Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-04-23
THE CONSTITUTIONAL
AMENDMENT.
It VIII Make Litigation More
Certain and Speedy.

Norree ponuenCe VI the htslstI.
How uncertain is County Court liti-
cation. They alone know who have
been compelled to attend its sessions
term after term waiting the determina-
ton OF twenty dollar cause, TO have it
reached and disposed OF at last contrary
to every principle OF law and justice. 1t
is really a picture of cOmmlseratiOn
sometimes to see the poor old justices
founder about in the meshes Ol the law
as they arr woven around them by skill
iul practitioners until driven by despair
they finally blunder to final ludg-
ment. We have had some weak
Judges on the bench in this State,
but weak as they were, they were
infinitely superior to the County Court.
Ii requires an experienced pilot to navi-
gate the Ohio river, and much more 80
If there are a corps Of skilliul engineers
placing all manner OF distractions in the
channel. Uncertainty would he the
result OF trusting man as a pilot who
never handled boat or essayed the
waters. So it is with the law. The
man at the wheel must understand his
business, ora wreck will be the cOnse-
ahence. There are all mannero Of hidden
shoals on which case may founder aud
go 10 pieces, and legal veterans are
watching the opportunity to place OBJ
stacles in the way. Hence the errors OF
the County Court are without number.
They bristle all over its decisions like
ouills on the back OF porcuplne.
Ii not only reverscs the Circuit Court
but reverses itself, and there in all pro-
liability is the only time its decisions
smack of Justice. Ii is said TO have ruled
the Code a. bad law because enacted by
a Republican legislature. Not pretend
ing TO know law it makes law to suit the
case. Squire McWhorter. OF 6pshur
county, when presiding over the County
Court, is said To have rendered the fol-
lowing unique decision: ut is my opln-
ion that this case is one way; It Is the
opinion OF nv friend on the right that
this case is the other way, and 1t Is the
opinion OF this young man on my lelt
that We do not know anything about the
case and the court decides that he Is
right"
The evil resulting from the uncertain
IN surrounding lut htIloiOho VI Wv
County Courts, though large In size
when viewed abstraetly, are small IN
comparison with the greater evil OF de
lay, which amounts to almost total de-
nial of Justice. as the htigant is in most
cases compelled to expend thrice his
debt before he can obtain judgment Tor
il Day after day the anxious litigant,
with a retinue OF witnesses, awaits the
calling OF his case; but day alter day
new motions arise, new Arguments are
made and his case is not heard. his
time at last draws near, his case Is almost
up. when the court, which has its mill
10 attend to, its iarm to oversee and It's
timber TO take TO market, decides
that Is to the interest oil
the people at lanse to adjourn,
and his case is continued until the next
term, to meet, in all probability, the
sau,e fate, or to crowd out some othef
case. The only way TO remedy this evil
is for the people, this tall, TO finally adj
iouru these courts TO their mills, their
farms and their timber. There are many
Thousands of the unfortunate victims OF
the uncertainty and delays of this court
scattered over the State, who are quietly
waiting the opportunity to sweep 1t out
OF existence. Its doom Is sealed.
LUcID.