West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-08-14
rhc Amendment. Amin.

Amendments we do not wish to i'm
pute any improper motive or design
to the Majority OF tic gentlemen
who voted for them. We are dis
posed, in charity, IS attribute the
action Of many, whom we DC not
know by reputation, as honorable
gentlemen TO -istake. But, whether
Intentional, or otherwise, the Amend.
ments are handsomely sugar coat -
ed, - pretty much all through. Per-
hapa the coating is thicker on that
section providing for the increase Of
the justices jurisdiction, and sec
tion l3 of article 5, as amended,
providing for juries before justices,
han on any of the rest. There can
be no reasonable objection, we pre-
sumo, TO the increase Of circuits, and
Circuit Courts, eZePt that it is fool
tShneSs to resort to an on,caamcnl to
accomplish that result, when It
would, no doubt, be brought about,
OF course, under exciting laws, upon
the coming in Of the censns report,
by the simple increase Of popula-
ton.
Aa to the magistrecy This
change at fret sight, would promise
to treble the business Of the justices
and constaoles, and therefore is ex-
pected to appeal very strongly to
the selfshness Of candidates and as
pirant9 for those officers. And it ia
calculated to greatly multiply can
didates Tor those olIicee. 1t is very
agreeable to a certain class, who en-
courage poor men, who have a little
piece Of land, or a little more than
5000. worth Of personal property 20
purchase their wares and meIchan-
disc, or "sLrPIus' or "spare" arti-
cles, because it promises a channel
through which they can rush their
debtor with tolographic speed
They can sue, obtain judgment, Is
sue execution, levy, advertise and
sell, all the debtoy's personal estate
in from 80 to 20 days, at furthest !;
and if he has little piece of land,
the creditor can have his judgment
recorded, and chancerv suit inati-
tutedsto enforce his judgment lien,
inside twenty days from the date Of
the magistrates summons. But the
advocates OF the Amendments say,
20, he can appeal ho can carry the
case up to the Circuit Court" O,
yes, he can appeal If he can give the
bond to be cure be can appeal, if
he can find any one who is willing
to bind himself to "satisIy any juIg.
ment that may be awarded against
him (he debtoI) on the appeal
II it be plain action Of debt, or
aosumpsit, there can bo no doubt
about what the 3udymem will be.
Hence, the ability to give bondis, to
say the least, proplematice!.
As we have said heretofore, we do
not know what effect The adoption
Of the Amendments may have on
the law relative to certifying or
Sending up cases involving more
than 500. before trial. We have
said that some GOOD lawyers be-
lieve that law will still be kept in
force others may probably differ.
We do not care, for our part, which
horn Of the dilemma is taken, for
our objectiors will apply almost
with equal force. lit be the fact
that cases may still be sent up, be-
fore trial as now, then the probabil-
tiles are, that many more will be
sent up then than now; because in
many cases, the debtor avails him
self Of that means to get needed
time. Under the present system, be
can, at most, have but three months
if he send bis oas5 mp Immediately
on the rising Of trial term; then ,un.
der the same circumstances, he could
gain tour months, and 30 in proper
tiou, 80 that if that theory were
true, the reasons for transmitting eau.
ses to the court, for trial, would be
proportionately stronger than now.
But suppose, on the other hand
that that theory 10 not true-that
causes cunnot, as now, be transmit
ted to the Circuit Court before trial,
what will be the eituation Or tho un-
fortunate man Of small means who is
in debt and i5 sued in the Justices
court2 SOG destruction is upon
him, But he can appeal--3 he con
give secuyiy-if he can get some one
90 assume his debt-tbat is what it
is, virtually
The debtor ought TO pay bio
debts, that is true but be is new
tl 49,. -.t.tr.r r-f