Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-08
CONSTITUTIONAL AMEND
MENT.
How will il Affect the Debtor
Class? a Scheme for Snap
Judgments, Swift Executions
and no Breathing Time To the
Man who Owes-A Sham and
Pretence of jury Trials.

Correspondence Of tho Register.
The Constitution OF 1872 limits the
juisdiction of justice OF the peace to
one hundred dollars. Though the
Legislature may confer upon justices
additional civil jurisdiction and
powers" it cannot, in suits TO recover
money or damages, extend such adj
tlitional jurisdiction beyond that sum.
Moreover, where tire amount in con-
troversy exceeds trRiy dollars, the de-
iendant, in person on by attorney, may
have the case removed to the county
court for trial; and this, without giving
bond. These provisions in our organic
laws seem to rest upon the admitted
facts, that we, in West Virginia, are
not a rich people; that, generally, we
do not engage in large enterprises; and
that one hundred dollars, in jul&sdiction,
and the right OF removal from justices
courts, when an amount sued Tor eX-
ceeds twenty dollars, are figures which
accurately represent the every day
transactions OF our people in all parts
Of the State. OF course, there are many
exceptions, but takeit the average is
quite fairly struck by the amounts
named-Sl0O and so.
The constitutional amendment pro-
posed by the last Legislature, and 10 be
passed upon by the people in 1850, as
sumeS that all this is wrong. 1t gives 10
a Justice jurisdiction reaching the sum
of $500, and makes this jurisdiction alb
solute and final in every sense, except
that an appeal may be taken 10 the cir
cult courts "in such manner as NAV be
prescribed by law Now, under exist
ing laws governing appeals, and, neccs-
sarilv, under any system OF laws regu-
lating them, the litigant who seeks TO
have reviewed a controversy determined
by an authorized tribunal, must secure
To an antagonist the fruits of his sue
cess i'm the court below. That is 10 say,
ne must give an appeal bond, ample
enough in its penalty to embrace the
amount recovered or, 10 make the IL
ustration more direct, whoever is sued
before a Justice, and becomes the victim
of his judgment, must give bond So.
curing tie d,bt before he can obtain 10y
appeal review by the circuit court OF
the judgment complained OIL II he
cannot give this bond, with security, he
must submit TO the tender mercles
OF an immediate fsri tacids and
the constable. But the amend
ment goes farther, and abolish
Ing the County Courts, refuses 10 allow,
where the amount involved exceeds
twenty dollars, removal 20 the Circuit
Court which will become the next high
est tribunal TO that of his worship, the
justice. So that, in a majority OF in
stances a justice must be the final arb!-
traitor OF the cases which were before
him. For, if a defendant be made 10
give the required bond and obtain an
appeal where lies his escape from the
irresponsible tribunal thus endowed
with a jurisdiction larger in its reach
than the amounts really involved IN
nine.tenths OF the suits brought % re-
cover money in the Circuit Courts OF
West Virginia? | know what the an
swer 10 this will be- Removal from
| Justice, in cases involving more than
| twenty dollars, was intended % secure
! the Constitutional rights OF jury trial;
and this it is proposed to accomplish
/ by the adoption OF twin amendment,
/ in the following words: "In suits al
common law, where the value in con-
/ trOvelEg exceeds twenty dollars. excus-
i've OF interest and costs, the right Of
trial by jury shall be preserved, ii re-
/ quired by either party, and in such a
/ suit before justice a jury may con-
/ sist OF six persons. No fact tried by
/ a Jury shall be otherwise re-eX-
amined in any case than accord
| ing 10 the rules OF the common law.
| Very well, indeed but how is this jury
/ Of six, or more, 10 be summoned? BY
what process OF responsible selection:
/ Who is to draw them from the body OF
the county and by chance assignment
select impartial men who know nothing
1 OF the controversies they are 10 try?
/ The old idea OF jury Of the yicinage
was exploded when jurors ceased to be
/ witnesses also, and it has been one OF
the difficult problems Of legislation TO
devise some system by which jurors
may be conveniently procured who,
/ ignorant OF the particular case, have no
/ prejudice or previous knowledge, andin-
different TO the parties, have no induce
ment to be partial. Every effort in this
! direction has proved expensive and OF