Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-01-22
rnE JUDICIAL s gANpARp

THE JUDICIAL STANDARD
There is an apparent conflict between
III, Jri,ciplc, by which some members Of
the Special Committee profess To be
governed, ~ a rule, AMI the plans they
favor or propose Tor the reorganization
II the Judiciary System, Is developed
in the interviews we published yeStcr-
day, that is somewhat ditlicuit to recon-
ellie.
We were struck with this fact parti-
cularly, in reading the interview with
the very able Senator from Jackson,
judge Brown The interview opened
with very eloquent, a. we'll "a just AMI
sensible dcnunciation OF the policy OF
committing the Interpretation Of our
Laws % Inefficient ami unlcJrned otii-
cial,.
"Iui-." said judge Brown, "iS Il gov
crnm,ut oi law. LAW j. King here.
The power % administer law prrsup-
f.1-..~ "a knowledge of law. Hence
Jud.rs should be- learned in the law.
Nothing affecting the cardinal rights
OF the citizen should be- LETT % rest IN
the discretion of a Court or JUdgr. Ii
should be- regulated by law.
Hence % appoint judge who don't
know ANYTHING about the law il prac-
teal subycrsion Of the theory OF our
government.
"Thr very idea oi ltw s,guiiiesa rule
ui civil action, fixed AMI determined,
and that rule must d. known AMI uu-
der-luod before IL can De- administered.
1T can only De understood alter hong
years IL study and experience. Judge
Blackstone SAYS IL requires a lucubra-
ton Of twenty years.
If think our present system proceeds
on fllsc premises. 10y SURPRISING that a
man who never ryal law NAV be- -
we'll acquainted with n ~ one who has
male il study Tor lifetime
Now. We began to feel some inspira-
ton in the ry0liu. 81 such Well express
Ell ami comprehensive views ut iuuda-
mental principles, and 10 congratulate
ourselves upon the high standard that,
al lr,,~, one member 81 this committee,
was reaching alter in the execution OF
the work.
hut alter reading such declaration
oi general principles, w. confess Ia a
sudden and severe "Icttin: down when
W. rad in the next paragraph that aS to
U pLuI. the honorable senator proposed
IL increase the Jurisdiction OF justices
with the right To cmpsnncl a jury ofsiN,
and with the right ot defendant in civil
eases 90 remove "a the Circuit Court in
certain cases
We ind that with two or three cX-
rrptious, the other members ot the COM
Iuittrc. also, have an uuaccountahly
tender turning toward thr Justice.
When hr sits ~ a County Court nj the
County seat his ignorance AMI general
imbecility are themes upon which men
grow eloquent in denuncationS. But
they will send him out single handed
ami alone into the obsrurity of his Ills.
trict, without law book, AMI often
without even the statutes at the State.
and there they will invest him with all
the jurisdiction and appliances oi the
County Court, not uuittinS jury
There may he some so,acr 10 the law.
maker in thus regulating official iguor-
ancr tn the ScCluSiuu oi the rural dis
ticts, bnt not much, We opin,, :, the
litigant.
There may he some propriety in gct.
ting rid Ot aR unpopular tribunal al the
county scat, hut Ne duu', exactly UNI
derstand how the same thing can be
pomhrifc2 hy being StabEshci in Cv-
cry diStriy, vt tEc county.
Legislators may forget the history 81
this state, but the Peop,, tbaI made the
history in this conncction have not
pa>sel away. The same pCOple that
have once before demanded am n
quirtl the abolition Of iur,yS iu the
justices Court, AM the EFFORT to increSSe
his jurisdic,ioD, will meet such a propO-
sition again az the polls, lie 5 even pre-
scented 10 them, with a rrbuke thar will
forever silence t. And i"r this MASON
We are glal that the matter Is in the
hands OF the people.
We dOno, believe that court that i
too imbeCile Tor the translation II the
business at the county seats, should be
forced upon the masses OF the people ia
what are termed the rural districts.
Il is just a. harl, ami harder. for the
country farmer and trader " endure the
intolerab,e and oppressive insults Of
ignorance and prejudice, As il IS for the
town merchant OF banker.
The Justice's court has heretofore
been tolerated simply becSuss ct its in
significance II has never bad either
the respect, or-when avoidable-the
patronage Of the masses Of the people.
II there is one bloteh upon our Ju-