West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1880-11-27
Ex-Governor Priceon tho Amend
nonts.

2nd. Cou d the Sheriff s,ct quail
lily aud give bond before it,?
Ord. II not, when and bslor.
whom must be qua ifv and give
bond When and before whom
must the other county officers quail
iy ?
4th' Can the County Clerk in va
cation record deeds, admit wills to
probate, sppolnt perSonsl reprsgen
tstives, guardians, &c., before the
L'ei'lsturs mssts2 What power
aud duties Can ths clerks now per
form?
5th. Can Justice OF the Peace
no u try a cause where the vklue IN
controversy, exsluOive of Interest
and costs, does not exceed 5000, and
can he mo'O impsnnsl a jury II either
party requires III
To which Gov. Price replies az
follows:
will attempt 10 snswsr the three
hrst together. The law under
which the amendments wer. sub
mitted to the people for ratification
or REJECTION declares bat eli "a ma
Jorlty Of the votes cast ut SAID cleo
'ion oe Tor ratification the said pro-
posed amer dment shall bs in forcs
and effect from the time Of the sejd
ratification, and be parcel of the
Constitution Of the State in place Of
article eight as it now stands. "
These amendmSUts, her,iors. bscama
part OF the Constitution en- the l2,b
day OF October last, end bare bean
the supreme law ol TIC s ate ever
sincs.
In the Gaze Of Jnlgss ard Clerks
10 once at the time the amendments
LOOK effect, express provision i.
made Tor retaining them IN Office to
the end Of the term to which they
were respectively elected. But
mere Is 90 such provision for the
County Courts Their Jurisdiction
ID given to another tribunal assum-
ing their name with a lees expanded
jurisdiction.
You may, however, say that this
new tribunal doss not take effect nm.
III the lst Of January, 1881. and IN.
less the County Courts could con-
u"u" to exercise their former juria-
dIctioh there would be an inter req
mum from the date OF the ratl fcstlop
TO the lSt Of January, winch W.
ought not TO presume was intended
oy the Legislature. Aud that thu,
Interpretation would make the
amendments rstVoastive and wound
nulIify all that has been done by the
County Courts since the ratification.
and when 1t was impossible 10 know
whether the sndmsnts would be
ratified or not.
The argument OF inesuysnieucs il
iorcible enough, bu; the lawns 9th
er"lss written so it is to be inter
Preted. am, therefore, OF opinion
1hat the County Csurts are ds(unct
and 1t ours ats on The 25th inst. it
will not SIT az Constitutional
Court. ] would not, however. say
that 1t would not be court de facto
whose acts would be valid because
oil It's beng a court d- iacto, and be-
ing confident tpal (th!s 10 net, how
ever responsive TO the quest.on }
The Legislature would confirm spv
proper act which tbs court might
Perform. The County Court in 9th
sr counties have proceeded to take
the bonds Of sbe-lf and other on
ssrs, surposing that no harm in any
point Of view could cone OF il.
whatever might be the 6nsl inter
probation by toe sourts.
at one time thought the necss-
sity for the County Courts to act 10
the premises was greater than il
actually is. thougbt tho sheriff.
add other officers lsct.d 10 October
last would lose their Offices Tor fail
ing to give bond with secorily With
10 The tiao prescribed by law, but
10 this wes nistsksr. II Their.
were 90 court 20 receive their bond,
and qualification there could be no
forfeiture.
/ think The incoming court cen
recsiys the boDds and qualifications
90 The let Of January Of all the
bonded ohcors whose bonds sad
qualifications hal TO be received BY
che County Court.
The forth question relates to the
functions Of Jhs County Coun 10 70
cord ds'ds, admit vii, to probate.
grant marriage license, 30. Tbs
amendments provide that "sucb
parts Of The commos lsw aad Of The
so-s ~ 3D.. Gt.t o..