Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-13
THE PEOPLE AND THEIR TRI-
BUNALS.

g The West Virginia MOaiiOr does nof
think that the virtual abolition OF the
County Court BIZ an act Of the Legisla-
tursswoald accomplish all that is de-
sired. For, says the MOaitOr, 1T might
stand stripped'o Of its judicial functions
by legislative enactment, but ready to
be again clothed by the first Legislature
favorable TO il.
And therein consists the virtue oil
proceeding by legislative act. The
Monitor very much mistakes the senti-
ment of the people Of West Virginia
when it presumes that they want 10 be
cnt Oft absolutely and perpetually from
hayingany other tribunal than Cir
cult Court TO depend upon. The peo-
pie will never thus hedge themselves
about with a constitutional provision
of such character if they know it, and
will repudiate it ii, by misconception,
it is once adopted. ~.
But the proposed Constitutional
amendments do not venture so far. II
the Moailor wants TO wipe out" the
County Court, and prevent any county
from hereafter having any tribunal OF
such nature, it will have to accomplish
such a result through some other me-
dunn than the proposed amendment.
The Monitor will find in the 10Th sec.
of the proposed amendment to Art. oth
that "the Legislature may establish
courts of limited jurisdiction within any
county, Incorporated city, town or vii
LACE. with the right of appeal to the Cir
cult Court, subject to such limitations
as may be prescribed by law"
There has never been an instance
since the Constitution of 1858, in which
the people of this State or their repre-
sentatives have had an opportunity to
declare themselves on the subject, in
which they have not pronounced against
the abolition of 4 county tribunal. Be
cause the present one is unsatisfactory,
incompetent, imbecile and intolerable,
does not, by any means, establish that
the people are willing To forego the
right to any and every county tribunal.
The bottom fact is, that there Is very
grave doubt as to whether the existing
County Court, insufficient rs II is, could
be voted out OF existence on square
proposition submitted to the masses OF
the people. When bill by which 1t
was to be shorn of its judicial functions
was introduced in the last Legislature,
il was voted down. When substitute
was offered for it the other day, in five
different counties OF the State, each
voted it down. And when it comes to
doing away with it entirely, offering no
substitute, there will be first class re-
bellion among the masses.
We have heretofore shown that the
costs of litigation in the Circuit Courts
of the State, amounts almost to de
NAL of Justice. The actual taxation in
case involving the lowest sum over
which they have jurisdiction, amounts
TO $3.50, independent OF attornies and
witness fees.
Now, in a State where the population
is largely engaged in agricultural pur-
suits, and the amounts involved IN htl-
CATION are insignificant in themselves,
although too significant to men who
earn their money by hard knocks, to
throw away, it is downright oppression,
to compel man to risk $3.50 in order
to enforce recovery of a small claim.
1t is no answer to the situation to say
that he can 30 before justice for a less
sum. THIS does not prevent his oppo-
nent from taking him into the Circuit
Court on appeal, with the accumulated
cost of two trials instead of one. Such
a judicial system ought not to be sub
mitted to by a free people. and will not
be endorsed by the people OF West Nlr-
GINA.
We want a peoples court in every
county: such as the Legislature CAM es-
tablish under the Sth Article OF the pres
ent Constitution. Wewant an ecOnom-
ical court, but at the same time, an
efficient one. And We do not believe
the people will be ready to endorse any
scheme that does not give them such
court.