Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-27

business for which it is well
suited. The County Court, as
it Will exist under the amendment, is
composed OF three commissioners, elect
ed by the voters of the whole county,
not by districts, for six years, who are
to receive 81 per day while in court, in
stead OF 50 and "a, the pay Of the County
Court at present, and they hold iour
snort terms per year. 1t has jurisdic-
ton OF proof OF wills, appointment OF
personal representatives, guardians,
curators, committees OF insane persons.
the settlement OF their accounts, and OF
all matters relating to appren.
tees. 1t has superintendent OF
the internal police and fiscal affairs OF
the county, including the establishment
and regulation OF roads, ways, bridges,
landings, ferrys and mills, with authori-
ty to lay and disburse the county levy.
1t Is the judge OF the election, quail
hcatlons and returns OF its own mem
bers and OF all county and district Of
hcers. Thus, there is lett to the County
Court by the amendment very impor-
tant jurisdiction, one for which il is rea.
sonabiy competent; only its power to try
causes is taken away. The powers left
it are certainly large enough; those
which it now has are beyond question
too comprehensive, important and diff.
cult.
As 10 economy, at present there are six
jurles per year-iOur in the County and
two in The Circuit Court; under the
amendment only three, thus dispensing
with three juries and the per diem OF mag
istrates holding long trial terms. There
will be five more judges, but their ssla-
ries are cut down from $1,000 to
81 800, and paid out Of The STATE
Treasury. The annual saving in
jury service aud pay OF justices, taking
into consideration the increased num-
Der OF judges, must be $4,000, besides
costs OF witnesses and suitors' attend
ance.
1t is objected by some that the juris-
diction OF circuit courts under the
amendment is limited to cases at law
where the amount in controversy is $50
and upwards, and that no jurisdiction
below that sum can be given. This is
not correct, for the amendment, after
declaring that circuit courts shall
have jurisdiction in law cases where
the amount in controversy is $50 or up
wards, and in a long list of specified
subjects of Jurisdictions, foreseing that
in the future it might be necessary to
give jurisdiction in other cases, and to
diminish or enlarge it, closes its 18th
section by giving the Legislature discre-
ton TO do so by the following language:
"Ihey (the Circuit Courts shall also hare
such other Jurisdiction, lChetter supervisory,
original, appellate or concurrent, as IS, or
may be, prescribed by lar"
The amendment gives justice juris-
diction up to $500. This provision is
right and will be found convenient, as it
has in many OF the Western States. Ii
at present you have a debt of upwards
of 800, you must employ an attorney,
attend court duringa long term, are often
subjected to cOntinuanCes, and often, too,
your debt is lost by delay, which lien
would save, and the judgment is attend
ed in undeiended cases by SO costs.
Why not sue in your own neighborhood
on the plain debt? II Justice is fit to
try 500, why not $780, il fit to sit in the
county OONTl anu lTN CAUSES lnNOlNlls
thousands and even liberty, why is he
not fit to try $500 at his Office? That
sum is neither too high nor too low. 1t
dignifes and elevates the office OF JUS.
tics, and will make the people select
good material for that important post.
1t gives the people local tribunals in
their neighborhoOds, saves them time
and expense, and they and the Justices
should be the last to object to it.
The amendment to Section Is of Arti-
Gle 3, gives right to jury OF six before
Justices, il demanded. There would
likely be but few jury trials before JUS
tices, as it would be attended with cost
to the loser, and they would be short
and generally final, and thus it might be
that litigation, which would otherwise
be spun out in court to great and costly
length, would be prevented. The right
Ofappeal in proper cases would OF course
exist, with or ,rithOW bond as the Legis
lature may provide. At present a bond
is required. There will, OF course, be leg.
islation taxing certain sum for cost OF
jury against the losing party, as there is
in court at present.
OF course, a voter may vote Tor one ot
the amendments and against the other.
WM, +. ARNOLD.