The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-07-29
THE CONSTITUTIONAL AMENDMENTS.
Able Speech OF Hon. John W. Mason at
Grafton, Against the Adoption OF the
Proposed Constitutional Amendments,

| Anh NOA5AlEB L1ONAL AhAAsEA DhG'e 50
Able Speech OF Hon. John W. Mason Al
GRAFTON, Against the Adoption OF the
Proposed Constitutional Amendments
GRAFTON, W. Va, July y.
Special Correspondence Of the IntellIGenoer.
John ". Mason, Esq, of this place
made a speech at Brinkman's Hall TO-
night against the proposed Constitutions
amendments. His speech was purely non
partisan. He remarked, in opening, thai
the questions involved were of Importance
alike to all parties, and that while the
amendments were proposed by Demo
cratic Legislature, that this fact would be
no justification for Republicans opposing
them, or for Democrats supporting them.
He said he was no admirer OF our present
judicial system. 1t has many very obiec'
tionable features. The County Court sys'
TEN is extremely obnoxious as a court for
the trial Of causes. He bad noticed with
much solicitude the action OF the last
Legislature upon this subject. He had
hoped that the Legislature would devise
judicial system that would meet the
wants OF the people. he had examined
these amendments anxiously, hoping to
be able to discover in them some improve
ment over the present system, but was
forced reluctantly to the conclusion that
they would make bad worse. II it be
asked what could be worse than County
Court, he would answer that two County
Courts are worse than one. The proposed
amendments instead OF abolishing County
Courts, as is claimed by their supporters.
will in fact increase them. They will
give us as many County Courts as we have
Justices in the county.
He then explained that two amend.
ments were submitted one as a substitute
for Article eight Of the Constitution and
the other amending Section thirteen Of
Article three, go as to allow iuries before
Justices, and then gave among Others the
following objections to their ratification.
First-They provide for no intermedi-
ate court between justices courts and Cir
cult Courts for the trial Of causes. With
out an intermediate court the time OF
the Circuit Courts will be occupied by the
trial of trivial causes, appeals and petty
otfenses, and much important business
will be necessarily postponed.
Second-There being no intermediate
courts the amendments do not provide
sufficient number OF Judicial circuits. 1t
ia with great difficulty that the judges OF
the Circuits can keep up with their work.
These amendments add to their work the
business OF the Circuit Courts, and only
increase their numbers to four. He was
somewhat familiar with the lab0rs OF the
Judges of the County Courts, and had no
hesitation in saying that there are not nine
men in the State VINO do one-halt as much
work as the nine Judges OF our Cir
cult Court, Add to their duties this adj
ditional work and no thirteen men IN this
State can do the work. Business will &C.
cumulate on the dockets and much expen'
sive and troublesome delay will be the re-
suit.
Third-They increase the Jurisdiction
OF justices to $500. This is great limo.
walton on our laws, and will be found
wholly unsuited to our people. win
such jurisdiction more than hall OF the
actions at law would be cogniZable oetort
a Justice. To place so many cases oil suct
Importance in the hands OF single JUS
tee, 10 be tried in some remote corner oil
the county, away from books and records,
ia simply to inaugurate ridiculous anc
expensive judicial force. Records would
be imperieclly made and preserved, and il
would be almost impossible TO ascertain
what had been done. Such jurisdiction
would be perilous to the debtor class.
MANY men who are really solvent, owe
money and are not always ready to NEE
so large a sum as $500. The present sys'
tenn does not permit unreasonable delay
but it does protect the oppression OF thu
heartless creditor. BY little delay thI
creditor gets his money, and the debto
is saved from utter ruin. But ltyou ratli!
these amendments suit may be brought TO
$500 in the morning, and Judgment ant
execution enter,d in the evening, and tn
property sold the next week. In fact M
system may well be called q creditors bill
II is not sound statesmanahlp TO place on
class Of citizens so completely in The hand
OF the other.
Fourth-These amendments are object
ionable. because they provide for iurie
!! before justices. object to thus lea
ture because it will be expensive and VII Wy
lead to interimnable confusion and VII
render Justices courts in substance VIVA
. the County Court now is. The junction
OF a Judge could not be performed by
Justice wholly .unskilled in judicial pre-
ceedings, The prerOgative powers an
duties Of the court and jury would be s'
confused as to be iarCica in the extreme
The EXPENSE Of such q system would b
ruinous to the taxpayer. 1t IS q mtstaK
10 ay that the Legislature can pass a la'
recurring the litigaHts TO pay Tor the lur
in advance. Under this amendment u
: right Of trial by jury where the amour
in controversy in action at law exceed
S00 ia preserved to every one who demand
a iury, And the Legislature can no NOR
NUS an, act requiring the party demand
inV iury before justice 70 pay the e.
pense, than it can in tho Circuit Cenrt'
Both are precisely upon the same ioount
To give q jury to the party who can pa
for It, and refuse it to one who cannot.
TO preserve the right OF trial by jury to II
= rich man, and deny it to the poor.
d But 1t is suggested that We vote doov
. the amendment providing for iuries peloi
y justices and adopt the other. This vi
Z nut US in worse condition. We will thu
have constitution requirlnga jury, VINE
"a the amount in controversy exceeds s
; and have no court with u Jurisdiction
Y Iess than $50 where jury can be impa
:. eled. and therefore no case involving sun
, Ietween so and $50, could be tried ct d
Z ia Jury we're demanded.
=. Ftith-Justices Courts will have to |
= made courts Of record, in order to secu
= appeals.
Me amendment to article three pr
: yides that mo fact tried by q jury Shl
be otherwise re-examined in any ca
w 1T N1nt ~.