Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1879-02-11
THE SUPREME COURT OF AP-
PEALS.

We learn that bill has been reported from
the Judiciary Committee of the Senate OF
West Virginia to amend Chapter IL OF the
Acts of 1928, which, if adopted, will re-
quire the Supreme Court of Appeals OF the
State to hold all lis terms at the Capital OF
the State. The policy of dividing the State
into three judicial grand divisions, as at
present, with term annually in each, Is cer>
taialy one of great convenience, as we'll as OF
economy, to the people of those divisions who
have business to transact in the Court. In
stead of imposing upon suitors, who are grow
ing more numerous, as population and BUSH
ness increases, the heavy burden involved in
attending, through counsel, terms of court
held at long distance from them, the Leg
islaturc Of 1928, in organizing the Court
of Appeals, very properly, we think, deter
mined that it should'be brought conveniently
near to all the citizens of the State. This
we sre satisfied, ktoo, was in accordance with
the intention of the trainers of the State
Constitution, who manifestly designed that
there should not only be sufficient NUNS
Der of terms (the language used being sat
least nco'') but that those terms should, for
he accommodating the people, be held
at as many different places-properly and
judicious!y selected Iy the Legislature. In
fact, docs not the Constitution of West Vir-
ginia SO provide 1? , Section 9, Art. s, de-
clares that There shall be at least two
terms of the Cour. of Appeals held an>
nualy, at such times and places, as may be
prescribed by law" Will not the Legis>
lature violate this provision, as fairly con-
strucd, if it confne the Court to "a single
place? Had the Convention intended to
confer on the Legislature the power which
this bill prosupposes, would it not have used
more accuracy and cxactness, and have framed
tic 9th section in these words: There shall
be at least two terms, &C. at such times and
place or places as may be prescribed BY law
Not having used language like this, which
would most fttingly and clearly have ex-
pressed the purpose, if such existed, to
bcstow the power which this bill claims on
the Legislature, it is submitted that no such
power has been given was intended to be
given. But even if the bill be not unconst-
tutional, We think it unjust, and should not
therefore be passed. The present law, as we
have said, is one that arranges the terms
of the Court most satisfactorily for tho con-
venicnce of the people, and although it
may be true, as we have heard it intima-
ted, that the Judges have difficulty, at
times, in examining causes argued before
them, except where the State Library is
accessibie-that. is at the State Capital
that difficulty has been provided for by
the Legislature of 1877, chapter rs, which
enables the Court to hear causes in one
grand division and decide them at spe.
ciel term to be held in another. Under
this last named act, then, the Court can
hold its terms, as now required, for the
purpose of hearing the cases, in the re-
spective grand divisions, ct the places DIES
ignated, and can, should necessity demand,
adjourn to or hold a special term at the
State Capital TO examine and ide the
cases thus argued This adds but little to
tho expense of the Court, and the whole
question, therefore, is one of convenience
Us between the judges and Clerk on the
one side, and the people on the other;
and where that is tho alternative, we think
the Legislature should not hesitate in its
action. We hope the bill will not pa SIS,
but that the existing law will remain as it