Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-19
CHANaE Is NOT ALWAYS REFORM

We 90 nOt ANOH VIC SON'i
tep,s if BY the term "system" he refers
to that part of the system now in opera
ton in nearly an the counties of the
State. We regard the Justices County
Court as the greatest burlesque on the
administration OF law that has ever been
tolerated by an intelligent people. 1t is
necessarily so. II is legitimate result
OF the theory upon which the
system is based. 1t could not
be otherwise in the nature OF
things. No sane men would 90 to a
shoemaker to have his teeth pulled, or
to dentist to build his house, or to a
farmer to perform a surgical operation,
or to a man who had never given his
attention to law to expound and admin
ister the most obstruse and profound OF
all branches OF science. Yet the County
Court system establishes this unreason-
able and unjust state of things.
But We do not think that the County
Court system rs Il whole, is without
merit. 1t grants latitude in the char
aeter and constitution of these tribunals
that is peculiarly well adapted to the
diversified condition OF the counties OF
the State. We believe that under
il the most economical and efficient
tribunal that can be devised, may
be had by any county for the
asking. We believe, moreover, that the
wishes of the people in regard to these
tribunals Gan be fully, satisfactorily and
permanently met by the Sth Art. Of the
present Constitution.
But while We recognize the unsatis-
factory and inefficient character OF the
existing County Courts, and the uni
versal, reasonable desire on the part oil
the people to get rid of them, we do not
and will not endorse the sentiment ex-
pressed by many in the phrase, Any
thing to get rid Of the County Court"
The mix and muddle into which we
have been plunged by way OF County
! Court was brought about by much the
anne disposition toward the Circuit
| Courts. The Circuit Courts were too
dignified, too technical, too far removed
from the people, and thereupon came
the cry: Anything to get rid OF the
Circuit Courts" Then came County
Court that was designed TO be brought
down to the lerelof re people, and now it
is, Anything to get rid OF the County
Court"
Are we thus TO swing from one ex-
treme to another perpetually, until the
confidence of the people in courts OF
Justice is destroyed? Is there
nothing better than rushing
first to an exclusive dependence upon
the cicrcuit courts, and then back again
to an overdose OF the county courts every
decade?
Ii seems to us that what we want is
calm, careful and general discussion OF
the question, "what does the State want
in the way Of judiciary amendment and
reform?" Ii the proposed Constitutional
amendments meet the demand, let us
have them. But if they are to be adopted
in the spirit OF anything to get rid OF
the county courts" we may only be
jumping from the hot water into the fire.
1t is not the part OF wisdom or
prudence, or craftsmanship, to proceed
thus with our organic law. A change in
the Constitution should always be made
deliberately, cautiously, and after the
fullest discussion by the whole people.
We must reOrganize the whole Judiciary
system Of the State, il we take the pro-
posed plan of getting rid OF the County
Court. We must substitute for it a sys-
TEN that becomes part of the organic
law, and cannot be changed by 4 simple
act OF the Legislature il found unsatis-
factory.
The wise course therefore, is to
know that it is not only an improve
ment on the present system, but the
very best that can be devised, before
We adopt it. 1t will be more difficult
to get rid OF a bad substitute than to
adopt good one.
In this spirit We have been discussing
and willcontinue todiscuss the proposed
amendments. We propose that so far
as the REGIsTEE is able to effect
it, the people shall vote intelligently
on this new plan. They shall
know Aall its good and bad
features. We are for permanent
reform in our judiciary system. When
q change is made we want it to be an
improvement over the present.
And while We may find things to be
both approved and denounced in the
amendments, we are frank to say to the
people of this State that the greatest
need and the greatest dependence they
have in the way OF reforming their judi
ciary system, is in and through an in
telligent legislature. No consti-
tutional amendment will give the
people what they most require in this
regard. All that is to be obtained of
any value in the proposed amendments
can be obtained through legislative &C
ton. The present constitution opens
the door wide enough for the Legisla-
ture to supply all the defects in our ju-
dietary system. The proposed amend
ments, ii ratified, will avail nothing UNI
less supplemented by legislative action.
We want reform in our jury system,
in our court practice, in all the ma
ehinery that attaches to our court sys.
TEN. IL must be reformed and modi-
fed before il meets the demands of the
people and OF the age.
We have not time or inclination to
make more than this general reply to