Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-07-03
COMMUNICATED.
AMENDMENTS TO THE CONSTI
TUITION.

TUITION.
Mr.. Et!itor-I have noticed in sever
al numbers of the Register communlca-
tons advocating the proposed amend
ments of Article VIII of the Constitu-
ton of West Virginia, which article de-
fines the jurisdiction and duty OF the
Courts. The advocacy seemedto hinge
on a supposed economy OF the proposed
! amendment.
In order to weigh the existing, with
the proposed change, in our judicial
system, both should be carefully exam
ined before substituting the one for the
other.
In what have to write will be with
careful impartlality. There is broad
remark applicable to the courts OF this
country. They all need reforming. The
courts have changed least OF all the In
stilu,ions brought down from the Colo
MES, and in the courts the maxim "time
is money" is completely annulIed.
But let me compare our contemplated
change TO see if it is likely to improve
our system of jurisprudence. In the
first place there is logical presump-
ton against every change, which must
be combated by the advocates of change,
FOR not every change is beneficial re-
form. Another preliminary must be
considered. There is strong tenden-
CIV on the part OF the thoughtess voter
to favor every proposed change, taking
for granted that the change must be
good or it would not be proposed. The
world is full of the credulous who rath-
or act than consider, and who use other
peoples brains more than they do their
own The Court of Appeals will be
passed over, as the changes are inslg
nliicant.
There are now NINE Judges of the
Circuit Courts in the State, and are re-
quircd 10 hold two terms in each county
annually. The Amendment proposes TO
increase the number to thirteen, and re-
curing that three terms be held in each
county annually Here is an increase OF
four Judges and one extra session above
what we now have, with all the Incl.
uellldl GALA Z! pCIIoNo'
Ii was urged at the time the present
Constitution was adopted that it was
LAWYERS Constitution. II that was Oh
itclionally true of it, then how much
more emphatically true is 1t of this fee
making amendment, with all lis addl
tional tax upon the time of litigaDts,
witnesses and jurors. 1t is great Diet
riment as it now is to the business OF
farmers, mechanics, laborers and rner-
chants, 10 have TO come twice TO the
County Seats to idle away their pre-
cious time az jurors or witnesses at a
normal sum. Three terms will increase
that legal draft on their time, so will it
increase the expenses Of the Circuit
Court one third. Terms will not be
propurtionately shorter as they are in-
creased in number, for it is well known
fact that the greater the opportunity tor
doing any thing the greater Will the
opportunity be embraced.
There has been no demand of the
people for al increase of Circuit Judges
or that there should be more terms OF
their Courts. 1t may be, and doubtless
will be, an advantage 10 the practicing
lawyer, for it gives him one more run
of burrs in his milan exquisite sub
tility.
The County Court is TO be abolished
by the amendment, and its jurisdiction
parceled out between the Circuit Court,
the Justices Of the Peace, and all organ
lied Board of three Commissioners.
There is much objection TO this prop
osiliou Oh the ground of expenses. The
Justices Of the Peace are to have juris-
dic,ion in Sums of three hundred dollars,
with jury of SIX, and to be in session
all the time. So at all times and at the
same time any of our fourteen Justices
of the Peace may summon Jury TO try
a case. SO that it is possible that there
may be fourteen juries sitting simulta-
neOusly in the county, requiring eighty
four Jurors called from their ordinary
business each week day in the year.
And when the case is tried, il Will go
up on error to the Circuit Court This
business looks profitable to somebody,
but not the taxpayer or litigant.
Now, we come 10 the Commissioners
who are TO have the Fiscal concerns Of
the county under their control and man
agement, together with matters per.
tanning TO Courts of Probate; also under
subsequent Legislation TO have the con
troll of Internal Police. The three men
to be elected for two years, after the
first election will be petit sovcrcigns in
the county. They will both levy the
taxes and spend the money after it Is
collected. They will havepower TO ''es
tablish and regulate roads, ways, bridg-
es, public landings, ferries, mills, grant
Licenses, &c, &c" | cannot see any
saving of expense in the establishment
of this imperial court, into whose con
troll tie management of the affairs OF
the county is to be so unrescrrcdly con
iided. Under fiscal management they
might buy stocks, or invest county
stocks, or other securities, with hand
some pirate accruings With all the
public patronage, what an elegant pros
pect for jobs What nice thing il
will be to be cousin or political friend
to Que of these tri partial Commission
ers.
Experience will show, if adopted, that
the proposed remedy will he worse than
the disease. II is only seeking to get
rid of what is defective from its present
construction, the county court, but what
is in itself very desirable; but from its
organization popularity Objectionable.