The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-07-10

T0ta..... ''''''''''Hs $500
INV
The Circuit Court now meets twice
year and the County Court four times.
Under the amendment the County Court
il TO be abolished aud tie Circuit Court
will meet three times each year. We are
still to have what may be called County
Court, but IL Is to be composed OF three
commissioners, two Of whom will be q
quorum, They can FIX their own time OF
meeting. Some folks object to the name
commissioners and think they should be
called judges or something else. II Is
said 20 rose by any other name would
smell as sweet but can imagine some
thing Il might be called that would effect
its fragrance. These three commissioners
are TO be elected by the whole county. At
their first meeting they selected by lot one
OF their number to hold for six, one ior
four and the other two years. No two
can be selected from the same magisteriaI
district. Their pay is g per day. Some
people object to this and claim that this Is
not enough. think it is; men will be in
duced to serve not for the pay. Good men
can be selected. The advantage Of long
term is that men OF experience will fill the
office.
They have no Jurisdiction to try suits
Through their clerks they have the Gus
tody Of all deeds and other papers pre-
sented for record. They have Jurisdiction
Of all matter OF probate, the appointment
and qualification OF personal representa-
lives and all the police and fiscal affair
OF the county. In short, they have all the
jurisdiction OF the present county court
except in trials OF causes. Three men can
attend 10 this business better than twenty
especially when q majority of the twenty
are incompetent. All actions and suits
pending in the county when the amend
ment takes effect will be transferred &c
the Circuit Courts. The county clerk t
now in Office hold during the term FOL
which they we're elected. have no,
found clerk Of the Coanty Court opposed
to the amendment. The profit OF the
county clerks does not come from fees II
suits. We are not bound to keep W
Offices 10 suit few men. Are the people
benefited by the change? II they are i
is enough.
The next change in the amendment Il
in regard TO Justice Of the peace. There
are Int two changes. Their civil juris
diction extends to $500. They have {
rieht TO try causes when this amount Is II
controversy. Under the present law thI
defendant can 60 before the justice beforI
trial when the amount in controversy ex
ceeds so, aud move the case to the Coun
ty Court. II the justice is competent Y
try case involving the sum oil $40 he Y
CAPABLE TO try case where the amount Il
$1,000. The Justice court will relieve thu
Circuit Court OF much little litigation ant
better class OF justices will be selected
The second amendment gives either part!
the right to have his cause tried In jus
tees court by a jury Of six men: SOM
think jury should never be had before
Justice. think they should. This amend
ment is bungliDgly drawn. No fac
tried by Q jury shall be otherwise re
examined in any case than according Il
the rules OF the common law.
This provision is found in no other con
stitution, | have examined thirty.thre
| of Them and do not find 1t. According
10 nv Judgment 1t amounts TO Just moth
ling. The common law provides no mod
OF re.examining the facts ola case, whethe
tried by Jury or not The only commoi
law proceeding in the nature oil an appea
which remains to Us Ia the writ Of error
and this writ by the common law Ia
! only TO court Of record and 1t removed 10
re-examinAtion nothing but the Law
The appeal isa civil law remedy, and re
moves the whole case, both law and fac
for review and retriAl.
The amendment:gives an appeal tror
the Judgment Of justice in such name
q as may be prescribed by law. See
. Crauch., U. S. Reports l0s. l would hay
said no fact tried by Jury should be trie
y except by the rules Of the common Law
/ There Ia no trouble, however, about tIyin
. these cases on appeal from the judgmer
Of q Justice to the Circuit Court. Th
amendment allows judgment TO be Co
;. rected by the Circuit Court on appea
7 The amendment thus gives US but OF
court In the same county 10 try causes.
It gives US three terms Of the Circu
: Court a year instead DISK, We now hay
9 TWO terms Of Circuit Court and four tern
g Of County Court The new system Will