Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-08
:. cIrY NuIsANCE.
a Correspondent Has Something te Say
on Che Manner ID Which Justices
Ga.srts Arc Run.

Courts Arc Kun.
Ins.ices courts, no lees than higher
;ndicial tribunals, were designed by our
law and constitution to protect the life,
liberty and property OF the citizen; 10
alIov and not stir up contention; 10
nnnish and not instigate crime, and, in
Short TO do substantial justice between
lit;pants and not by barefaced sacrifice
nj instice to secure costs for the OFF,
Gals.
With few worthy exceptions, the
more striking because they are few, the
Justices courts OF the city OF Wheeling
nnder The new order OF things are Ia
mentabIe iarces, deserving the censure
of all good people. They are used as
machines to grind out costs and thereby
furnish living to host OF regular and
special officials.
This is no exaggeration made By dis.
appointed suitor,s hut a we'll known fact
that has become subject Of daily street
comment and discussion.
1t is charged and believed that some OF
the Justices have actually been so lar
foryetiul of their dignity and self respect
a. 10 instruct their constabies to hunt
M" cases, not only in their own dis
tricts, bat throughout the city and coun-
ty also. Whether this be true or not,
certain it is that useless and vexatious
arrests are being daily made; that the
constabulary force in the city have in a
great measure usurped the appropriate
functions Of the police, and, in const-
quence, our city, to the stranger, read
ing in the daily papers the proceedings
of the numerous justice courts, appears
Astounding in rO.dyism, instead OF b.
Ing, as it really is, one OF the most order
" corporations in the country.
Business men from other cities anu
States have assured thu writer that
,hey are subjected tomOre annoyance III
Wheeling by the law offices than any
where else; that they are met, at almost
eyery turn, BY accommo Iatlng gentle
men IN b ne clothes and brass buttons
moi policemen but alleged constable5).
who request a look at their license pa
pers.
Let any person attend lew assault
and battery or alleged breach OF the
peace trials before the average Wheeling
Justice, and he will no longer DOUBT the
lac; that the office OF both justice anu
constable is being made an engine OF
oppression for the collection OF costs.
I'VE have an excellent police court
with abundant jurisdiction, presided
over at this time by faithful and Intel
Iiaeut Judge. We have an admirable
police force, under the direction oil a
faithful and energetic Sergeant, en-
powered to enforce order and make
arrests. WHY then should our justices
aud constables, avtiling themselves OF
their technical privileges under the law,
90 about through the streets an alleys.
day and night, not like "a roaring hon,
but like iackals, seeking whom they
NAV devour?" Why? Because the
high and exhorbitant "costs" allowed by
the present miSchevious system, hold
out temptations too strong to resist
Is there no remedy for this growing
evil, which is thus cursing and lnJurlng
our city? A remedy under the constl
tuition? The present law may answer
in the country, where justices and con-
stables do not rely upon their offices
for living. and hence have no special
inducement, TO make, hunt up and spy
out business, but in populous city
like Wheeling it is otherwise. 1t Is
difficult, il not impossible, to discern
the wisdom of substituting the present
Justices act for that of 1872. IL is ad-
mitted that the constitutional amend
ments adopted in 1880, necesstated
some important changes, but not the
roofing up OF the whole system and TALL.
inv back upon that OF 1868, which had
been tried and found wanting. These
amendments, whilst enlarging both the
civil and criminal jurisdiction OF JUS
tees, did not, as some suppose, necessl-
tate the establishment Of jury trials in
their courts. True, where the amount
in controversy exceeds $40, ltigant is
entitled Gf he demands it, to trial by
iury-and this under the Constitution.
But, that could have been met, as it has
been in other States and formerly was
in our own, by giving the defendant
right to certify to court of record, in all
cases, wherein the amount in contro-
versy exceeds $50.
Again, we ask, is there no remedy
under the Constitution, for the evil?
We think there is. Instead OF or S
magesteriaI districts (which need have no
connection with school, commissioners
or voting districts; see Constitution
as amended-Article s, section
27) let Wheeling be laid off
in three districts. This would allow us
six instead OF sixteen or eighteen JUS
tees; let there be one, and but one
Constable in each district. Let the
Justices court, in each district, be open
all of the time, for trials, but let the two
Justices hold the same alternately; that
j., let Squire A hold court for trials this
week and Squire B for next week, and
so on during the year. AS the mode OF
raising compensation for Justices and
Constables is not prescribed by the Con-
stitution, let the Legislature empower
the Board OF Commissioners Of Ohio
county to pay them specific salary all
costs and Ices, which ought to be re luz
ell one-half, to be- paid into the County
Treasury.
By this plan we may secure for our
city:
/. Horpst AMI capable Justices and
Constables, not dependent upon fees
and costs ior their compensation
.. Justices courts p assessing the con.
tdence and respect OF the public.
We would apply this change to the
whole county oi Ohio, making differ
ence, however, between the country and
city officials as to amount OF salary.
Under the proposed plan, our JUS
tees Courts will he cheaper to the liti.
CANT, and, through fees and costs,
source of revenue to the county; be-
cause the aggregate amount OF the reg.
ular ordinary fees and costs, reduced
one-halt the present rates, will still ex-
ceed the aggregate sum required for
the payment of reasonable salaries.
But the greatest advantage to be de-
rived from the proposed system. is the
fact that 1t will put an end to spying
justices and prowling cDnstabes, BY
placing these officials independent OF
mere fees and costs. As long as the
prt sent order OF thing. exist, just so
long will these worthless be the objects
OF public suspicion-detracting from, in
stead Of adding to, the dignity OF the
magisterial office.
The writer again excerpts from the
general criticisms few, very few, OF the
wheelines J. P.'s.
JUsTITIA FIAT.
pnAurIN Ma RuI,I,ETIN