The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-27
our WESTON LETTER.
The Narrow Gauge Road County courts
and thsReetat E1prcssions ofucinbeEsi
0f The LeRfIlatnn0. sEns

ton. OF local interest, and It's early com.
pletion Is longingly anticipated. That It
will bring our town into prominence and
active business relations with the outer
world must be conceded even BY those
who zealously opposed this important en-.
terprise in It's early struggles. Through
the indomitable energy and active united
cooperation Of tho company, to It's praise
be 1t remembered, we may now confident
ly expect to be brought within short
distance Of Clatksburg before great while.
There WILDE a meeting OF the Directors
to-day to take such steps as may be neces.
essary forthe furtherance OF the Interested
the road. Tho anxious interest in the rail:
road, however, has much abated, for the
reason that 1t Is now regarded as a fixed
fact, and for the further and more subStan.
tial reason that the "County Court sys.
tent matter OF more general interest
and greater moment to the Taxpayers and
people generally, has superseded It. Tho
I'LL engFOssing theme now Is the County
Court; and indeed our people have be.
come more than ordinarily thoughtful on
this subject, and their experience with this
tribunal and their observation OF It's oper-
atoms since It's creation have enabled them
10 reach Just and reasonable conclusions
Us 10 whether 1t ought to be- perpetuated.
They look at the matter calmly and dis.
passionately, and the lapse OF time since
tho adoption OF the Constitution which
raised It from It's unhallowed grave has, 10
a great extent, released them from the no.
litical Partially Of 1872
They now have the benefit OF about six
years experience, and the expressions Of
Judge Brown, Senator TAR, Senator John.
son, j. A. Bradtord,' Mr.. PennybaCker,
Judge G. ]. Stewart, Thomas Harvey and
A. n. Poundstone, are, believe, fair
and honest representation OF the views Of
their constituents on this important sub.
jeCt. Such views are the resnlt.of our sad
experience OF the workings OF this branch
Of our judicial department.
Tho logic OF Judge Brown is especially
convincing, and indeed, his viewsmust be
correct, and his argument can certainly
not be refuted. Allow Inc to quote few
OF his words on the subject, for In my
humble opinion, nothing more cogent
could be presented to men Of sense He
says in regard to our present judiciary: :
'lthink tho plan very DIGESTIVE. Thisis
a government OF law. Law is king here.
The power to administer law presupposes
q knowledge OF law. Hence judges should
be learnedIin law. Nothing affecting the
cardinal rights OF the citizen should be
left to rest inthe discretion Of a court OF
judge. II should DO regulated by law,
Hehoe 10 appoint Judge who does not
know anything about law is q practical
subversion Of the theory OF our govern.
ment. The very idea oilaw signifies rule
Of civil action, Axll and determined, and
that rule must he known and understood
before II can be administered. 1t can only
be understood after long years Of study
and experience. Judge Blackstone saysit
requires alucubration OF twenty years"
These views kept vivid before q Thought
full people, woulaof themselves, without
the MD Of an actual protraCted and impair
tial trial Of the county court system, abso,
Iutely condemn 1t. They are In perfect
accord with common sense and reason.
The idea that any individual who never
read law book could decide difficult
points oflSw, where there are many CON
| htCtlng rights and claims, Is pnqualiaedly
absurd. A person who had never studied
tho Gree K alphabet might just as well take
charge OF an advanced class In that Ian
guage. The blacksmith might with as
much propriety abandon his anvil for the
medical profession. Why, you, Mr.. Edi-
tor, would as well disClaim your journal.
istic responsibilities and adopt the scuin.
tors calling. What would Q county court
know about the legal sutticienoy OF a bill
in chancery, an answer or declaration
What would it know OF demurrer? Have
we county court in the State that is ia.
Ilpiliar with the difficult doctrine oil CON
tingent remainders or .eXeCutory deviscs9
Or have We a County Court that has the
capacity 10 investigate any Of these com.
lplicated questions9
Certainly not, But it is a matter Of
guess work, swayed, in many cases by IA.
Voritism for an interested lawyer. The
timo consumed by tho Court while q Jury
is held in attendance, 10 hear protracted
discussions by lawyers, OF points with
which n learned Judge would DO familiar,
and upon which he would not allow dis
cussion, incur an immense amount Of
costs uponthe people. Tho County Court
Of Lewis county is much better than
the average courts Of that kind, and the
only three cases which have been appealed
to the Circuit Court of this county were
reversed. Ono Of these cases was discuss.
ed before the County Court and a jury
three or four days on point that learn.
ed judge would have decided in one min.
ute. The County Court on this occasion
spent great deal Of time in hearing testi.
mony concerning what it had directed the
clerk to do at q former term. In other
words, 1t prooecded to supply record eyi.
dence by parol testimony,
1t Is to be hoped Mr.. Editor, that the
present Legislature will not adjourn with.
out making some radical change in our
judiciary, By which the present extensive
Jurisdiction conferred by our Constitution
upon tho County Court, will be delegated
to more competent hands.
EvERY MAY Tn HJr N,,,,SC