Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-01
CONSTITUTIONAL AMEND
aa MENTS.
A Correspondent Reviews the
Synopsis Made by the Regis

Synopsis Made by the Regis
ter.
Correspondence of the Register.
l., like many others OfyOur readers, am
glad to witness your efforts to provoke
intelligent discussion OF the proposed
constitutional amendment 1t may be
a little early in the day to excite inter
est in the question, but discussion can
be had and opinions formed with more
calmness now that Immediately before
an election.
In your article OF Wednesday, you as
sumo to schedule or itemize the moditi-
cations in the judiciary system made by
the proposed amendment, and not
provided for under the present COnsti-
tuition, and you allege that they are
only hcce i'm number. Ii seems to me
that YOU are mistaken in this. You
overlook the fact that the amendment
accomplishes the abolition of the Coun-
tv Court as a judicial tribunal. This
was the chief object of the amendment.
The first section of the present article
s, vests judicial power in County Courts.
There is nothing similar in the amend
ment You saythat the section providing
for the modification OF the County Court
isalmOst the amendment and
the present Constitution. In this you
are mistaken. The section referred to
is numbered 43 in the present COnstitu-
.nl in fhg annnnImant
| quote a part OF each. Section 10
is as follows: THE Legislature shall
alter the County Court established
by this Constitution, and In lieu
thereof, create another court, or
other tribunals, as rel for JUDICIAL rs for
police and fiscal purposes, with
the saDp p0'oers hersu, conferred upon tie
C0,mty Court"
SEC. %, (of the amendment is rs fol-
lows: "The Legislature shall .
modify the County Court established by
this article and in lieu thereof,
create another tribunal for the
transaction of the business required To
be performed by the County Court
creaiet by this article"
Now, the County Court created by
this article" (the amendment is very
| different affair from the one existing at
present. I'm fact it is not court in the
ordinary sense Of the word ut ALL and
was only called County Court" be-
cause that name is used in Article IN.
of the Constitution, and in a great many
of our statutes, aud this new tribunal
could not have been called by any other
/ ,,nnaSlitufintr tlln aDnAIlI-
ment OF Article TX, as well rs all those
| statutes.
The duties and jurisdiction OF this
new County Court will be just the same
| rs those now performed and exercised
| by the Board of Commissioners of Ohio
county, but there will be no court like
| the present County Court Of Ohio
| county.
Another point of difference between
the amendment and the present article,
though it may not be proper to call 1t a
modification ot the existing Judiciary
svstem:" Under sec. 33 of the present
| article cases pending before a justice in-
vulving more than $40 may be- removed
| or certified to the County Court upon
| the mere motion Of the defendant or his
counsel, without any affidavit, bond or
ANYTHING else This provision has been
eliminated IN this amendment. | am
most decidedly of the opinion that the
| omission of this clause was an act OF
wisdom on the part of the Legislature,
and mt some other time may ask the
privilege of discussing the question III
your columns. Yours, LUCUs.