Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-07-07
THE SHORT CUT ON THE COUNTY
COURT


alternative plan Of a single judge, as
provided for under the Constitution,
are now preparingfor the campaign, and
the discussion is developing some inter
esting facts and figures in support OF the
one and in opposition to the other.
Among others, the three counties OF
Marshall Marion and Wetzel, will vote
on a bin next month for substituting a
single Judge for the Justices Court. In
discussing the bill from an economical
point of view, the Moundsyille CONNER
ciGl says:
One of the greatest arguments urged
against the present County Court sys-
tenn is its costliness. After examining
the provisions OF the new law proposing
10 establish a County Court for Mar
shall, Marion and Wetzel counties, we
are prepared To state that in the matter
of expense the proposed system has
much in its favor. Ii now costs Mar
shall county about $500 year Tor JUS
tees salary for holding the trial and
fiscal terms of our County Court. IN
der the proposed system the pay OF
Judge and cost of managing the fiscal
affairs of the county cannot, in any
event. exceed S54l. The salary OF the
Jud,e Will be 81 200, 500 OF which is
paid by Marshall county. This law also
provides that the three commissioners
elected under its provisions, shall re-
ceive two dollars a day for their ser
vices, DrOridsl, that not more than SIS
per annum De allowed any one commits
sion. This restricts the expense oil
managing the affairs of the county TO
the sum OF Sl44, and making complete
cost of Judge and commissioners OF only
five hundred and fOrty-four dollars.
This makes a saving to the county OF
nearly one hundred and fifty dollars
wear. Another feature OF economy IN
this law is the Jury fees. Ii Is estimated
that at least one-third OF the present
amount of jury fees can be saved by the
dispatch of business under the manage
ment OF a competent Judge.
But there remains another conSldera-
ton relative 10 this question, and that
is the efficiency of the Court. 1t Is a
fact that must be admitted by any one
who has taken any notice OF the pro-
ceedings of the present County Court
that a large per cent. OF the suits
brought in il arenever determined there
but are carried up to the Circuit Court
where an additional expense OF jury lees
is incurred. This delay in the trial OF
causes and heavy expense will be RENE
died To a great extent by the establish
ment of a competent Court, and hun
dreds Of dollars saved our people by the
consequent diScouragemeuto of dishonest
litigation. We trust our people Will
give this matter thorough inveStlSa-
ton, and If they do this We have no
fears OF this law not receiving their
hearty approval.
In discussing the same subject, the
Point Pleasant Register shows that in
Mason county, where they are to vote
on a similar bill, the per dicm OF the
Justices has been increasing from year
10 year, until in the year 1873 it reached
the sum of SSOLOO for the pay OF Justices
alone, which is almost as much as the
entire salary fixed for the Judge who is
to do the business for the three counties
of Marshall, Marion and Wetzcl.
There can be no possible question
that the single Judge plan Of County
Court is the cheapest that has ever been
devised or proposed in any state or by
any people.
There is no reason why it should not
be even cheaper than even 4 Justices
court where Il jury is allowed. \ Judge,
learned i'm the law, would dispatch bust
ness more quickly, and would in the
majority Of cases end the business upon
which he has once acted, while 4 JUS
tees decision is seldom final, but goes
TO 4 higher court on appeal.
Now, il in addition to the single
Judge plan, the Legislature were
called upon TO enact that
no Jury should be summoned in any
case i'm the County Courts except on
the demand of one OF the parties to the
suit entered OF record at the time OF
bringing the suit, or filing plea in de
fence. and that in all cases where no
such demand was made, it would he
understood that the parties had waived
a trial by jury, and theCasc should then
be submitted to and tried by the
court; such a court, So constituted,
would become the very ideal OF
economy and efficiency. They would
become the iavOrite courts Of the people,
where a man could 20 with his little
claim of twenty or fifty dollars, and
have il decided at once, without incur
ring much cost beyond the fees OF his
witnesses. Such courts would cOntln-
ually grow in favor with our people.
We would hcIrn more about the reor-
glujzation of the judiciary, the abolition
of County Courts and constitutional
They would become a
permanent institution Of the State, sim
ply because nothing better, nothing
more efficient, nothing cheaper, can be
suggested.
We take it that there is no man
So misery as to desire to
have the business OF three counties
performed by one man for less than
81 POO salary. And vet it is possible and
practicable under the single Judge plan,
% have it done, and we'll done, for that
amount. That is the amount To be paid
in the three counties named, and there
will De- rs good a man selected, perhaps,
As some that occupy positions on the
circuit bench.
We have heretofore stated, and We
still think, that it is entirely due to the
fact that this provision OF our ConstitU-
ton was ovcrlookcd-that the people
were ignorant of its existence, that the
dissatisfaction with the present
county court system has not
been QUOTED long since, 10y