Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-11-13
The Constitutional Amendment
and their Operation.

AEd thekr OPcTattAOAs
We would be pleased, says the Wheel
ing Register, to crafty the growing
eagerness throughout the State to I'M
derstand the exact operation OF the
Constitutional Amendments upon many
questions, If it were possible for US to
give an authoritative, or even conclu-
sive opinion upon the matters involved.
We recognize the difficulty Of any
man in any position, satisfying public
inquiry upon the more important and
pressing questions arising under the
amendments. Lawyers hesitate to ex-
press All opinion because they perceive
that there is good ground for a differ
ence of opinion which decision of the
courts might with equal propriety set
lie one way or the other.
Upon two or three of the more i'm
portant points involved, we have here
toforo taken occasion TO express an
opinion, which we do not yet find any
reason 10 change
|. We believe the amendments, if
ratified, will take effect and be in force
from and after the 18th day Of October
last.
2. The County Courts established I'M
der the Constitution of 1872, excepting
those established by the Legislature by
virtue of Sec 81 OF Art. s, ceased to
exist, either for judicial, police or fiscal
purposes, from and after the 18th of
October.
3. The Judges of the Circuit Courts
who were in office at the time OF the
adoption of the amendments, are con
tinued until the lst of January, and
can continue TO hold Cat leastl special
terms of courts until that time, and all
actions, suits and proceedings with GER
tain exceptions, pending in the county
courts at the time of the ratification of
the amendment, are now properly cog
nizable by the Circuit Courts, as If
they had originated in said Circuit
Courts.
4. The County Courts composed of
three commissioners, provided under
the amendment, is now an established
court in each county, and it is author
lied to hold four regular sessions in
each year ''at such times as may be
frsd upod and entered ofr,cOrd by The
,nid court.
Unfortunately, however, the Act OF
1879, providing for submitting the
Amendment, declares that tho terms Of
Office of these Commissioners shall not
begin until January l. The Courts are
established from the date of ratification,
but the officers of the court are not, I'M
less it can be said that the act in ques-
ton is in derogation of the terms OF the
Amendment itself, which establishes the
new County Court from the day Of rati-
tication.
This is one of the most important
features Of the Amendment. The old
County Courts are abolished; the new
County Courts are invested with au-
thority TO Judge of the election, quail
fication and returns OF their own mem
BEES, and of oil county and district eff
GERS"
Unless this new County Court can
sit, we do not see how the county Off
GERS elect are to qualify within the limit
of time prescribed by law.
The amendments seem TO have been
adopted. Whether they have been rat
flied by amnjority ofthe qualified voters,
in such a manner as to make them
part of the organic law, may be said
still TO be an open question. It's mooted
that before the Governor acts in the
matter, the question Of a legal ratifica
ton may be raised in the hope of get
ting rid of long series of complications
but the probability is that we will have
to stand up to it.