Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-19
DOES THE AMENDMENT ABOLISH
THE OHIO COUNTY COURTf

\ majority for ratification, and IL So We
will soon find ourselves in the midst oil
some very curious and complicated
questions, as We have heretofore Ire
ouently indicated. To use vulgar
phrase, the State will have an elephant
on its hands Of very huge dimensions.
II tbe amendments are declared to be
ratified. there will be an interregnum in
the courts for an indefinite period.
There will be no more court, at least
until the Legislature assemblies. and I'M
less it is differently constituted BODY
from the average Legislature, it Will be
difficult to speculate when We will have
any more courts. The people VIII nave
time TO discover that the relief they
have sought does not come through the
amendments, but depends almost wholly
upon the Legislature.
A very nice question, which espe-
cially affects Ohio county, is to deter
mine whether the existing County
Court OF this county is or is not abol'
,shed by the Amendments, and whether
this county shall have the three Com
missioners provided for each county I'M
der the Amendments, or the fiscal trlbu-
nal which already exists. The prevail
ing impression seemed TO be that this
county was excepted from the general
provision regarding the election OF three
Commissioners, and they were not voted
for except in one district, where three
candidates were placed upon the
tickets and received small number OF
votes.
IL any one will take the pains to care
fully examine the provisions OF the
amendment to the Eighth Article, and
the changes through which it passed in
the Legislature, he will find it very dill
ficult to discover any express or implied
provision abolishing the County Court
OF Ohio county, or any other tribunal
in the State OF like character.
1t evidently was not the original IN
tention OF the Legislature to abolish the
County Courts which had been esta6-
lished by special act. The original form
Of the amendment rs reported by the
committee to the Legislature, expressly
retained and excluded from its opera
ton, such County Courts as had been
formed, or might hereafter be
constituted under the Thirty.fourth Sec
ton Of the Eighth Article OF the Consti-
tuition OF 1872, as in the case OF the Ohio
County Court. This Nineteenth section
of the amendment will be found on page
227 of the Senate Journal, and reads as
follows:
SEC. 10. The Legislature may establish
courts of limited jurisdiction within any
county, incorporated city, town or Will
age, with the right OF appeal to the Clr-
cult Court, subject to such limitations as
may be prescribed by law; and all courts
OF limited jurisdiction heretofore estab-
lished in any county, incorporated city,
town or village, shall remain rs at pres.
ent constituted until otherwise provided
by law. Such courts as have been here
tofore established by the Legislature un-
der and by virtue of the Thirty.fourth
Section OF the Eighth Article OF the Con-
stitution of 1872, shall remain and con-
tinue as at present constituted, until
otherwise provided by law.
Rhe above, we say, is the section IA
originally reported to the Legislature,
and which, in fact, passed the Senate.
There can be no question about the fact
that IL the section had remained as
above, the Ohio County Court and all
other such courts would have been re
tainei. But when the amendment got
into the House, opposition was made to
it by the Ohio delegation OH the ground
that as the proposed amendment pro-
vided two circuit judges for this county,
and as the city OF Wheeling was already
provided with a municipal court, Ohio
county would not need her County
Court.
A motion was made by the Ohio
county delegation TO strike out the lat
ter part OF the above section, which was
resisted by the friends of the County
Courts established by special bill, and a
long fight ensued, which resulted in
modifying the 10Th section, but this sec
ton still provides that "dN courts Of Inn
tied jurisdiction heretofore established ~ any
cmu.iy, incorporated city, toTn or riHa9e,
slaP remain as at present constituted until
othersiss prorided By lar"
Now the question is, is not this 10Th
section still broad enough to exclude the
County Court OF Ohio county and other
like tribunals, from the operation OF the
amendment? What will be done with
the clause above quoted and which is
now part of the amendment What
does it mean, il it does not include the
courts heretofore established by the
Legislature under the 34th section OF
the Sth article of the Constitution?
What are they but courts OF limited
jurisdiction in any county"
II may be argued that the intention OF
the section was to permit the establish
ment of courts of such character as that
of the Municipal Court OF Wheeling.
But We have shown conclusiyely that
in the original construction OF the sec
ton the objec. was to retain the
County Courts established under the
plan. That part OF the Sec
ton has never been changed from the
original text. 1t is quite broad enough
10 include a County Court. 1t does
not specify such courts only as may be
'in any incorporated town
DR. city," as does the constitution Of
lS7e, but such courts may be establish.
"a "n any county, incorporated city, &c"
tn -. I,ll