Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-09

Iwrite not for information, exactly,
for although I have not copy OF the
Constitutional Judiciary amendment
before me it might be obtain
ed and my question answered
without troubling you. But my in
ouiry, il my recollection is not at
fault, may suggest an objection to the
amendment in addition to the many
which have been so strongly urged.
Following the provision OF the present
Constitution the Municipal Court
of Wheeling is preserved; but what be-
comes Of your County Court? The COM
missioners of Ohio county will have, L
understand, their police and fiscal pow
ers continued until the Legislature shall
make provision otherwise; and the Clerk
of the County Court of Ohio seems to be
authorised by the amendment 10 con-
tinue the exercise of all powers now
conferred upon hlm-admitting wills to
probate. appointing personal represen-
tatiyes, guardians, committees, &c, un-
iii otherwise provided by law. All this
may be very we'll; but the County
Court OF Ohio being abolished when IS
the supervisory and revisionary tribunal
TO pass, i'm term, upon the action of the
clerk. in vacation? II / am not greatly
mistaken i'm my recollection, the trainers
OF the amendment sought TO escape this
difficulty by giving the clerk all the
powers OF the abolished court and Judge
touching matters OF probate, admins
tratiOn, etc. This will concern the
county of Pendleton as we'll as the
county of OhiO-for Pendleton has elect
ed Judge and substituted him for the
Old County Court, under the provisions
of section "a, article s, of the Constitu-
ton.
IL am wrong in all this, my point Is
OF no value. Ii am right, does not the
amendment give TO the County Court
clerks of Ohio and PendletOR vastly
greater powers than those which were
considered so dangerous when reposed
in the recorders under the constitution
of 1862 QUERY.
Our correspondent is correct, we
think, as TO the extraordinary powers
conferred upon the County Clerks, but
we are of opinion that such powers will
not be peculiar to the Clerks OF Ohio and
Pendleton counties.
IL would seem by the provisions OF
the proposed Judiciary Amendment
(Sec. pa that the trainers contemplated
kind Oi interregnum or suspension Of
the Courts, in the event OF the adOp-
ton OF the Amendment, until the Leg
islature had met and provided ma
ehinery for the new order OF things,
That is 10 say that the ratification OF the
amendment by the people, should not
operate as an immediate instalment OF
the new tribunals, but in the case Of
that department Of the existing county
court having charge Of the. police and
fiscal affairs, it provides that these
"shall, until otherwise provided by law,
remain and continue as at present con-
stituted in the counties in which they
have heen established, and shall be and
act as to police and fiscal matters, in
lieu OF the County Court created by this
article until otherwise prOyidedby law
And in regard to the other depart
ment of the existing County Court, hav-
ing judicial functions, the clerks are in
vested by the same section GA with
nearly all the jurisdiction Of the super
seeded court "until otherwise provided
by law"
But it may be that while this is a tenn
porary provision as regards other coun-
ties than those OF Ohio and PendletOn,
it would, as suggested by our correspon-
dent, give TO the clerks OF the latter
counties all the powers OF the abolished
courts in such matters, without provi-
sion for any revisionary tribunal ito
pass, in term, upon the action OF the
clerks in vacation"
Our correspondent is assuming, how
ever, that the County Courts heretofore
established i'm the counties OF Ohio and
Pendieton, under the 34th section OF the
Sth article of the Constitution will be
abolished, along with the other County
Courts, by the ratification OF the pro-
posed amendment. This we are not
prepared TO admit, for reasons we have,
heretofore, very fully set forth in the
REGISTER.
We think there is good and substan-
tial authority for the position that the
County Courts in Ohio and Pendleton
counties, are not only retained by the
provisions Of the proposed amendments,
but that any and all other counties that
NAV choose 10 establish courts OF like
character after the adoption OF the
amendment, have authority to do so.
The 10Th section of the amendment
provides that "The Legislature may
establish Courts OF limited jurisdiction
within any county, Incorporated city,
town or village, with the right OF appeal
to the Circuit Court, subject to such
limitations as may be prescribed by
law; and all courts of limited jurisdic-
ton heretofore established in any coun-
ty, incorporated city, town or village,
shall remain as at present constituted
until otherwise provided by law"
This section was drawn forthe express
purpose Of excepting the County Courts
established under the alternative plan
of the Constitution from the operation
Of the Amendment, and ii our cores
pendent will refer to the Journal of the
House he will discover that the original
draft of the section expressly named the
Courts established under the saith Sec
ton Of the Sth Article.
But the opponents OF this measure
succeeded in altering IT, and the friends
Of the measure compromised on the
section as it now stands, believing
that it would give them all they desired
and contemplated by the section as
originally drawn, and We believe they
are right.
Ii excerpts courts OF Limited jurisiic-