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

selves, the men who placed them there
knew what they were doing.
The Eighth Article OF the Constitu-
ton. which contains the frame work oil
our County Court system, is conspicu-
Gus for this strange commingling oil
wisdom and unwisdom. But that artl-
Gle. nevertheless, was true exponent
of the sentiment OF the people upon the
judiciary system.
Thisiac willdemonstrate itself when
ever the masses of the people are called
10 the polls. 1t was the influence OF
public sentiment upon the Convention
that framed the Constitution that made
that article Just what it is. The same
diversity of opinion is again demon
strated in several counties which lately
voted on a new County Court bill.
There was in the Constitutional Con-
yention Just what there is to-day among
the masses OF the people, well and
stubbornly defined difference OF opinion
upon the subject OF County Courts.
There were, representatives from some
of the sparsely settled counties whose
constituents clamored for, and were de-
termined To have, a establishment OF
the old County Court system, composed
of Justices. There was another dlvls-
ion of the Convention who were willing
TO have a establishment OF the Coun-
~ Court, but on an improved plan.
They desired to have it presided over by
a man learned in the law, that would
render them more speedy, efficient and
economical.
We say that these two opinions which
were developed in the Convention, re-
Elected the exact sentiment OF the peo-
pie Of the State upon the subject. And
they probably represent it as well to-
day as then. Each party was so tena-
cious its "idea" that it was impossible
to harmonic upon a single plan.
The result Of this difference OF opin-
ion gave us the double or alternative
plan contained in the Sth Article. 1t is
compromise between the different
counties and sections of the State upon
this subject. II allows each county TO
take its choice OF one plan or the other.
Ii gives the Legislature a large latitude
in arranging and modifying the Courts
OF any county, which was thought nee
esslry in consideration OF the diyersi-
fed character and condition OF the diff
ferent counties. 1t is the best possible
adaptation OF system ot Courts to the
State that the wisdom OF the State could
devise.
Now we believe that while this eighth
Article comes nearest to satisfying the
whole people Of the state OF any that
can be devised, yet the mistake OF the
Convention was in putting into opera
ton i'm all the counties rs first choice
the abomiuable plan of a County Court
composed Of Justices. Ii they had estab-
lished the alternative or single Judge
plan in all the counties, and LETT those
counties which preferred the Justices
plan 10 change, we would not have had
dissatisfaction with the County Courts.
The single judge plan was cradaptcd
10 q majority OF the counties, and, IN
fact, to all, ii they could have been in
duced to think so.
But the justices county court-very
fifty though vulgarly termed the jackass-
and-twO-mulc system-was established,
as beginning, throughout the state.
Being once established, they will be
more difficult to dislodce than many
suppose. There are from ten to twenty
Justices and cOnstablcs in each county
who will make lively canvass against
any measure that contemplates their
overthrow.
They will probably defeat the consti-
tutional amendments. But in So doing
they will teach IA" proPica lesson which
they have needed 10 learn long since, and
that is, that the eighth article Of the
present constitution affords greater
latitude for any change OF the County
Court system than does the proposed
amendments. They will learn that in
this very article is found provisions to
meet the peculiar views AMI necessities
of every county in the State. In two
months after vote on the amendments,
# they should be rejected, each county
can 20 the Legislature with bill re-
forming the County Court to meet the
views oi its people. They can have the
Justices court, the single Judge Court,
the three Commissioners Court, or al
most any other Court they see fit, and
with lust about such limit of jurisdic-
ton as they desire. Surely, there could
be no system devised for 4 State with
greater latitude than this.
We are not prepared to accept the po-
sition that the people Of this State are
willing to substitute the Circuit
Courts, with their costly machinery,
their long delays and expensive trials,
for the more simple character OF tribu-
mails that may be constituted under the
present Constitution.
We have heretofore shown that to OBJ
tain a judgment in the Circuit Court on
note for $50 where plea Is filed,
would involve a cost Of a $3.50, besides
attorneys and witness fees. We regard
this as Il satire on any system OF iuris-
prudence. No people can afford to
stand it and none will submit to it
for any length OF time. 1t was
tried for ten years under the Constitu-
ton of 1858, and there was then
greater clamor for the establishment of
a substitute for the circuit court then
there ever has been against anything