Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-03-31
COMMENTS OF THE WEST
VIRGINIA PRESS.
Not for Tnden

Fairmont Index.
A correspondent OF the Wheeling
REGISTER, who writes from Weston
and signs himself "Aristides," says "the
Democratic masses Of West Virginia are
Tor Samuel J. Tilden" as their next can
didate for President. We respectfully
beg leave to differ with Mr.. "Aristides. y
We do not know OF a single Democrat
in this county and not more than three,
counting "Aristides," out OF il, who are
in favor of the nomination OF Mr. Til
den, but We have heard number say
that thev would not vote Tor him II nom
mated. From our standpoint It will be
a difficult and dangerous work 10 ma
nipulate West Virginia for Mr. Tilden,
or make him the candidate in 1880.
Let us hear from our Democratic
friends throughout the State on this
subject.
Senate Bin No. 10.
Correspondence Greenbrier Independent.
| was Glad TO see in your last issue an
editorial from the Wheeling REGISTER
commenting favorably upon Senate bill
No. IS.
This bill amends and re-enacts section
5. ofchaDtpr Is, Of the Acts Of 1928,
entitled IAN act providing for County
Courts and defining their jurisdiction. -
The bill passed the Senate with great
unanimity, but was defeated in the
House OF Delegates. This, think, Is
TO be regretted. So far as l can learn
the Constitutional amendment, recently
adopted by the Legislature, meets with
but little favor. There would have been
no necessity for il had this bill become
q law. Under the bill (NO. ~ the
County Courts would have had Iurls-
diction OF all matters Of probate, the APP
pointment and qualification OF cXccu-
tors, guardians, &c, and the settlement
cf their accounts, OF all matters relating
10 apprentices, OF cerliOrdrj, OF cases OF
bas;ardy, of all criminal offences below
the Grade OF felony, OF all motions and
other matters made cognzable by
statute, of all police and
fiscal affairs, dc. But said
Court would have nOjuriSdiCtiOn OF suits
in equity. suits Tor divorce, lby-the-Oy,
it has no jurisdiction in divorce cases
now. Tor partition or for sale OF lands OF
infants or others under disability, nor
in actions at law, except in cases OF debt
and asSumpsit where the amount cX-
ccrds twenty dollars, and no plea be
filed or defence made II plea De filed
or defence made the case must he re-
moved 10 the Circuit Court for trial. II
this bill had become q law all causes oil
complaint against the County Court
would have been removed. The adj
vantages of such bill are obvious. Our
judiciary system would have been lett
- il Is; the County Court composed a.
now, and no radical change in the Laws
would be necessary. The costs, delays
and vcXatiOns OF the County Courts
would have been avoided.
The only trouble was, would such a
law be constitutional? Original jUris-
dictiOn is conferred upon the County
Court by section p, article 5, OF the
Constitution. After conierring jurls-
fiction, the section says: But the
iuris tn 3D. t'.,. EDuuty Court shall
subject to such limitations as may be
prescribed 10y law And the section
which conicrs original jurisdiction up
on the Circuit Court says: at shall
have such other original jurisdiction As
NAV be- prescribed bv law Constituting
the two sections together, it is held hy
some OF the most eminent judges and
Lawyers in the State that the bill
was constitutional. The jurisdiction
ui Court may Ice IMitd
hy dcpriviug it Of jurisdiction in
certain matters. We speak of 4 court
Of Iumi.d jurisdiction rs distinguished
from court Of general jurisdiction. To
limit, is "tO circumscribc, TO cOniine, 10
restrain. b restrict" To restrain, is
10 withhold, to debar, to prevent, to
hinder The county court now has
original jurisdiction in "all actions at
law, where the amount in controversy
exceeds twenty dollars, in AL cases OF
hri.Js corpus, guD ,"drrdEtO, WdHddHtH",
&C. Now, deprive it OF Its jurisdIc'
tiun in c'srs OF g,tO wdrrd',to and, 10 that
extent. i, is a limitation.
Ii this is not the proper construction
Of those words in the Constitution,
what do they mean
How can you limit the jurisdiction in
eases uE hdbs1S corpus, quo ,r0rrutD, I"d"'
d1mis, prohibition, Certiordri, and the
appointment of guardian and the set,
t.cmcnt OF his accounts, unless you dc
priyc the Court OF jurisdiction in such
eases? Will YOU say that the County
Courts shall only appoint male, and not
female guardians, or shall make only
partial settlements of their accounts
VII, You say that the writ of hUL.Gs cor
pas shall only be- granted 10y the County
Court when the person applying for II
is uu,aH;ully detained by constable
and that the writ shall not be granted in
any other case, and thus limit the juris
dirtion Of the County Court? Thi,
would be nonsense.
But one case in the supreme Court
decides the question, and, rs an expert
mcnt, it is worth trying. So conclud,
that from my standpoint, it is to be re-
GREETED that the House Of Delegate,
failed, or refused, to pass Senate Ill
No ~
II the Constitutional amendment j,
defeated by the people ut the next gen
rral election, | have no doubt that Sen
ate bill No. IS, or some similar bill, vii
be- passed by the Legislature, and thu,
every desirable object in reference e
County Courts eau bc secured.
Yours truly, H. I. u.