present constituted, until
otherwise provided by law.
When the above section came to be
acted upon in the House, however, an
objection was madc to il principally on
the part OF the Ohio county delegation,
for the reason that As the proposed
amendment provided two Circuit Judges
for this county, and as the City of
Wheeling was already provided with a
Municipal Court, Ohio county would
not need the County Court.
On motion of Gov. JACOB, we believe,
the latter part of said nineteenth section
was stricken out. But by the time the
Delegates from other counties, who did
not want County Court, got it through
their hair that the effect of this change
would probably deprive every other
county of County Court OF the single
Judge plan, there was hubbub. 1t is
unnecessary to state the history OF the
fight that followed. Suffice it to say that
the section as originally framed was not
restored, but we think it may be conf
IDENTITY affirmed that there is enough left
Of it to save all the County Courts that
have been or may hereafter be eStab-
lished under the alternative or single
Judge plan.
This section still provides that "aH
courts Of Emaed jurisdiction heretofore CstaJ-
hiJed n any county, incorporated city,
torn or rddy', shall rrmajn as at present
constituted until otherwise proridci by igir.'
There can be no question that this
section was originally constructed to
save the alternative plan of County
Courts, Tor the very section under which
said courts are constituted was spcci-
fled i'm the original draft, as above
quoted. They struck out this clause
OF the section, it is true, b,a did h,y
strike ont sHough' What will be done