The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-10-02

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whole legal field, law and chan
Gerry? Is it competent for the de-
cision ofth endless legal questions
arising on declarations, bills in
chancery, pleas, answers, demur-
rcrs and other pleadings, bills Of
exceptions, instructions to juries,
and the construction of written in
strunents, matters arising every
day in court? Is it competent to
decide the endless questions as to
the competency Of witnesses, and
the admissibility of evidence before
jurics. Can it handle juries, in
struct them, supervise their YER
diets, and act on motions for new
trials? Is not a juror himself just
as able 10 do these things rs a JUS
tice? We assert that the County
Courts are not competent TO dis
charge these important and difficult
duties from want ofeducation and
experience in the line Of the law,
however honest and fair they may
be, and we say nothing against
their honesty and fairness. Hence
the long terms of these courts, the
linterminablo. contests ut the bar
over these questions, consuming
time, nj the public expense, for
magistrates, iuries, witnesses and
suitors, wait on them at heavy ex-
penscs. They cat ont the sub
stance Of the people, they are in
efficient Notwithstanding they cost
so much, and their decisions are
held so little as authority, that they
are appealed from after costly trials,
are rcrerscl, and must be gone over
again. Why not start in The Cir
cult Court? Now We have four
courts in our system, the Justices
Court, County Court, Circuit Court,
and Court Of Appeals. There are
too many courts. The amend
lnent proposes only three for
law business, the Justices Court
for cases of debt and personal prop,
erty not exceeding $500 in amount,
the Circuit Court for general
Jurisdiction, and the Court Of APP
pcals. But the amendment does
not wholly abolish tile County
Court. 1t retains it, not for law
business, but for business for which
it is well suited. The County
Court, as it will exist under the
amendment, is composed of three
commissioners, elected by the vot-
crs Of tho whole county, not by
districts, for six years, who are to
receive - per day while in court,
instead Of $3 and 81, the pay Of the
County Court at present, and they
hold four short terms per year. 1t
has jurisdiction Of proof Of wills,
appointment Of personal rcprcsen-
tativcs,g guardians, curators, commit
tees Of insane persons, the settle
ment Of their accounts, and Of all
matters relative 10 apprentices. 1t
has superintendent ftheinternal
police andtIiscal affairs Of the coun:
ty,I including the establishment
and regulation Of roads, ways,
bridges, landings, ferrys and mills,
with authority oilay5and =disburse
the county leyy.-1tis the Judge
Of the election, qualifications and
returns Of lis own members and Of
county and district officers. Thus,
there is left 10 the County Court
by the amendment q very impor-
tant jurisdiction, one for which il
is reasonably competent; only its
power 10 Try causes is taken away.
The powers left it are certainly
large enough; those which it now
has are beyond question too COM
Iprehensive, important and difficult.
as 10 economy, at present there are
six juries per year-four in the
County and Two in the Circuit
Court; under the amendment only
three, thus dispensing with three
jurics and theper diem Of magistn-
les holding long trial terms. There
will be five more judges, but their
salaries are cut down from $1,000
II 800, and paid ont cfMe State Ttca-
sury. The annually saving in jury
service md pay ofjustices, taking
into consideration the increased
number Of judges, must be $4,000,
besides costs Of Of witnesses and
suitors' attendance.
It is objected by some that the
Jurisdiction Of circuit courts under
the amendment is limited to cases
at law where the amount in contro.
vcrsy is $50 and upwards, and that
no jurisdiction below that sum can
be given. This is not correct, for
!, the amendment, after declaring that
circuit courts shall have jurislic.
ton in law cases where the amount
in controversy is $50 or upwards,
and in II long list of specified sub.
jects of Jurisdictions, foresceing
that in tho future it might bc nee
essary 10 give Jurisdiction in other
cases, and TO diminish or enlarge
ii, closes its 18th section by giving
the Legislature discretion to do 50
by the following language; "They
(ths Circuit Canrts) shall also haze
such other jurisdiction, Thether super
uisory, original, appellate or concurrent,
as is. or nlau De. prescrilel BIZ nlr.n