Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-24
Some Questions Concerning the Proposed
Constitutional Amendment.


Correspondence Of the Register.
KINGwooD, w. Va, December -.
A well-written article appeared in
your paper few days ago, signed
"Adios," and the next day reply
thereto from Il writer in Grafton, signed
Next"
"Adios" attempts to show that great
mischief will be produced in the State
if the proposed constitutional amend
ment is adopted, because a defendant in
a case before Justice of the Peace will
be unable TO certify the case 10 court,
and thereby have the benefit of jury,
and sufficient time in which to prepare
defense, or 10 settle the plaintiff 5 de-
maIM. "NeXt" says the Legislature
can pass an act authorizing the transfer
of cases to the Circuit Court where the
Justice and Court have concurrent ju-
risdiction under the amendment, that is
where the amount in controversy is be-
tween $50 and $500; but he submits no
reasons for the assertion.
The Legislature has passed number
of acts authorizing the transfer OF cases
from the County to the Circuit Court,
where the jurisdiction of the two tribu-
nails is concurrent; one authorizing cases
which could originally have been
brought in the Circuit Court, and which
have been pendingin the County Court
more than one year, to be certified TO the
Circuit Court upon the motion OF either
party to the suit; and another author
izing that such cases may be
certified to the Circuit Court upon the
motion of either party, after twenty
DAYS notice TO the opposite party, when
such cases have not been so pending for
one year; see acts 1873. chap. 90. And
similar act for courts in towns and
cities, wherein the Judge can not pro-
perly preside see acts 1873, chap. Q. The
Code of 1860 contains similar provision
for certifying cases up to the Circuit
Court where the case has been pending
for more than one year in the County
Court.
The validity OF the above named acts
has never been questioned, so far as ]
am informed, and yet there seems TO be
no special authority delegated to the
Legislature TO pass such acts, either by
the Constitution OF 1872, or the Consti-
tuition OF 1851, the former merely giving
the Legislature authority to limit the
jurisdiction OF the County Court; and
the latter, TO modify and change its
jurisdiction.
You admit, for the sake OF argument,
that the Constitution of 1851 and Of
1872 specifically authorized the Lcgisla-
ture TO pass laws by which cases could
be certified from court Of limited juris-
diction 10 the Circuit Court in any case
that might originally have been brought
i'm the Circuit Court, and that the pro-
posed amendment does not specifically
authorize the Legislature to pass laws
by which cases may be certified from
the Justices court 10 the Circuit Court
when the suit might have originally been
brought in the Circuit Court. Is such
specific authority in the proposed
amendment necessary
II the Legislature can pass law by
which a suit may be brought and
proceeded in, either before justice or
tho Circuit Court, can not the Legisla-
ture pass law by which suit that could
be brought in the Circuit Court may be
brought before a justice and proceeded
in till the defendant appears, and then
upon the motion OF either party, or by
direction OF the justice, be certified TO
the Circuit Court, 10 be therein proceeded
in as if originally brought in the Circuit
Court?
Will "AdiOs" and other OF your nu-
merous correspondents please give their
views upon the above questions through
your paper2
Without entering into any discussion
Of the relative merits Of litigating pro-
perty before Justices, or in County or
Circuit Courts, it seems to me, at pres
ent, that upon the authority Of the Leg
islature to pass such laws as those above
referred 10 indicated, the decision Of the
people upon the proposed amendment
will hinge and that, if the Legislature,
after the adoption OF the amendment
can pass law authorizing the certifying
OF cases to the Circuit Court where the
amount in controversy exceeds fifty dol
lars, exclusive OF interest and costs, the
amendment is just what the people OF
the State need; but if the Legislature
cannot pass such a law after the adop-
ton OF the amendment, ! fear it would
prove unsatisfactory. inquirer.