Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-11
CONSTITUTIONAL AMEND
MENT.
"AdiOs's'' Poor Creditor and
Certifying Argument.

" nave plenty OF Ibbltl t't bl%uliiVAt
and discussion but none Tor personal
structures between opponents; hence we
omit the Introductory part OF this letter
and give the argument ED. REGISTER J
"Adios" appears to coniine his argu-
ment 10 two points. First, the right to
certify cases from justices. Second, the
hardships TO poor debtors OF quick
judgements.
The first Of these is left by the amend
ment 20 the legislature and 1t IS TO be
hoped that no law will ever be enacted
allowing an indisCriminate certifying oil
cases rs under the present rdlculously
unjust system. Under which sue poor
dr5ior for - or any sum under twenty,
IL YOU dare. he files fictitious offsets 10
the amount OF S2l, Certites the case to
the County Court, YOU pay a lawyer II
one can be had SO cheap Is - To look
after the case, and after indefinite delays
get a Judgment for , and lots OF costs,
sue out an execution and after waiting
patiently iOr a long time the sheriff IN
forms Won. that poor debtor has render
ed schedule and presents you fee
bills for officers services amounting to
eight or ten dollars; then enter upon
your ledger the amount OF investment
= loss $50, again worthless ludg-
ment that never can be collected.
This a rare instance Z Not word OF
il. but is OF daily occurrence. The town
OF Grafton alone numbers seven or
eight bankruptS who gave in rs assets
debts of this kind, amounting to at least
fity thousand dollars. In one memoir
able case the bankrupt bought at public
auction, iOr S75, over $1,000 OF his as
sets. principally in the shape OF these
poor debtor judgments. There Is one
man i'm our town who takes great pleas
ure i'm running small debts, and allow
ing himself to he sued, and when judg-
meut is rendered, hands schedule 10
the officer, with the hearty exclamation,
Thank God. another debt paid ~ You
spp. me DAYS off his creditors by allowing
them tO take Judgment against HIM, m
stead of putting them To- the trouble OF a
trial and attendant costs in the county
court. This is certainly vIrtuOus act
i'm him. because he legally cancels the
debt before il has trebled itself IN the
shape OF costs, and 70 would be magnanl-
NOUS i'm the creditor 10 make him
present of the lawyer lee saved. My
experience has taught me that IN almost
all 'Htigutrd cases there Is more or less OF
malice cugrudcred, AMI the sooner they
are ended the better il is Tor all parties,
and lar better ii never commenced.
Your correspondent informs us that
the primary object of allowing cases to
he certified was To secure trial by jury
while tb, Greater secondary object was
to cam time Tor the poor debtor To- real
ilp ON mi, work or assets. And the sec
oudarv object seems 10 prevail, Tor
where there Is one case certified To gam
trial bv jury there are dozen ceru-
fled tp cain time and mcte out spite. II
time is all that is wanted the Legislature
can easily provide that no execution
shall issue on the Judgment OF 4 Justice
over twenty dollars until the poor debt
ar has had time To sell his bark, ship his
croSs-tirs or otherwise dispose OF his
property i'm such 4 manner as oput him
i'm proper condition To render Sched-
uIc. over uine-tenthS OF the par
ties sued nowadays are already
I'M condition and do take the
benefit of the exemption Laws II pressed.
Furthermore, over nlne-tenths oil the
plaintiffs are poor debtors who have put
of suit TO the last moment and then sue
i'm hope of saving themselves, but before
they can realize on their judgments thew
are swept under bv the current OF bank
ruptcv and are heard of no more. We
have no ShvlOCks in West Virginia, but
I a Wilkins McCawber NAV be met with
. at every street corner. Our people are
. inclined To Dee tgo lcuiCut Tor their own
| good. as the history OF every man
who has suffered himself TO be
/ come bankrupt will prove. Ask the
merchants of Wheeling how many thou
sands of dollars they have lost by rea-
son of the slOwness OF our courts to do
/ them timely Justice, and then let Us
| hear no more about this poor debtor
and Quick Judgment nonsense.
A man is either entitled 10 Judg-
ment and its fruits, schedule. rs soon
\ rs his debt becomes due, or he Is not
\ entitled to a Judgment at all. Courts OF
iustice should not be made instruments
I of delay and fraud. Poor debtor Is
I bOlted and locked in by the exemption
I laws so efFectually that he deties court
or Justice to penetrate his castle. Juds-
ment to-day, execution tomorrow, and
I schedule at will. and so ends the chap
ter.
our Jury system, so far as it relates to
actions on contract Tor lquidated dam
ages. is an ancient humbug. The we'll
considered judgment of one good man IS
worth lar more than the hurried OF
compromise, spill; the difference judg'
meut Of twelve, especially where the
right to appeal 10 a man learned IN the
law is secured instead OF being COM
PEELED toappeal to the County Court.
Ii "AdiOs' wants practical instances
of the injurious workings of the present
neiarious certifying case, and delay
Judgment system and addition and dlyi
sion jury practice, l am prepared to give
them 10 him by the thousand. But | am
getting garrulOus, hence, | say
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