The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-08-05


"stay laws" and the ratification OF thu
amendments would not repeal these "stal
laws" The time Of stay In q JUSTICE
court is now longer or shorter, as thu
amount Of judgment is larger or smaller
and there Is nothing to prevent future
Legislatures from adopting the stay lawt
to the change caused by the ratification
OF the amendments.
But, in the fourth place, Mr.. Mason OBJ
iects to the amendments because they pro-
vide for juries before justices courts,
which, he commended, would be expensive.
This would not add any expense
above that OF the present system. Now,
when matter is tried before q justice oil
the peace, and one OF the parties litigant
is dissatisfied he is very apt TO appeal, and
so the expense OF the Jury is increased in
the County or Circuit Courts, when, had
there been q Jury in the Justices court Il
Is more than probable the matter would
have ended right there.
Mr.. Mason's fifth objection is that
justices Courts will have TO be made
courts OF record in order to secure appeals,
because the amendment TO article Three
provides that no fact tried by ajury shall
otherwise be re.examined in any case
than according 10 the rules Of common
law"
This objection Of Mr.. Msson's, l do not
think, amounts to any thing, because in
cases in which parties anticipated an
appeal they could note what they con-
ceived to be errors.
Mr.. Mason's sixth objection is that the
amendments place the fiscal and police
business OF the counties in the hands
OF three commissioners. lie appears TO
think these three commissioners would
not represent every part OF the counties.
The object OF the amendment is for these
commissioners to represent every part OF
the county and TO legislate for the whole
county. Each one represents the whole
county and he is not circumscribed by dis
triCt lines, and his duty will be to admins
ter the fiscal and police affairs OF his
whole county impartially, not 70 the ad-
vantage OF the particular locality In which
be resides.
Three competent business men in each
county can arrange the fiscal and police
business OF county as well as ten or
twenty, and do 1t much more expeditions.
~. Then we have vast saving in ex.
pense. The three Commissioners, at
which will be termed their "levy term"
can transact their business in four days,
and all OF this at cost OF S24. Let US
see what the "levy term" Of the County
Court OF county with FIVE Msgisterial
districts costs: Ten Justices at S. day
for each, $50; President OF Court, 81; ag.
S34 per day, or SlS6 for four
days, being SIP above what the costs Of
the Commissioners will be, and counties |
OF ten Magisterial districts now |
pay for the "levy term" S272, an excess OF
S24S above what the Commissioners will
cost them. We have now six terms OF the |
County Court each year, each a great ex.
pense, while we have but four terms OF
the Commissioners Court each year, all
not costing as much as one term OF the
present County Court.
Mr.. Mason's seventh objection scarcely |
amounts TO anything. In this he objects
because the necessary legislation has not
been provided to carry the amendments
into operation, and contends that there
would be an interregnum between the
abolition OF the present article s in our
would take effect.
Now, the election upon the ratification
of the amendments will take place on the
9Th day OF October, and the officers elected
under the amendments will commence
their terms OF office on the first day OF
January. Now it is provided in the act OF
the Legislature authorizing the election
Upon the ratification Of the amendments
that on "the 18th day alter the election,
Or as soon thereafter as practicable, the
certificates OF election shall be laid before
The Governor, whose duty it shall be TO
therefrom the result OF said cleo
lion in the State, and declare the same by
published in some one or
more newspapers printed at the seat OF
II majority OF the votes
cast at said election be for ratification, the |
said proposed amendment shall be in force
and effect from the time OF such ratitiCa.
ton and be part and parcel OF the Constr |
tuition OF the State"
or course the present machinery OF the
State aud counties will 20 on as heretofore,
until the result OF the election shall be as.
certained officially, and this cannot be
done until the Governor issues his procla.
nation, and the Governor cannot issue
his proclamation until he has the certiH-
Gates Of election from all the counties.
This will assuredly bring the mat
ter very close to the first OF January,
so the interregnum will not be as great
as Mr.. Mason's fears lead him to antici.
pate. Everything will go on as at
present until the Governors proclama-
ton shall be promulgated, and Mr.. Mason
will still have County Court in the good
county OF Taylor to certify to the election
on the location OF the Court House.
In conclusion will refer again to the
convenience and economy OF increasing
the Jurisdiction OF Justices and OF author
izing juries in Justices Courts. Under
the present system, many OF our citizens
are forced to attend our Courts day after
day and term after term, for the purpose
OF getting their differences settled, when,
If the amendments be ratified, they will
have to spend but one day before JUS
tice. How many have to leave their busi-
ness at home and travel from ten TO
twenty miles TO the Court House, and
there await the pleasure or convenience
OF the courts probably for weeks,
when under the amendments their suits
can be tried by nelghboring Justice with
a little loss OF time and small expense.
In regard TO the expense Of juries before
Justices, about which Mr.. Mason COM
plains, It will be no greater than at present.
Every defeated litigantin our county pays
in each case So, Jury costs.
RUsrIcus.
The Solid Truth, General Hancock.