Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-26

JUDGES HOLD COUhIS In TIE
NEW CIRCUITS UNTIL JANUA-
ny FIRsTp
Correspondence Of the Register.
FAIRyoSr, October %.
I read in to-day's REGrsrek an inter
esting article from MIR. WIN. r.. Arnold
in relation "to the existence OF the
courts, now that the amendments nave
been ratified" and / think the positions
taken by him are well founded, save
VIII. N he saws the old Judges OF the
Circuit Courts are expressly continued
in office by the tenth section OF said ar
ticle. and have power TO hold their courts
until the LIST of January. 1881, When the
newly elected Judges take office.
/ do not think the tenth section car
ries out that opinion. Ii reads
1.-THE Judges of the circuit courts IN onIse
when this article takes enect snai! Ie"s'.
therein until the expiration oil the Term ioi
which they have been elected In tile cienls
an IA hieh they may respectively reside, Unless
sooner removed ~ Aforesaid.
Now take the second circuit, compos-
ed of the counties OF MononsAiia, Ma
RON and Harrison, ii Judge Fleming
hal been defeated by Mr.. fiagans, ne
would, under that section, unquestiona-
Lly be the Judge Of this circuit. because
he resides in Marion county, from the
date of the ratification OF the amend
ments until January LIST, but SouId ne
hold courts in this circuit? lie time
fixed for holding the courts IN these
counties was fixed by Law Tor the OH
circuit, which VAS abolished by the ratl-
fica,ion OF the amendment, AMI there Is
no time fixed for holding courts in the
new circuit, and while there can be no
question, i'm nv mind, that the judges
of Circuit courts in Office when the
amendments were ratified, are the
Judges Of the new circuits IN wh;cathey
respectively reside until January lst,
vet il seems to be very dOn3tiul ques-
lion whether any courts can be held IN
the new circuits until the time Tor hold
ing the same has been fixed by the Leg
islature. 1 would be,pleased TO have the
opinion of the REGISTER on the SUBJECT
l..
The amendment to the Eighth Art
Gle provides that "The judges OF the
Circuit Courts in office when this article
takes effect, shall remain therein until
the expiration o. the term Tor which
they have been elected in the circuits in
which they may respectively reside,
unless sooner removed as aforesaid.
IL would be only reasonable to sup
pose that the amendment would not
become operative, although ratified by a
majority OF the votes. until the result OF
the votes hal been officially ascertained
and declared by the Governor. hu' IN
this resotct. "A in most others relating
to the amendments, the Legislature -
nored precedents and declare that I'll a
majority of the votes cast at such cleo.
ton BE- for ratification, tie said proposed
amendment shall be in force from the
tine OF such ratification"
The Governor is not required to de.
clare the result until the certificate is
laid before him, which is required to be
done ION the twenty.fiith day after said
election, or as soon thereafter as practi-
cable"
Nevertheless, We take it that on or
about the 9th Of November next the
Constitutional amendments will be de-
clared 10 have been in operation from
and after the 18th day OF this month.
The act OF the legislature, however.
specifics that the terms OF the officers
provided for under the amendment,
shall commence on the first day OF jan
uarv, 1881. The new Circuits, however,
as arranged by the amendment, are al
ready established. The old Circuits are
abolished, or superseded by the new.
The Judges OF the old Circuits are con-
tinued in Office. The Judges OF the new
circuits cannot be commissioned until
the first day OF January next.
Now, under this condition OF things,
We presume that no requidr term OF
court could be held in any circuit, old or
new, under the present dispensation.
The abolition OF the old circuits carries
with it the abolition OF the established
schedules Tor courts in those circuits.
No Sheriff would be authorized to sum-
mon grand or petit iurorsin preparation
for a regular term. No witnesses could
be summoned OF required To- attend, and
the clerks could not arrange dCcke,s CT
otherwise provide the machinery ior a
regular term OF court.
The most that could b. done between
this AMI the first OF January, ii our view
is correct, would be fer the Judges OF
the old circuits to call special terms OF
court, in any county OF their circuits,
where it may be necessary or desirable
to hold session. The judges have
this authority to call special terms at any
time, and we take it, that this authority
is neither annulled nor abridged during
their continuance in office.
After the first of January, Judges OF
the new circuits will be commissioned,
but there can be no regular schedule Of
courts arranged until the Legislature
nnaeta