West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1879-10-04
PROPOSED CONSTITUTIONAL
AMENDMENTS.
Editor Arms.

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Having In my letters heretofore, shown
what we may and may not do under or
present constitution, IL now remains Tor
as 70 inquire whether or not II will be
wise for us TO adopt the proposed amend
ments in order TO secure the changes
pointed out in my last letter, viz elm
creasipg the Jurisdiction of Justices OF the
peace from 500 to $500 and allowing
them jury when tie amount in contro-
versy exceeds $20,n Msny persons sup
pose this would decrease litigation, lessen
to considerable extent the expense OF
the Courts, and starye that class OF persons
known as lawyers. Let US see how that
.is, Why will It decrease litigation The
more convenient q man is to a "justice
shop" and the greater facilities you afford
him for gratifying his spite, or of re-
dressing wrongs real or fancied, the sooner
and oftener will he avail himself of il,
and therefore the more he will 90 TO law.
Give TO each district in this county two
County Courts, with juries selected from
the immediate vicinity, and instead of de-
creasing litigation you will increase 1t two
fold. But, some may say, II they want TO
go To law let them go. they will have 70
pay the costs, and it will cost the county
nothing. Let us see. Have you eyer
read the amendment giving justices jury
IL you have not, turn to page 1872 of the
Acts OF 1870, and under No. IL read Sec
ton 10. Now, do you find anything there
about who shall pay the costs But my
neighbor remarks, THAT the legislature
will make law saying who shall pey the
cost" If that be true, the legislature
may now make law compelling the suit
ors in courts TO pay the costs of the ju.
ries, for upon this subject the amendments
give no sddi tional powers.
Now, upon the other hand, instead of
lesseniDg the expenses of the courts, 1t
will Increase them, and at the same time
increase the taxes. Why Did you OBJ
serve when reading the amendment on
page 1872, giving to justicesa jury, the
following provision ?; "No tact tried by
jury shall be otherwise re-examined in
any case than according to the rules of
the common law" Than according to
the rules of the common law Now this
provision, right In itself, will make every
thing done before, justice null and void.
What does a Justice or any other plain
man know about the rules of the common
law Yet In the trial of every cause in
which . jury 10 summoned he must lie
governed by these rules. The result will
be that these pesty fellows, known as law.
Yers, will find their way 4 to nearly all
these trials, and the justice will make some
mistake, as theCouuty Court sometimesdoes
the lawyer will file his bill of exceptions
and present the record to the judge of the
Circuit Court, who will be bound, on ac-
count of that errsr, to allow supersedeas.
The case will then be brought into the
Circuit Court TO the exclusion of other
business, and khe whole matter gone over
again at the expense of the county, But
suppose 1t docs Increase litigation, sup
pose 1t does increase taxes, 1t will starye
the lawyer. Are you sure of that2 Let's
see. The lawyer goes out in the county
before the justice, for which he charges q
nice round'fee, then he gets record and
obtains q supersedeas, for which he
charges another fee, then he has to try
the case oyer again in the Circuit Court,
for which he charges third fee. So
you see he gets three cracks at the "blue
bottle" instead of one.
More anon, GEORGE GoRDoE.