Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-27
TO THE VOTERS OF THE
STATE.
The Constitutional Amend
ments.

Correspondence OF the Register.
WESTON, W. Va, Sept. D.
There are two now before the people.
What do they mean3 What changes
do they make? Take the amendment
to Article eight OF the Constitution. At
pres mt the State is divided into nine
circuits, and two terms OF the Circuit
Court are held per year in each county /;
and there are six terms OF the County
Court, four law business, two for police
and fiscal affairs of the county. The
present County Court, held by three
Magistrates, has very extensive Iurls-
d.ction, the same as the Circuit Courts,
except as to offences punishable with
death or confinement in the peniten-
tiary. In other words, they have full
chancery jurisdiction and full common
law jurisdiction, civil and criminal, eX.
cept i'm felony cases; and they have be-
sides jurisdiction over the police and
fiscal affairs OF the county. Tho Legs.
lature, believing from experience the
County Courts thus constituted to be
costly and inefficient tribunals for such
large jurisdiction, proposed this amend.
meat taking away from them chanccry
and law jurisdiction and lodging 1t in
the Circuit Courts. To enable the Cir
cult Courts TO dispose oi the Increased
business taken from the County Courts,
the amendment makes IA judges insteai
of9 and requires them 10 hold three courts
a wear instead OF two as now. Is not the
wisdom Of this amendment plain in
taking away from the County Courts
chancerv and law jurisdiction, and COM
mitting il to the Circuit CourtsP Does
anv one believe the County Court COM
petent for 80 wide jurisdiction, cover
ing the whole lesat field, law and chan
Gerry? Is it competent for the decision
OF the endless legal questions arising on
declarations, bills in chancery, pleas,
answers. demurrers and other pleadlngs,
bills OF exceptions, instructions olurlAs,
and the construction OF written lnstru-
ments, matters arising every day in
court? Is it competent TO decide the
endless questions as to the competency
OF witnesses, and the admlsslbllity OF
evid,n nee before iuries. Can 1t handle
iuri,s. instruct them, supervise their
yprlicts, and act on motions for new
trials? Is not a juror himself just as
able 10 do these things as justice we
assert that the County Courts are not
competent to discharge these important
and difficult duties from want OF educa-
ton and experience in the line oil the
law, however honest and fair they may
be, and We say nothing against their
honesty and fairness. Hence the long
terms of these courts, the intermlnab!e
contests at the bar over these questions,
consuming time, at the public expense,
for magistrates, juries, witnesses ana
suitOrs, wait on them at heavy expense
They eat out the substance OF the peo'
pie, they are inefficient Notwithstanding
thev cost 80 much, and their decisions
are held so little as authority, that they
are appealed from after costly trials, are
rcyCrS,d, and must be gone over again;
Why not start in the Circuit Court
Now We have four courts in our system,
the Justices Court, County Court, Clr-
cut Court, and Court OF Appeals. There
are too many courts. The amendment
prop )ses only three for law business,
the Justices Court for cases OF debt ana
personal property not exceeding sSOo IN
amount, the Circuit Court Tor general
iuris iiction, and the Court ot Appeals.
But the amendment does not wholly
abolish the County Court. II retains
il, not ior law business, out lot