Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-02
THE SCOPE OF THE CoNsTITU.
PIONAL AMENDMENTS.

u
the amendments would make in the ex-
isting Judiciary system, that are not pos
sible to be made under the present Con-
stitution, and we stated these to be the
following:
l. An increase in the circuits and
Circuit Judges.
>. A reduction in the Judges sala-
ries.
5. An increase OF jurisdiction andtrial
by jury before Justice.
We claimed then and We claim now,
that this isa complete and comprehensive
summary Of all that We will gain by the
adoption Of the amendments, that we
could not have without changing the
organic law.
A correspondent, "Lucus," whose
letter we published yesterday, took is
sue with this statement OF the case, on
the ground as he states, that,
'sYou overlook the fact that the
amendment accomplisheS the abolition
of the County Court as 4 judicial tri-
bunal. This was the chief object OF the
amendment
Our correspondent is very much mis-
taken in thinking that we overlook
this tact, " and we would have been very
stupid TO overlook what he rightly says
"was the chief object OF the amend
ment." And if the Legislature had not
overlooked the fact that the abolition Of
County Courts was ithe chief fact they
were called to act upon we would have
gotten rid OF them by 4 pure and simple
proposition to that end.
W. dd not mcl,td, The abolition Of hS
County Courts ia The h,res notifications 10
b. obtained by he adoption Of The Gmcnd-
nsrts. Jsca,ess this could be- done ,uder the
present. Constitution more ,Gsiig m,d directly
than bg the amendments.
flour correspondent hal watched the
proceedings OF the last Legislature, he
would have been made aware OF the
TACT that a bill, stripping the County
Courts of their judicial functions, was
prepared, introduced. and passed the
Senate almost unanimously, and had 1t
not been that it got To tine House dur
ing the last hours of the session. and by
some misunderstanding, hocuS-pOcus,
or stupidity of the members, was not
passed, the County Courts would now
be abolished, and the matter virtually
settled by this simple act, instead OF go
ing through the tortuous and expensive
ordeal Of Il Constitutional amendment
OF near two years duration.
We have not this bill before US, but
we remember that it was known as SEN
ate Bill IS; was introduced by Senator
FAULENER; was based chiefly upon the
provision OF the 9th section OF Art. Sth
of the Constitution, which preScribes
the jurisdiction OF the County Courts
and the followingcondition:
But the jurisdiction tthe County Court
shall be subject To such limitations rs
may be prescribed by law that it was
thoroughly discussed by and received
the endorsement OF not only the lawyers
in the Senate but of some OF the ablest
LAWYERS in the State, who assisted in its
preparation.
We have that much assurance. there
fore, for stating not only that the judi
cial functions OF the County Courts cqD
be abolished without amending the or
gauic law, but that it would now be an
accomplished fact had this bill have
been passed. As 10 the police and tiS-
cal functions Of the Court, our
correspondent admits that they can
and have been changed without the
all Of the amendments so as to provide
exactly what the amendments would
give rs. We have nothing, therefore,
to be gained by abolishing the comfy
courts through the amendment, but
much to lose, perhaps, in expense and
delay.
The second addition to our schedule
OF notifications which "LucUs' seeks
to make, is, that
"Cnder section 80 OF the present
article, cases pending before a Justice
involving more than so, may be re-
moved or certified To the county court
upon the mere motion of the defendant
orhis counsel, without any affidavit,
bond, or anything else.
There is no difference Of opinion
between our correspondent and our
own view Of this provision. We re-
gard it rs very mwiSc provision, and
one that has worked harm and in
Justice in practice. Ii operated rs
kind OF a stay law between debtor and
creditor But there is very wide
difference of opinion between us, if he
thinks this provision could not be
abolished or amended otherwise than
through the amendment now proposed.
our correspondent will hardly fail to
see that rs the provision in question is
abolished under the amendment by
simply dropping it out Of the Constitu
ton along with the County Court, it
would be none the less etfectually an
nulIcd ii the County Courts were abol-
ished through an act of the Legislature.
Ii there were no County Court TO GER
tiiy to, there could be no certifying done,
or removal Of cases made.
But, still further, this certifying bust
ness NAV vet be possible under the
Amendments. The 10Th section of the
Amendment provides that appeals
shall be allowed from judgments OF JUS
tees OF the peace in such manner aS
may be prescribed by law This, OF
course, must be to the Circuit Court,
and it is not vet certain what conditions
the Legislature may make for granting
appeals. We do not know whether it