The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-20


there should be system Of Judiciary with
so large and comprehensive a power as that
Of the County Court under our Constitu-
ton, because II combines both legislative
and judicial functions. The County Court
Is an institution that belonged 10 print
tive conditions Of things. The gentlemen
who modelled the present Constitution and
insisted on tho restoration OF the County
Court had forgotten, or choose not to re-
member, that the free school had been
adopted in West Virginia, and that our
young men throughoutthe State had been
taught the principles Of government
through the fundamentally OF the town
ship system, which had brought the
principles Of the government in q
modified form down to localities and
communities. That the idea upon which
1t was originally founded was the
ignorance Of the people; that the peo'
pie living in the immediate vicinity OF the
Court House were presumed to have about
all the learning In the county. Therefore,
whenever the most insignificant PROPOSE
ton was to be made in any part Of Coun.
ty, they sought the county seat and the
vicinity OF the Court House rs u remedy
for that evil, before the free school sys-
TEN had developed different state OF al.
fairs. The gentlemen who were brought
to the surface by the political revolution
OF 1870, were not aware OF the advanced
condition Of the people. The County
Court is at present given both legislative
and judicial functions. 1t has, in fact,
more power than the Circuit Court, for 1t
has concurrent Jurisdiction with the Cir
cult Court, and some powers granted
by the present constitution that
the Circuit Court has not, and IS
Objectionable for that reason, because it
Is contrary to the recognized elements Of
political science, as developed by the
experience OF the presenttime. was OPP
posed to 1t and aided in its destruction In
1868. was opposed to it in the Conven-
ton OF 1872 at Charleston, and the most
extended remarks that made in that
Convention were in opposition 10 the re-
establishment Of that as q part OF the ju-
dicial system OF the State, and principally
in consequence OF the incorporation OF
that elementin theC Constitution, did | vote
against the Constitution that WIS proposed
by that Convention to the people OF the
State. am OF tho opinion thatth0 duties
OF that body for the government Of
counties Is entirely inconsistent with the
idea Of township or local government,
which by no less distinguished states
man than Mr.. Jefferson, was declared TO
be the most perfect system for the govern
ment OF man that had been devised by the
law OF man.
Like the old Senator who closed every
speech with the expression s'cditlGgo deIell-
da est" so will close every speech that the
County Court must be destroyed. Whether
or not my ideal OF local government to-
wit: the reconstruction OF the township
system, can be effected or not at this SEES.
sion OF the Legislature, l have not much
hope, but still am willing to adopt any
measure which takes away from that tri-
bunal common law powers in the Trial Of
cases TO be determined between man and
man.
THOMAS II. HARVEY,
OF Cabell county, a member OF the House
Judiciary Committee, and framer OF the
joint resolution proposing an amendment
to the Judicial Department OF the State,
says:
| am in favor Of three terms OF the Cir
crease the circuits SO as to give the civil
and equitable jurisdiction all TO the
judges. ] am in favor OF the abolition OF
the County Court, and OF the establish
lishment OF a Board OF Commissioners,
three in number, to be elected BY the peo.
pie Of each county, to have the control OF
the police and fiscal affairs. would pro-
pose an increase OF amount OF the iuris-
diction OF justices OF the peace, and allow.
ing them q jury OF six, when demanded by
the parties to d suit, the costs OF such Jury
to be taxed in with the costs Of the case,
and to be paid by the litgants In refer
ence to those counties that have County
Court presided oyer by Judge, and u
Board OF Commissioners for the manage.
ment OF fiscal affairs, would DO in favor
OF allowing them 10 retain such court
until such time as they may see fit to adopt
any amendment that may be adopted by
the people.
I J. A. EWING,
Of Marshall county, member oil the House
Judiciary Committee, endorses the plan Of
Mr.. Harvey. @
wM. A. PARSONS,
Of Jackson county, a member Of the House
Judiciary Committee, says: The law is n
science, and as such embraces wider field
Of learning than any other science We
have. It requires years OF reading and OK
perienCe to become proficient in tho law.
1t is not, therefore, to be supposed that
court composed OF gentlemen unlearned
in the law can administer 1t in s0tisiac.
tory manner. Our County Courts, US n
rule, arc composed OF men wholly mex
pericnCed in law business, and in a great
many instances with limited business Gu
pacity. Hence it is not amatter Of surprise
that there Is such general opposition to
the County Court by our Citizons. There
Court should be abolished the question as
to what would be the best substitute
arises; l do not think that We require
any intermediate court, for the trial OF
causes. Increase the number Of circuits to
fifteen; retain the County Court as a po-
lice and fiscal tribunal, .okwhiGh would
perhaps be better; give us Board OF
Comnissto In each county; composed
OF three members, 10 manage the police
and fiscal affairs OF their respective eoun-
tics; let the Clerk Of the Circuit Court in
the vacation OF such court have the power
to dispose, Of the, probate business, &c,,
with The igh 1 of appeal 10 Die Court In.
crease the Jurisdiction Of tho justices to
500, with right Of the justice to 6mpannell
ajury Of six, and preserve intacttlfe right
OF appeal This would wAkea simple and
neat system, ! and a cheap one, mid one
that would suit the genious OF our people
much better than the one VIC have at pres.
ent. think that constitutional amend.
rnent proposing tho above system, or one
similar 10, il, would rbe adoptc4 by tho
people by,a very large majority. -
f. a a. a So, s1.,--