The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1881-12-29
A Duty Of the Legislature.

"A Duty Of the Legislature
The Legislature, when it convenes, after
the festivities Of che holidays, will have to
confront it grave and intricate responsible
ties. As we have before stated in these co..
umns, the result OF the election in Noyem-
Der last was but the beginning OF the end.
1t gave assurance Of the Inauguration of a
new dispensation, imposing new duties and
responsibilities, which must be met with
courage, firmness and due consideration
No State in the Union has been more
wronged and oppressed by pernic ious and
selfish legislation than Virginia. Partizan-
ism has been the power and partizan ends
the controlling motive in almost every
enactment that has been placed upon the
statute book. The people have been so ac-
customed TO the rule of the rings and the lit
tie court house cliques, and the press has
been so subservient to party mandates, that
the sources OF the impositions they have
felt have not been understood or inquired
into, for the reason that heretofore every
intlmation of wrong doing has been met
with the command of silence in the interest
of the party. But now that the despotic
power of Bonrbonism has been broken its
enginery of persecution and prescription
weakened and its whole machinery so multi
ated and dismantled that it can only con-
template its own ruin without the power to
avert it, the interests of the people may be
considered and consulted in the reforms
that may be inaugurated and the laws which
may be enacted.
One OF the first and most imperative du-
ties the Legislature will be called upon to
discharge and provide ways to grapple
with, will be the chancery practice of the
State. The whole system has been devised
and perpetuated in the interest Of the legal
fraternity and the law officers OF the Com
monwealth. 1t is system which has for
its object the robbery of creditors and
debtors and the absorption of estates by
those whose duty it should be to protect the
rights ofcreditors and debtors. For imma-
terial liabilities, where mo (personaD prop
erty found" is the return made upon
the process placed in the hands of the agents
of the court. chancery proceedings are in
stituted, large costs incurred, and indefinite
delay assured in the subsequent proceed
ings to subject the realty to the claims in
action. The difficulty and delay in collect
ing debts have made Virginia by-word
throughout the country, and done more to
impair Stare credit, discourage bus mess en-
terprise and repel capital than all other
causes combined. Once get an estate into
the chancery court and both the debtor and
creditor may bid long farewell to assets.
nine cases out of ten. 1t feeds the lawyers,
commissioners, clerks, and collectors, while
the real owners OF the property are COM
PEELED to look at the gradual eating away of
their substance with no power to prevent
it.
1t is not our purpose, this week, to go
into the details of the reforms and modifi-
cations which should be made in connection
with this matter. This we shall do hereaf-
ter. and make some suggestions which we
are sure the majority Of the Legislature
will take pleasure in considering and re-
ducing to the form of law, that the people
may be protected against the wrongs which
are perpetrated upon them through the
chancery practice OF the State. We expect
a howl from those who are battening upon
commissions grow ing out of this practice,
but this will not frighten any one. The
laws should be so changed as to guard
the rights of creditors in the collection
OF their debts, and to protect the rights
OF debtors, in that their property should
go to discharge their honest debts, and not
to swell the pockets of agents and officers
of the laws as they now exist. We believe
reforms could be instituted in this respect
which would save to the people of the State
Creditors and debtOrs--hundreds of thous-
ands of dollars every year, simplify the
process of collecting debts, weed ont the
rats in the legal profession, and elevate the
bar to that standard which it should main
tain. as one of the most honorable and es
sential professions that have been created
by the neces stiles Of society. There is not
State in the Union that is afflicted with
such complicated legal practice-with so
many distractions to the ends of justice-as
Virginia; and the L 'gislature will fall far
short of its duty if it does not approach
this subject with brave purpose to probe
the wrongs to the bottom and revolutionize
whole judicial system If eeds be, for
the protection of the people against the
present unjust and ruinous methods of dis
posing Of litigious interests.