Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-04-14
The Constitutional Amendment will De-
crease Litigation.

Cfthso lIittkhtiOus
Correspondence OF the Register
The County Court makes litigation.
Almost every disputed case decided by
il is appealed to the Circuit Court,
where the decision OF the lower court is
Customarily y reversed and new trial
granted, thus making two trials OF all
such cases 1t is almost the universal
practice of many lawyers in counties
where the three justice system still pre-
walls to certify all cases possible to the
County Court so as to secure an appeal
to the Circuit Court in case the con-
troversy Is decided against them. They
recognize the fact that trial
by a County Court is nothing
more than an experiment and
hence they always try 10 fortiiy them
selves against the inevitable mistakes OF
so hazardous a forum. Ii the Justice is
allowed 10 try the case IN the first in
stance, it cannot be appealed beyond the
County Court, it matters not II the
grossest injustice is done by that body.
1t Is in cases OF appeal court OF final
resort, whose decisions are almost in
variably abhorred and condemned by
the people, on account OF the unlearned
and vasCillating material OF which ii is
composed. The changing character OF
this court also increases litigation. A
new set OF Justices occupy the bench
each term and q new set OF decisions are
promulgated 10y them. In one instance
| now call 10 memory, and there
have been many like il, the same mo-
ton was received at four different terms
OF court, as often as the chameleon
changed It's spots, and at each term two
hours at least was taken up in argu-
ment And it is not altogether improb-
able, that il new set Of justices is elect
ed this fall that all our old cases will be
tried over again.
There is great amount OF spite work
in County Court litigation which is kept
up from the fact that injustice rather
than strict justice is the product OF this
crude system. Ii is peculiarly and just.
ly styled the lawyers court, because IL
increases aud continues litigation almost
indefinitely and because indolent law
yers can make all kind Of mistakes, bring
wrong kind Of suits, prepare careless
and illegal papers, and when they have
succeeded in mulcting their clients into
untold costs and trouble, step gently
from under with their clients money in
their pockets, and allow the whole
crushing mass OF stupidity, folly and
neglect to fall upon the devoted heads oil
the poor old justices Of the peace, whose
utter failure 10 comprehend the rules Of
law render them ft subjects for such
imposition. There are almost countless
cases that ought 10 end before a justice,
but which now find their way into the
County Court. And in truth, trial
now before the County Court is nothing
more than trial before a justice, ex-
cept that in court the justices
are bound down by legal
rules beyond their comprehension,
fixed guides TO a more learned body, but
which In this court only serve As mere
snares with which the wary lawyers en-
trap, delay, and finally reverse this Tilt.
crate body. Many other reasons could
here be added 10 show that litigation
under the amendment viii certainly be
decreased at least one-hAlf, but these
will appear in due time. We want less
litigation and better quality Of justice
in this State. LuCIp.