The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1880-12-22
How 10 CurtaiI Costs in the Cir
emit Courts.
Wheeling Register.

Visa pNllitluSllt w NiS IIuOplV VI viz
State unless the cost Of litigation in
the Circuit Courts is reduced.
The people cant stand it, They
ought not to submit to it. There
should be a universal demand upon
the Legislature to reform this evil.
We are under promise to point ont
how this may be done.
We begin with this Elephant ofour
court practicable Jury system.
A reform here might save the State
% per cent. Of the cost of our judicial
system. 1t would save % per cent.
of the cost to the litigant, and con-
stitute a gross saving of so per cent
Of the expense of nearly every term
ofcourt held in the State.
Our jury system-or rather the
abuse of our jury system-adds $500
per day to the expenses of a term
Of court. Somebody pays it.
While twelve men, at an expense
Of $500 per day, are trying a case
involving $1,000 there are twenty,
four other men, at an expense of 1885,
90 per day, standing by looking on.
Thus it costs s54 90 L, find out who
is entitled to the $4,000 provided the
case does not occupy more than one
day-that is, $500 for jurors, exclu-
sive Of the other costs. Somebody
pays it.
Now, what is the remedy?
We recognize the fact that in view
Of the constitutional provision secur.
ing to parties The right of trial by
jury in cases involving 800 or more,
any limitation put upon the use Of
juries must be voluntary.
But we also maintain that custom,
and not the convenience or prefer
ence Of parties makes trial by jury
the rule in our courts instead of the
exception-that in few, if any, other
States in the Union, is the use Of
juries in the trial of cases so common
as in West Virginia; that we run in.
TO lavish expenditure Of money in
this regard without a thought of
economy and as though itwere a dire
necessity; that if parties were in each
case directed TO choose and were adj
vised of their opportunity and right
to choose between involving them
selves in the expense of u trial by u
jury and the more economical meth
cd of q trial by the court, there would
be fifty or seventy-fve per cent. less
number of trials by jury than now;
that in fact there would be a saving
to the people of from fifty to seventy
five dollars out of an hundred on the
present cost of our judiciary system
And we hold that no man who has
confidence in the ability and integri-
ty Of the Judge who presides over the
court, will ever choose jury TO try
his case, unless he.is seeking to ac-
quire something to which he knows
he has no legal claim.
Now, therefore, in order to a vol
untary elimination Of the jury from
The courts, we would incorporate in
to the practice of the courts substan-
tally the following rules:
l, That no jury should be sum
moned into court except on demand
of party to pending case,
2. That every party at the time of
instituting a suit, or filing a plea in
defense, should enter upon the record
either demand or waiver Of a jury
for the trial.
3. That prior to each term of Court
the Clerk should prepare two dockets,
one Of which should contain all the
cases in which a jury had been de-
manded, the other, all the cases in
which a jury had been waived.
4. That upon opening the term the
Judge should take up the docket of
cases III which no jury was required
and complete itbefore any jury should
be in attendance upon the court, az
ter which he should proceed with the
jury trials exclusively,
We give these four rules as the
out line or Skeleton of q plan thst
would accomplish what we claim.
They would neither abridge nor in
terfere with any constitutional priv
ilege. They would cause q limita.
tion in the use of juries, and conse-
qucntly reduction in the cost of
litigation to the parties and to the
people Of at least fly per cent. They
would make our courts, instead of u
burden and burlcsque tribunals in
which parties could obtain redress
without paying more than it is
worth. They would grow in the re
spect and confidence of the people,
simply because men would soon learn
that it is safer and more sensible TO
confide the administration of justice
to one man of ability and integrity
than to twelve iguoramuses. Lit.
giants would be apt scholars, too,
when they were brought to reflect
that the difference between the cost
Of justice administered by the former
and the latter was in the ratio of
one dollar to the judge against twelve
to the jury, or one dollar for justice
and twelve dollars for a jumble.-
But there is no constitutional diff
Guilty in putting the whole tax Of
tho ;n,,, rc,o,l ,r - ,o,t -, -.