Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-01-21
TIIE JUDICIARY.

Opinions of the indiN iduai Mem
hers uf the Special CommIttcC
Appointed by the Legislature
Ia Consider Propositions aud
Mature a Plan for ltcOrsaniA-
INK the D u,ltciars system at the
state.
Regarding the opinions ct the mrm-
hcrS at the above named COMMITTEE a.
carrying With them some oihyim author
NV. rs we'll as indicating with somc GER
laluty the action oi the Legislature un
the all important aud prominent subject
ui legislation this session the rr"raull-
alton ut th, Judiciary ~ stem and alsn
that the public uay understand just
what this committee II doing aud Pru
posses todo. they having this Whul, uIt
ter in chang, uur reporter visited the
several m,mhrrs and obtained rum
thcm the toIlswm.. "plu,ou- AMI cont
mruts upon the subject
We found judge Brown. U jackson,
Oi the committee on the p,ut vt the ~vu.
ate, ,nuew hat involved with hls duties,
but hc very kindly took time L. answer
our
Question Iud.n., what plan do you
favor. or Wha, il likely To- prevail with
ynur committee, tor the reorganization
ui thr judiciary system
Judge D. lhavcuo individual plan To-
prupusc.
Think the present plan very dctrc.
tive
This is a government ot law. Law O.,
kiuS here.
The power To administer law prrsup.
poses a knowledge at law. lirucvjUdg,S
should bc learned in the law
Nothing affecting the carllual RIGHTS
ut the citizen should lee lett forest IN the
discretion 1T u Count ur Judge. II
should bcrl.uAtcd 10y Law.
Hence tO appoint a Judge Who don I
know anything about the law I, a PrartD-
cal Suhyvrsiuu ct the theory ut our gov
urnmeut.
The very rlya ut law .igUIurS a rule "l
civil action, GNrd AMI dctyuancd, amt
that rule must tie known Iud under
stu,sl before II can Ia aju,ul>trrrd
u can only To- understood Jttvv long
years ui study amt vNPvrIvu,r. judge
blackstone Sals 1t requires q luvuhrJttuu
ul twenty years.
think our present Nstrm proceeds
on false premises, 10y SURPRISING that a
mau who never rv,d law may he as well
ACQUAINTED With Il a, one " hu hJs made
II a study Tor a lifetime Which that >N,-
trm duys ID hy comforting concurrent
wr,,iirtilu upon the crvuit auj county
counts.
Now, while have up particular plan
NJ INV own. think that the plan pru.
posed at the last session at lhy lvgSlt
turf. called POINT resolution Va. ., With
Snmc unimportaut mudIhraltuu~ would
mvrt the demands at the country At
present.
Aud | SAY tins because IA nay section
at the state. think the great objection
Ia the judicial plan at the Constitution
ut 1868, is on account ul thc multiplicity
a., county officers.
Then We had one or two Justice, "a
ts,,h township. ~ we'll q, a SupvrN ,Suv
IA each. AMI Rccurirr lot the county
The plan nj the resolution Ne ., con
Ter, the powers which the supervisor,
hal upon the Justices, and decrease,
the number oi paid officers 10y uuv-halt
Rut see ~ reason lot the Prc>id,Ut
oi the County Court. The people have,
ia many cases, elected the weakest U,JU
on the bench President II lSa useless
utiiye. let JuStirrS, when they meet,
elect uu' nj their number tu preside
daring the YEAR.
The ngticr at JuStirr - a lucrative
office. ana Ga, man VIM huiiS that uthrr
cluld afiopi a. du the public hu~luvS,
without other cmuluuvut.
think To- give each circuit court an
average IL lOO0 population Ia their
circuits, they could 10 all the business.
think the CirCuIt courts would he less
~ pcnSiye than the present
| wuuhl increase the jurisdiction at
inst,,rs with the right 10 empdnRcl a
Jury ni six, AMI With the right ot dc-
lrudant in civil ease, audto rrmuIr e.
the vircu,t Cuurt in certain eases.
would not Interfere With the court
at appeals.
The Constitution refers Ia the county
courts IN several >yttIuus, aUd W must
either RETAIN the tcUU county court az
change several S,,tIuu>.
NEN NruU rNWE
thoUght the County Court must 20.
Nearly every paper "a jhg state WJ,
OutsIukeH against H.
Tie Mas in favor oi giving the business
ii the County Courts Ca thc Circuit
Courts, and thinks that l. the prevailing
disposition.
lie would then iurpISy the JUri~liC-
tiOnOi Justices aui give them Iurics.
lie would increase the number al cir
cults Ia fifteen. There has been propo-
sltjon 10 make Ohio county a circuit Nv
itself.
4 second proposition Is 20 throw
Ohio Brooke, Hancock and Marshall,
into one circuit, and have two judges
But he does not regard this as a good
proposition.
He proposes consulting the Tar very