Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-08


tanned have been worth the additional
taxation they have made necessary.
But be this as it may, do the supporters
of these amendments propose 10 extend
the provisions OF our jury law as II ap-
plies 10 the Circuit Courts, for example,
10 the justices courts? | fancy not,
since the cost must silence such a pro-
position in or out OF the Legislature.
How then will they give Us these juries
of six persons? Have they any new
scheme 10 suggest? or do they send us
back TO the good old days OF the Con-
stitution OF 1863 and the high
links OF justices, jurors and con-
stables under the provisions OF chapter
50 OF the code as il stood before its en-
actment in 1928? What was the mode
then OF procuring this ineStimable piece
OF legal machinery? Let the law an
swer:
SEC Il "The party demanding the
jury must deposit with the justice sum
Of money sufficient, IN the opinion Cf the
justice, TO cover the costs OF such jury.
SEC. -. "When a jury is to be called
the t.ial shall be postponed until the
time fixed for the return of the jury,
which, if neither party show good cause
ior later dav, shall be on the same day,
or within the HsJt to0 days."
SEC. 50. "When party demanding a
Jury shall have made the deposit requir-
ell by the seventy-iOurth section of this
chapter, the Justice shall issue n r1,ire
tdcidS directed TO any constable of the
township. commanding him 10 summon
six qualified jurors 10 appear at the time
and place stated therein 10 serve a 4
jury, &c."
Now, what was the practical result Of
these provisions oil the law, as II was?
Let the experience of all who know an
swer as to how the Justices juries were
procured. No lot or chance drew them,
no selection picked them out and az
grcgated them; but they came from
the vicinage, bystanders, hangers-on
OF Il magistrates otiice--Tom, Bobbrn
and Dick showing something of neigh
borhood scandal and controversy; hav-
ing tried every local issue at barroom,
blacksmith shop or country store boxes !;
summoned by the grace and favor OF Il
district constable, keen after jury fees,
and watching the chance OF future favor
from the richest or most influential con-
testant. And vet, out OF such material
is to be organized the means OF prcserv-
ing the inestimablc right OF trial by jury,
according to the theory OF these con
stitutiOnal amendments. Any PROPOSE
ton to change the organic law of state
is, OF course, grave, important and en-
titled to respectful consideration, but
confess my amazement at the absurd
and anomalous features OF these two
amendments. Everyone knows that
they were framed 10 accomplish one
special object - the abolition OF the
County Court system; and to attain tins
end either the rccklessness of their pur-
pose or the poverty Of their invention
has led these legislators OF 1879 to disre-
gard the best interests OF the people,
and to seek to recall TO life evils which
the convention OF 1872 considered SO
enormous that it was deemed necessary
to guard against their continuance
and repetition by a carefully
considered constitutional provision.
But enough, for the present, aS To this
point. ] pass 10 another, it strikes me,
Of greater practical importance. As has
been said, Il largo proportion OF the suits
brought in our courts OF record Tor the
recovery Of money do not involve $500;
and most of these are Tor less amounts.
4 poor debtor sued in the County or
Circuit Courts may expect an average
time of six months after judgment with
in which ne can make provision for its
satisfaction. He can safely look to the
proceeds of the next harvest, 10 win
ter's bark-pCcling, a getting out OF cross
ties, to the growth and lattenlng OF Il
head or two of stock. In other words,
the custom OF the country gives him a
chance to "loOk around or make a
turn or so" before he must meet the in
cvitablc, in the hands of a Sheriff. Not
so with judgments by magistrates. They
may ~ rendered within day, eXccu-
ton may issue at once, and the debtor
will find himself forced 10 face a COnsta-
bic a with II. ia. for any amount up TO $500
with no day OF grace and no oppOrtuni-
ty given 10 make some arrangement Ia
save his property from levy and sale.
Now. | am not the champion OF the
debtor class against the just demands OF
the creditor Class-but ] do say, serious
ly and cOnscientiously, that ] know
no greater injury which could be perpe-
trated upon an unsuspcctlng people
than 10 expose their business transac-
tiOns, their daily dealings, their mutual
debts and credits, 10 the sharp, quick
and incxOrable process OF dozen petty
tribunals, in each county, with jurlsdlc-
| tiOn reaching an amount far greater
than the value OF the visible property
Of those who are TO be the victims and
sufferers. ! have neither time nor pur-
pose to dwell upon this proposition.
The simple presentation will suggest all
details and examples which could be
cited to illustrate it. But trespass too
far upon your indulgence. Pardon me
for another word. lou have made the
provisions OF Senate bill No. Is session
OF 1879 fully known to your read.
ers. Adopted in the Senate by ma
ioritv Of twO-thiris and endorsed by the
approval Of the ablcst judges and
LAWYERS in the State, this bill was doub-
ly commended 70 the favorable cOnsid.
Grafton Of the House OF Delegates. BY
its terms all valid objections 30 the
County Courts and their jurisdiction
would have been removed; and this re-
suit could have been attained by a sim
pie legislative act, without the slightest
disturbance Il the organic law. But il
was feared that its enactment might de-
feat the adoption Of those precious
amendments; and So the bill was killed
The amendments, therefore, must be
regarded as substitutes for the rejected
bill-so far as the County Court system
is concerned, and this feature is added
to q discussion which, with your permis'
sion, propose TO continue.
ADIOs.
Sudden Death Of Judge Ketcham.
PlTrsm'EGH, December !. - Judge