Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-11-09
THE CONSTITUTIONAL AMEND
MENTs AND THElh OPEnA'
TION.

M NI5 AMI
TON.
We would be pleased to crafty the
growing eagerness throughout the Slate
10 understand the exact operation oil
the Constitutional Amendments upon
many questions, il it were possible Tor
US to give an authoritative, or even con-
elusive opinion upon the matters IN
volved.
We recognize the difficulty OF any
man in any position, satisfying puohc
INQUIRY upon the more important and
pressing questions arising under the
amendments. Lawyers hesitate to ex-
press an opinion because they perceive
that there is good ground for a dliler-
ence of opinion which a decision OF the
courts might with equal propriety set
tie one way or the other.
Upon two or three OF the more im-
portant points involved, we have here
toiore taken occasion to express an opin-
ion, which We do not yet find any rea-
son to change.
l. We believe the amendments, II
ratified, will take effect and be in force
from and after the 18th day OF October
last.
.. The County Courts established
under the Constitution OF 1872, except
ing those established by the Legislature
Lv virtue of Sec. 81 Of Art. s, ceased to
exist, either for judicial, police or fiscal
purposes, from and after the 18th OF
October.
5. The Judges OF the Circuit Courts
who were in office at the time OF the
adoption of the amendments, are con-
tinued until the lst OF January, and
can continue to hold (at least special
terms OF courts until that time, and all
actions, suits and proceedings with GER
tain exceptions, pending in the county
courts at the time OF the ratification oil
the amendment, are now properly
cognizable By the Circuit Courts, as II
they had originated in said Circuit
Courts.
4. Phe County Courts composed oil
three commissioners, provided under
the amendment, is now an established
court in each county, and it is author
lied to hold four regular sessions IN
each year cat such times as may be fred
upon and entered Of record by the sad
court"
5Uniortunately, however, the Act oil
1879, providing for submitting the
Amendment, declares that the terms oil
office Of these Commissioners shall not
begin till January /. The Courts are es-
tsblished from the date OF ratification,
but the officers of the court are not, I'M
less it can be said that the Get in ques-
ton is in derogation OF the terms oil the
Amendment itself, which establishes the
new County Court from the day OF rati-
fcation.
This is one OF the most important
features OF the Amendment. The old
County Courts are abolished; the ne"
County Cour;sare invested with author
ity to "judge OF the election, quaiihca'
ton and returns Of their own members,
and of all county and district officers"
Unless this new County Court can
sit, we do not see how the county OIL
GERS elect are to qualify within the limit
of time prescribed by law.
The amendments seem to have been
adopted. Whether they have been rat
flied by majority ofthe qualified voters,
in such a manner as to make them
part OF the organic law, may be said still
to be an open question. 1t is mooted
that before the Governor acts in the
matter, the question OF a legal ratihca-
ton may he raised in the hope OF get
ting rid of a long series OF complications,
but the probability is that We will have
to stand up to it.