Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-08-31
COMMUNICATED,

Mr.. Eaitor.-By looking ut the Acts of
1879, page l75, you will 6nd a joint resoIu.
tlon proposing an amendment to the consti
tuition OF the State. The amendment strikes
out article eight of our present constitution,
which article refers to- our Judiciary, and
substantially re-enacts the same, SO far as the
Supreme Court of Appeals is concerned and
so far as the Circuit Court is concerned with
this exception, the amendment proposes
that the State be divided into thirteen Judi
cial circuits, thus adding four additional
circuits, or judges, the necessity for which
We cannot understand at present Perhaps
at some future day, when our population in
creases. necessity may arise for more cir
cults, but as it is, we submit that the cost is
too great in proportion to the benefits to be
derived. We have ample Judicial facilities
all over the State, and it is worse than use.
less and wrong to tax our people for unne>
cessary courts. 0aE @H-a
The next provision We wish to draw the
attention of our peopls to is the proposed
change in our County Court system, and the
change in the power aud Jurisdiction Of our
magistrates. In lieu Of the County Court, as
now constituted, three commissioners are to
be elected to attend to our fiscal affairs, &c.
We do not propose to repeat here their va
rious duties, believing that each voter will
'oau bue law, puollsneu MS II Is IN all the
papers, But we do remark that We are
unable to understand how tho proposed
system is either an Improvement upon. or
even more economical ono than The old.
We should think before we undertake radi>
cal reforms, remembering that every change
is not reform SO
Next, 1t is proposed to increase the iurs-
dlotlon OF the magistrates to $500, and Civ
ing the suItors the privilege Of jury Thus
wo arc to have courts and jurics all over the
county. This will be good for lawyers, no
doubt, but what of the expense and delny
These cases are TO be tried before the Justice
aud jury. According to tho rules Of com.
mon law, "no face tried by jury shall be
otherwise re.examined in any case than &C.
cording to the rules of common law. ."l3
section, article 3.
Now, what docs all this mean? Nothing
moro nor less than confusion worse con-
founded, voxation, delay and nterminable
costs =-7- .. ...
Next, section 30 provides that tho Lcris,
'ature shall, upon tho application of auy
county, reform alter or modify the County
Court established by this article in such
county, and in lieu thereof, with the assent
of a majority of the voters Of such county
voting at an election, create another tribu.
ma, Nc, thus destroying tho stability of our
judicial system, and constituting by legal
enactment a mere bagatcIlc or shuttle cock,
to be at any time changed at popular whim.
Whence are VIC drifting? Have we forgotten
the dignity of those high and responsible
officers? This section alone is enough to
condemn the whole. Our present constitu>
tion provides means for a change in our
County Court system if we desire it. What
the necessity, therefore, for all this cost and
useless outlay of money in taking the sense
of the people upon question they have
not asked. The truth is, all this cost
and fuss is simply to get four additional
judicia! circuits to crafty tho ambition of
certain gents acros, the mountain. The
County Court is tho pretsxt for change-tho
increase in costly judiciary the real OBJ
ject. x**