Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-08-07
GOyi7eENECATED.
A COUNTY COURT.
NO. 9.

In my first article of what county
court should be, said it ought TO be
common law court. To some extent it
is 50, that the pleadings ought to be
formal Us recognized under common
law and modified by statute to suit Our
system; | am the more convinced Of
this since the last term of our county
court, in which much time was taken
up before the court, discussing cues
tons Of practice under what would be
technically termed oral answers; jury
cmpannclled and the case being travers-
cd in assumpsit with an answer o. non
assumpsit; thus case fully made up.
But under our tumble system q plea Of
sct-oif is allowable by way OF counter
claim, making altogether different is
sue; in short making up an issue as the
case advances in the trial; condition
subjcclirg parties 20 surprise aud con
sequcntly not ready to meet emerSen-
cies In the case alluded tothc plaintiff
regarded the issue double and incom-
patablc, whilst the defendant considered
one of the offsets as mere evidence aud
not at all part Of the pleadingS. Had
the court been a court of formal plead
ing, it could not have taken over halt a
day al most, but as it is, it took two
DAYS. with costs TO the county for the
Jury of at least $50 besides other incl
dental eXpences; keeping busy men
from their private home business, TO at
tend to the equally private business Of
others who tall to s, tile because they
cont do it in time or loosely. 1t is not
right 20 require one citizen to leave his
own business to attend TO that OF all
other without compensation equivalent
to that which is neglected at his nome.
Bat we must have courts aud Incidental
iurics; hence the necessity OF construct
ING them SO as to be least burthensomc
to the people. A county court con
structed for the people is . good and
useful court; but q court constructed Tor
the fee gafhsrerS is Il bad court. Our
present county court system Is ma
chine to gather fees and information
preliminary TO settling suits In The cir
cult court, without being nisi pri"s
court, and the proposed constitutional
amendment is doubling the objection,
in al aggravated ratio. Instead OF re-
licying the people from the onerous jury
system extant, iuries under the amend
mcnt are to become ifinerant, and TO be
locked up by skies in the closets OF
every Justice Of the peace in the county.
What a field for appeals and how the
lawyers will thrive on them. Farmers,
merchants and mechanics tell your sons
that bread cometh not from the p!ow
trail, but from courts and juries; tell
them TO beat their brains into oratory
and their muscle into law books; tell
them that fiction is substance and that
hard knocks humbug. We must have
courts and We must not give up the
right of trial by jury, but courts should
be constructed with view to justice
and dispatch, and juries to causes In
volving rights extra Judicial. The fnnc-
tons of judge should be clearly mani
fest and those cases OF facts growing
ont OF everyday life amongst the people
should be regarded as jury causes, cal
rying all criminal trials. The trial Of
crime should be to prevent the commits
sion of crime; hence It's penalties should
be applied with certainty and dispatch
providing courts with frequent sessions;
and this supplies a reason tor admins
tering criminal law in the county courts,
after preparing them for such exclusive
jurisdiction, with the right Of appeal di
rect TO the court OF last resort. 1t the
people who are not content with our
present county court system, will only
reflect before they vote tor worse sub
stitutc, and vote against the amendments
the legislature will without doubt recon
struct our county courts so as 10 make
them what they ought to be-ctlicient,
popular and economical.
A VOTER.