The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-20
THE COUNTY COURT SYSTEM
Views Of Our Legislators on the
''-'"'.s. "a: Subject.
A Change Advocated and Desired.

The most important question that our
present Legislature will have before them
this session is the consideration Of tue
County Court system. That tho people Of
this State are heartily sick and tired OF our
present judiciary system cannot for mo-
ment I've doubted. From every county In
the State the cry comes up to abolish the
County Court and give us a better means
Of carrying on our judicial system
In order to present 10 our readers tho
sentiment olour Legislators upon this sub
ject, an ISrElLIGEEcGn reporter, on satur'
day, interviewed the legal talent otthe
House Of Delegates, and the President Of
the Senate and Chairman of the Senate
Judiciary Committee with reference TO
such plans and propositions as they may
have to suggest upon tho subject:
J. Il. PEXNYBAcKER, OF Pcndleton coun-
~, a member OF tho joint committee to
consider the proposed constitutional
amendment, was first called upon. and
gave his views rs follows:
REPoNER-Mr pennybacker, what po'
sition do you take in reference to our pres
Ont County Court system?
Mr.. P.-My first position is this: am
opposed to the County Court system ip
toto, but believing that the people will not
vote for an amendment abolishing it en-.
tirely, have offered bill to provide for a
County Court md Board of Commits
sioners for my county, but II an amend.
ment to the Constitution providing forthe
abolition OF the court can be carried be-
fore the people, l would infinitely prefer
1t to my bill providing for County Court
presided over by judge. ~.
Riff tho present system should be
abolished, what plan would you suggest US
an adequate means OF carrying on litiga-
ton in this State?
Mr.. P.-That tho circuits be increased
to an extent sufficient to give us quarterly
terms OF the same. .a
R.-Do you favor the plan, as suggested
to enlarge the jurisdiction OF Justices OIL
tho Peace? .....
Mr.. P.-I would favor the adoption Of 9
law increasing the Jurisdiction Of Justices
to $500 90. would also favor the estab
lishment OF Board OF Commissioners,
for each county, to attend to the police
and fiscal affairs.
R.-What have you to say as to juries
in Justices Courts?
Mr.. P.-I amopposed to giving Justices
juries.
wM. II. GUEN.
Our reporter next called upon. Mr.. Vim
II. Gum, of Mason county, Chairman o.
the House Judiciary Committee.
R.-Mr. Gum have you any objections
to expressing an opinion with regard tc
the proposed admendmentto the COnstitu'
ton in reference to the Judicial depart
ment.
Mr.. G.-Noile at all, sir. am in favor
OF three terms Of the Circuit Courts each
year, and abolition OF the Count Court
system solar as, It's civil and criminal
Jurisdiction extends, and / believe
prefer the Board OF Commissioners
system, three commissioners for each
county, for the management OF the police
and fiscal affairs. u..
R.-What have You to say with re.
ference to Justices Of the Peace?
Mr.. Go increase their jurisdiction
to $500, but am opposed to jurics before
Justices for several reasons, one
OF which is that neighbors would
be 80 frequently compelled Ia
decide petty disputes originating
among them in their immediate neighbour
hood that such system would, in my opin
ion, engender andperpetuate unkind feel.
ing, and tend more TO destroy the friend
ships that now exist than any system tha
could DO devised
R. DENNIS.
Senator Dennis, OF Greenbrier county,
Chairman of the Senate -JudiCiary--COm
mittee, says:
believe that thcre is sGmuch -dissatis
faction throughout the State with the
present County Court system thatit is bet
ter to submit the question of an entire
change OF our judiciary system to q direC
voteof the people,
Individually ain in favor OF abolishinp
the County Courts, except for fiscal pur
poses, but fearing that constitutions
amendment to the judicial system will
not pass the present Legislature, l am in
favor OF tho bill now pending before the
Senate reported by the Judiciary Commit
tee iavOrably, depriving the County Court
OF much OF It's original Jurisdiction.
In any judicial scheme which We might
adopt, should favor an increase in The
number OF terms OF court to be hold in
each county, and at the same time enlarge
the jurisdiction OF q Justice, with the
right OF appeal, in all cases exceeding ten
dollars, to tho Circuit Court, aud the do
Cision of the Circuit Court on aprca
cases from justices shall be final.
am not in favor OF giving justices OF the
peace juries II II can be avoided. Under
the provisions OF the present Constitution
the right OF trial by jury is given, when
demanded, in all cases where the amount
in CONTROVERSY exceeds so.
TIIos. j. BRADFORD, a
of Barbour County, n member OF the Judi
ciary Committee Of the House, and the
"Jim Ferguson" OF the present House q
Delegates, says: sI
l think that the circuits must be in
creased in number SO that the Circuit
Courts can do all Of the business TINT mas
come before them now or probably como
before them in consequence OF tho aboli.
ton OF the County Court. think that
the County Courts must either be wholly
abolished or their jurisdiction ,curtailed Sc
rs to destroy their jury and chancery jur
isdction. am in favor OF enlarging The
jurisdiction Of justices Of the peace, but
will not favor or advocate any measure to
give Justices iuriGs in the trial OF causes
I am in favor OF retaining that feature Of
the Constitution ip-relation To. that point.
That Is one sche,Re. Be-, as#..'. J..
Another scheme is, that there shall be
elected in the counties Of this State, one
for each county or for twoor more conhgli.
GUS counties, man 70 be called the coun-
~ Judge, to have the same jurisdiction
the County Court now has in the trial of
causes-a court similar to, this County
Court OF Ohio county. OF these two
schemes incline to the former.
Reporter-what plan have you to pro.
pose in regard to the management Of tho
police and fiscal Affairs OF the countips9 2