West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1879-02-22
entirely satisfactory to the people.

large, aud to populous, to be Efficient.
y. and satieiactorily served by our
present County Court We, !, sup
pose, have AZ fair Justices, on an av-
ersge, as any county iD the State.
outside OF OHIO, and one or two 9TH
ers; and our County court has decj-
ded many cases well, sud has done
great deal OF busInes, in saiiefac.
tory manner, but it ia not to be de-
med that the business of the court
has often been much delayed and
much more expensive than 1t should
have been, and in many cases, very
erroneous decisions have been rem
dered, and parties subjected to the
costs and delays of appeals to the
Circuit court.
These inconveniencies have arisen
not from the deprayity oil the court,
but from lts ignorance Of the rules o
law; and particularly in The adm,s
sion or rejection Of evidence This
arises from the fact, that the iusticee
IN their own (nsgisteriaD courts,
nave equitable and legal jurisdi3-
ton both: they are in the habit Of
hearing all that can be said, pro aud
con, relevant and irrelevant, and o I
L.
making up their judgments on broad
and liberal grounds, entirely free.
and untrammeled by technicalities
and learned bubbles. And hence
their errors are principally technic-
al ones, when on the bench. These
technical errors, however, some times
work as much injury and loss to lit
igant', and to the public, as substau-
lal oues. Here is where a court
composed OF men unlearued in the
wits technicalties and subtletiss.
lai.s to meet the necessities Of the
case.
The question presents itself then.
II The county court is inadequate to,
the pubic wants, in this direction.
can 1t be dispensed with entirely
and all the legal business be safely
transferred to the Circuit Courts2
Those who assume this position to be
correct, will find, upon careful in
vestlgatlon, and an unparalleled
one, that it is easier to assume tba,
position, than to hold it,, 1t certain.
ly cannot be done as the Circuit
Courts are now organized, for il
would be impossible, in our district
TO hold more than three terms of III, ..
court annual y, and this has ALREADY
oeen done for three years, and still
important and expensive Ito Iii
gants) causes, "slumber" on the
docket undetermined and untouched.
Add to the docket all the causes
both at law and in equity, that have
been decided in the County Court
during these years, and imagine the
condition of the docket, hen. But
there Is a constitutional amendment
proposed, by which we are TO have
thirteen instead Of nine Circuits. and
the Circuits are to be 80 gerryman-
dersd, as to give us FIVE counties on.
ly--can we have more than three
Circuit Courts a year them I reckon
not Three courts in each oopnIv
Will make fifteen courts in the cir
cuit' In twelve months, or one and |
a fourth court pei mouth. What |
better off then, will we be than now2 |
l think it is fact not to be ionoy
ed t1at we must have an inferior
tribunal for the trial of causes o,
some sort, and If abandoned for q
Time, the experiment will fail, and
we will be forced to return TO il
sooner or later. Is it not better e
nave a coUTt-as fiscal aud police
urlsdiction--a body proceeding ac
cording to, and governed by the
rules OF the common law, than
Board of comm issoners" or anv
other name you piease-proceedino
according to their own notions
without standard or rule precedent
or lorm-guided only by their own
Judgment and conceptions Of right2
Gan three commissioners, as this
amendment provides, two of which
must ol'0oyS be, and all three man b.
from the same eide OF the river ao,
intell'gently, and fairly repr esent.
either the wants, or wishes Of The
whole people Of this County?
The bilIin question provides that
the County Court shall be constituted
OF single Judge, Learned in the
law that the Jurisdiction shall re-
main as it now is and that tho police
and fiscal affairs Of the county shall be-
administered hy Tho ro,,.t 1871.