Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-07-17
COMMUNICATED.
COUNTY COURT.
WHAT IT sHotiD BE UNDER TIE CoNsTI-
TUITION OF WEST VIRGINIA.

In opposing the proposed amendment
TO the constitution in recent article,
involving the Judiciary system OF the
State, intimated that l would submit
in subsequent article what l thought
q county court ought to be; | now will
attempt to redeem that promise. Courts
of mixed judicial and police powers, are
like stores of general assortment-too
comprehensive. A county court should
be competent TO regulate all fiscal con
Germs: should authorize the levies for all
county purposes, and TO that end all the
Justices of the county Ought to be on
the Bench ct the levy term; as we now
have it. So should they be on the Bench
when semi-anhual settlements are made;
thus distributing the powers indicated
over the county in a just and equal man
ner, which will not be the case by sub
etituting three commissioners who may
be elected from one town. The whole
management of roads is included in this
provision; but the Legislature ought 10
define what constitutes legal road,
emphasizing complete side drains. The
court should be common law court,
and not wholly confined to statutory
law. 1t should have exclusive jurlsdic-
ton in all administration and guardian
appointments and settlements; so also IN
administering the affairs OF the poor,
with control over sanitary laws. 1t
should have jurisdiction of all crimes
and misdcneanors, or II should be
charged with no criminal cases; and il
the former, then its presiding officer
should he a lawyer; with appeals direct
to the court of last resort. | incline 10
making it a court limited to the powers
above suggested. This would give to
the circuit court all civil cases, except
such as are embraced in the organic act
of constructing this court. Two Grand
Juries a year would be enough and
both before the county court, it the
criminal matter is exclusively given to
it, or If given TO the circuit court, then
TO It. If the criminal cases go TO the
circuit court, there need be no petit
jury before the county court, or indeed
any jury. The only appeals to the
county court should be from decisions
of single magistrates, in cases cogniza-
BILE before it. There should be quarterly
sessions OF the county court, two OF
which should be levy terms, and two
should be trial terms, TO which process.
Sos of the court and appeals from single
justices of the peace are made returnable.
The levy terms should be composed OF
the county Judge and at least one justice
from each of the magistcrial districts OF
the county, and might be held in the
absence of the county judge, in which
case the Oldest magistrate should pre-
side The trial terms should be held
by the county judge. If the exclusive
criminal business should be given tc
the county court, then there should be
two additional sessions held by the
county Judge, called indictment terms,
at which all indictable and presenta'
bic crimes and miSdemeanors should be
heard and tried. And all police matters
should come before this court upon com
plant sent up by justices Of the peace
or mayors OF cities and incorporated
towns requiring jury. This court
should have 4 clerk, who should keep
the records of the court and of the coun
IT, as is now the case.
The above is q brief outline Of wha,
a county court should be, looking tc
efficiency, expedition and economy.
A VOTER.