Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-11

A'word in Behalf of Chancery suitors
Correspondence of the Register.
A few days back, the evil practices
characteristic OF a majority Of the
Justices courts OF this city, were
criticized by the present writer, with q
severity far short OF thier enormity.
That the article gave umbrage to some
of the officials, is the best possible
evidence that the shoe "pinched;" in
other words, that the charges made
therein were true.
Are there no other courts deserving
critical notice7
Is business dispatched as promptly III
our circuit courts, (the plural is used be
cause of the present duplex system in
the first circuit, and no discrimination
is intended as the interests OF suitOrs
demand2
The caricature Dickens has drawn in
his Bleak House, of the chancery court of
England, its tedious delays, its frequent
continuances, its snail-ike progress,
and its cruel disappointment, ia not
without Applicability T. Similar c"nrts
in the American states, or 81 least IN
such of them as have adopted the com
mon law procedure
But evil as Il the system IN Itself, II
furnishes no apology for Withholding
a decision for months alter the case has
been matured, argued and submitted.
II may be argued with some plausi
bility, that DELAY in important eases, by
giving the chancellor an opportunity to
nunt up the authorities at leisure and
examine the evidence more carefully,
enables him to render wiser and more
satisfactory opinions
Let this be granted. and We are still
unable to see the sufficiency OF the ex-
cuse, except when applied to courts OF
the highest appellate jurisdiction, which,
by statutory mandate, are required 10
write and publish their opinions, to
serve as authoritative enuncIations Of
legal principles for the guidance OF all
inferior tribunals.
Now a circuit Judge is not
required to write out his opinion in
any case, nor, in fact, ia he required to
give in any form Whatsoever, reasons
tor his decisions.
Presumed to be learned in the law,
We have right to expsc; oi him a
prompt decision OF the cases submitted.
Such is the practice in other circuits =
why should a different rule prevail
herer
Now, il would he unjust 10 charge
either oil tue judges, how presiding over
the first circuit, with having originated
the present existing practice.
Bur Se have right to insist upon its
correction. There IL no good reason, In |
law or IN common sense. why chancery
cases should not be decided at the same
term in which they are submitted.
A judgn, whose mind is we'll stored
with the fundamental principles OF law
amt equity, is better able, Immediately
alter rearing an Argument oil case, TO
render a sound decision, than after
months of delay, when the memory OF
the argument has become dim and I'M
certain. This was the expressed opin.
ion OF Chief Justice Marshall-himself
the greatest Judge OF modern times.
True, the bench ought to be out of
the reach of popular clamor-when that
clamor results from prejudice or ign"-
raHce-Or. as is sometimes the case.
when caused by disappointed suitors, or
unsuccessful ATTORNEYS.
But. on the other hand, in free gov
ernments ike ours, 1t is Legitimate to
point ont in the public press all prac-
tees, pertaining even to the sacred pre-
cincts of the bench, that clog, jeopor-
die or, in any unnecessary way, inter-
fere with the business of the public. /
Want OF promptness in deciding cases
is an evil practice that crept into the
first circuit years ago, and many, II not
all, OF our citizens would like to see
their present judges do away with 1t.
JUsTITIA FIAT.
Query: Will the present repairs at !
the Court House. by which large, airy !
and comfortable court room is being
cut up into two little LAWYERS offices,
serve TO expediate businessP