Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-01-21
THE COUNTY COURTS.
What the People Want and
What They Don't Want-COn-
stitutiOnal Amendments IN


necessary, &c.
WHEELING, January 18th.
Editors Register.
Judge from the reading OF the Legs
lative proceedings, that our lawmakers
have determined on an effort to change
the judiciary OF our State.
1.-THE system is changed it must be by
Constitutional amendment. IL evils IN
the administration OF the courts are only
10 be corrected, then ordinary legislation
is altogether sufficient ior that object,
and no Constitutional amendment Is
necessary.
The question looking To judicial
change has already received reference
10 committee in the House OF Dele
gates. This is taking time by the lore
lock, " Us though it was feared some
great political purpose might be en-
dangered, ii not defeated, by delay and
reflection.
Ii We must have a change, let the evils
BIZ corrected in a manly statesman-lke
way; but when considering these things
il should not be forgotten, that ever
since the Democratic party abolished
the Board Oi Supervisors, and re-estab-
lishrd the ancient and Yeneraled
County Courts by the Con-
stitution VI 1872, there
has been manifested by the Republican
party u consistent opposition to their
continuance, and the most lnsiduous
efforts used for their overthrow AMI
the establishment upon their ruins at
some other system, less wise, less sale,
and less in harmony with the wants
Of the people. 1t should also
be remembered that the County Courts
Tor more than one hundred years last
past have been regarded rs tho ''pe"-
PTS courts as contra distinguished
from the 1uperiorcOurts; and II appears
t. have escaped the attention oi Jour
nalists and politicians that there Is
provision i'm the Constitution whereby
!" the Legislature shall, upon the appli-
cation of any county, reform, modify, or
alter the County Court established by
this Constitution in such county, and m
lieu thereof, with the assent ri major
itv uf the voters of such county, create
another court, etc. Al the instance Of
impatient Young lawyers, and with the
cooperation Oi those whose purposes
have been thwarted by the sledge-han-
mcr work Of the County Court, several
counties have already applied for the
modification authorized by section u
uf Article ) ui the Constitution; and IN
every ease the change has been refused
by large majUrities Of the people. This
would seem To- be sufficient cause to
postpone iur "a while the agitation OF
this subject, and | have no doubt but
that the enlightened opinions OF the
people, when fairly expressed in the fu-
turc, a. in the past, will condemn
the policy Of ahrogating the county
courts and substituting board of super
Visurs. and something less than rcgi-
mrut of Judges in their stead
\ great statesman has said, Change
is not reform" and he might with equal
truth have added. that when any instr
tuition of government has been APPROX
cd hy the people iuT more than one hun
drrd years, ami accepted - an 'lnstltu-
tiuu in government Cunicrrlng manifest
benefits upon the people over which II
extends, and un evils ot Importance re-
suit from IL, II l. dangerous L. alter
materially its organization. When any
4
call iur a Constitutional amendment, IL
l. incumbent on it, advocates Ia prove
To the satisfaction ut public judgment,
not only that, a. now constituted, there
are evils resulting from the system
beyond the reach of ordinary legislation,
but that the only remedy Il by CouStI-
tutiOnIl amendment.
Ii the system ufour county courts has
no evils, no change is required. II It has
evils, uS il L. manifest the Legislature
ha, the power, the evils should bc
remcdied hy ordinary legislation, aS u
amendment i more likely
to increase than 10 diminish them.
The advocates OF the change to carry
conviction and be- successful must show
that the County Court ~ now con
stitutcd abuses public confidence and
eats up the substance al the people,
and il j. equally incumbent ON them 10
show that the substituted Judiciary they
propose would remedy them, Have
these propositions been proved
answer no
1 cannot suppose that a Democratic
Legislature will for q moment entertain
the proposition looking To- the rc-cstab-
li,hmcnt ui the Board ui supervisors
with all It's traditions fresh IN the
memory ct the people.
The change then involves a cnmpe-
titiun between the County Court, a.
the peoples courts and an increase
al no. less than seven circuit Judges,
more luVuarious than wise, ami without
any Intermediate tribunal To- the COM
mon sutton iuT the redress at errors,
short ot the Court of Appeals.
Asa question ni economy the lurlcs
and all else being equal, an average
County Court will sit 36 days in the
wear This gives To- the President sl44,
and 10 each associate Sos, or the whole
Court $50 every wear lie viii give
Tor an the SIN court, ut every Circuit
averaging ,iN counties $50, or Ior each
Court c,5.
How i il with an average judge? lie
lie will lit in Court about 10 days at a
daily proportion oi his salary, say 500,
making iur Court service >6UO, AMI
= $40 ior services ont ot Court; or m"rc
properly speaking nu services at all.
The judge receives an annual salary
whether he performs services or not.
The County Courts salary l. measured
hv the day. The County Court holds
six sessions, AMI the CirCuit Court only
two, in each county.
The mistakes Of the two Courts OF cr-
rnrS ni Judgment are about equal With
all the convenience toran appeal within