Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-09-03
WHAT IS ABOLISHED AND WHAT
NOT

banks OF ANY tpulN
WHAT IS ABOLISHED AND WHAT
NOT.
The TYLER county Star devotes consid-
cradle space in its last issue to asserting
that some Of the positions taken by the
REgISrEE in reference TO the proposed
Constitutional amendments are wrong.
IL is scarcely probable that the meaning
and effect of the proposed notifications
in the Judiciary system will he settled
bv the dicta Of the Sidr or the REGISTER.
Whatever arguments we have all
vanced in this connection have been
based solely upon the text OF theamend-
mcnts themselves, ana it will not avail
ANYTHING for the S'dr 10 assert that Il
would be sublime audacity,' or that it
is "drlusive" to say that the
LEGISLATURE would do thus and
so. even though they hal the power
under the amendments. II is not safe
10 predict what a Legislature will do or
not do. What we are after Is, TO ascer-
tain what the Legislature has power to
10. and what notifications Of the
judiciary system are possible as well as
certain 10 follow the ratification OF
the amendments.
The fact We have tried most TO en-
phasizc in this discussion is, that the
most necessary and important mOditica-
tinns in our Judiciary system must come
through the legislature. This will be
SEQ whether hcamcndmcnts are adopted
or rejected They will avail nothing
toward reform unless supplemented by
legislative action. They 10 not give MS
a different Kind Of court but
more of the same kind. We have Cir
cunt Courts now, and We will have Cir
cult Courts without Il whit OF change
under the proposed amendments.
10 Circuit Courts are entirely satlsfac-
tory to the people, why do they not
flock to them now and abandon the
County Courts? That they resort to
the latter, however unsatisfactory, in
preference 10 the former is certainly no
evidence that Circuit Courts are the
thing which the people are demanding.
What we have contendel for and what
is apparent on the face OF the situation
is, that the people want an naProred
tribunal court reformed in its prac-
ticc. in its cost TO litigants and the PeO-
pie, in its dispatch OF business, and in
all the machinery OF which it is consti-
tutcd. And this, it Is apparent, must
be done by the Legislature.
The question Of importance just now
is. therefore, whether the Legislature
can best accomplish this reform acting
under the present constitution or the
proposed amendments. The Sar ar
CUES upon the assumption, which is
very general one, that the amendments
are absolutely necessary to get r,d OF the
County Courts. We have heretofore
shown, and do not care to 90 over the
ground again, that We can reach sub
stantially the same position, rs regards
County Courts, under legislative action
that we can under the amendments.
We will have County Courts il the
amendments are ratified. Those already
established or that may hereafter be cS-
tablished under the alternative plan are
undisturbed by the amendments. The
only material change IS in depriving the
County Courts Of their judicial iunc-
tons and constituting them Of three
commissioners with only police and tiS-
cal jurisdiction.
Under the Sth article Of the present
Constitution there can scarcely be- any
question Of the power oil the Legislature
To "altcr, modify and reform the police
and fiscal department OF the County
Court, 50 that II should be constituted
of three commissioners, il desired. and
with the same duties and powers rs pro-
vided under the Amendments. Then,
in regard TO their judicial functions they
can be so limited by legislation rs to be
merely nominal. As, for example, the
bin which was introduced in the LegiS-
lature last winter, provided that these
Courts should not have Original juris-
diction Of actions at law, except in cases
of assumpsit or debt, for the recovery OF
money due, where the amount demand
ed exceeds twenty dollars, and no ptsa
b. fled or 4rf,uV made 10 such reCOrGy.'
Thus, while under such a limitation,
they would have power to enter iudg-
ment by confession or default in any
case, there could be no trial Of a cd,es in
these courts. The distinction, there
fore, between these courts as they would
be modified by the adoption of the
amendment, and what they might be
made by legislative action, is SO :rifling
that it is hardly worth discussing.