The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-08-05
Qhe Gntelliqenter.
ANswER TO JOHN ". nAsoN,s
objections TO the Proposed constItu
tIonal Amendments

Objections 10 the Proposed Constitl
tiOnal Amendments.
EdltOrs InttlIIgeucer.
Iwas very much surprised to read i
your issue OF the Goth ult. the objection
Of John W. Mason, ESQ.,, to the propose
Constitutional amendments. II m
memory is not very much at fault, Nj
Mason consented, as member OF III
Committee on Resolutions, in the Reput
lican State Convention, to embody in tn
State platform the subdivision thereof
endorsing the proposed amendments
Such being the case the declarations Ii
his Grafton speech SAVIOR very strongly o
political heresy. Mr.. Mason is recognized
as leader OF the Republican party OF on
State, and a member Of the National Ex
ecutive Committee OF the Republican
party, and as such his orthodoxy SHOULD
be unquestioned even upon measures o
State politics.
From the report OF Mr.. Mason's speech
1t ap pears that he set out by explaining
that under THE amendments, II ratified
every Justices Court will be County
Court. He says, two County Courts are
worse than one. It Is rather difficult &c
arrive at Mr.. Mason's meaning here. II
appears that he designs to convey the I'm
preston that under the amendments each
Justices Court will be County Court. Il
Justices Court will be a County Court
under the amendments, II is q County
Court now. The only difference between
Justices Court now, and Justices
Court under the amendments, will be that
the jurisdiction OF the said Courts will be
increased. The number OF Justices
Courts will not be increased.
But a Justices Court Is not County
Court, but District Court.
But Mr.. NJ. states severe objections to
the amendments. He first objects, be-
cause they provide for no intermediate
courts between Justices Courts and Cir
cult Courts, and contends that without in
termediate courts the time OF the Circuit
Courts will be occupied with trivial official
cases TO the detriment OF more important
business.
Until the present constitution was
adopted, we had no intermediate courts,
and the time OF the Circuit Courts was not
more occupied with trivial cases than 1t Is
now. But right here it appears that Mr..
Mason disCloses the fact that he Is in
favor OF the present County Court system,
that etIete iossilized institution that sits be-
stride the necks OF the people like the old
man OF the sea, because there can be no
intermediate court except 1t be County
Court, and Mr.. Mason had just as well
have based his opposition TO the amend
ments,. upon the grounds oil their abolish
ing the County Courts.
Mr.. Mason ssecond objection is,that the
amendments do not provide for inter
mediate courts; that they have notprovided
fora sufficient number Of judicial circuits
that thirteen judges cannot do the work
that will devove upon them by the aboli-
ton OF the County Court.
Now experience is the best kind Of
logic. Thirteen judges under our former
constitution did the business without in.
termediate courts. Ifthis were not so Mr..
Mason's objection still falls to the ground,
iorsection IA OF the amendment to article
s reads as follows:
"The legislature may rearrange the
circuits herein provided for at any session
thereof next proceeding upon general
election OF the people OF said circuit, and
after the year one thousand eight hundred
and Lightweight, may at any such session
increase or diminish the number thereof"
But will hasten to notice Mr.. Mason's
third objection 10 the amendments. He
objects because they increased the iuris.
diCtion Of Justices to $500. This Is, he
SAYS, "a great innovation in our laws and
will be found wholly unsuited to our peo-
ple." He goes on to say, "many men
who are solvent owe money, and are not
always ready to mestlso large a sum as
$500. The present system does not permit
unreasonable delay, but it does project
from the oppression OF the heartless cred
itor, By little delay the creditor gets
his money and the debtor is saved from
utter ruin. But il you ratitY these amend'
ments suit may be brought for $500 in the
morning, and Judgment and execution en-:
tered in the evening, and property sold
the next week. In fact this system may
well be called creditors bill. 1t is not
sound craftsmanship to place one class oil
people 60 completely in the hands OF the
other"
/ know Mr.. Mason to be a shrewd
lawyer and astute politician, but he GER
tainly made his Grafton speech without
mature reflection and due preparation.
He appears TO forget that all reforms are
innovations. Free school laws are limo
yations. The right OF the poor laboring
man to vote is an innovation upon the
laws that formerly existed in Virginia.
The abolition OF slavery was an innoya-
ton, The investure OF the colored citi'
zen with the right OF suffrage was an in
noyation, but would Mr.. Mason presume
to say that free schools was unrestricted to
the neople-that the right OF the poor
laboriug man to cast his ballot is unsuited
10 him-that the abolition OF slavery was
wrong or that the Colored citizen should
not exercise the right Of the elective fran
chise?
/ know that it Is very difficult for some
men to learn anything that does not run
in a channel with their prejudices, and it
appears impossible for them to forget any.
thing. The increase OF the jurisdiction OF
Justices OF the Peace to $500 may be an
innovation, but it is nevertheless an i'm.
proyement on the old system and saves
the debtor class an immense amount OF
trouble and costs. This increase OF the
Jurisdiction OF Justices has been tried in
many OF the States and always with salts
factory results, and 1t has always Injured
10 the benefit Of the debtor class, A large
number OF the suits which are brought
for the collection OF debts is upon promis.
sory notes which are=not Irrigated by the
debtor, consequently Justice Of the Peace
Il 40 caDahle nf giving indignant upon