Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-19

during the session OF the Legislature.
<Adepted.
& BY Mr.. Bee: A resolution instructing
1.-THE Committee on the Judiciary 20 inquire
into tfie expediency Of so amending the
law as TO make the bonds of sherifis and
constables have the effect of judgment as
sgainst their property.
New Bills.
BY Mr.. Cox: A bill providing for the
sale and conveyance of property belonging
10 church or benevolent association.
BY Mr.. Sydenstricker: A bill to amend
the law concerning the assessment OF taxes.
Mr.. Leonard, from the Committee on
Taxation and Finance, reported the follow
ing bill, with the recommendation that II
pass:
"Bc Il enacted Jy tie Legislature Of West
Firgihia: That the Auditor is hereby
authorized to transfer and assign, without
recourse, TO any person or persons who
may be willing TO purchase the same, the
claim of the State against the Merchants
Bank of Charleston; provided that the said
transfer and assignment shall not be made
until the sum of twenty thousand dollars,
as of January L, 1882, is paid or secured to
be paid for such claim; and provided also
that the taxed costs paid and incurred by
Z the State in, prosecuting said claim against
" Did 4saifk and itssureties are also paid or
secured to be paid"
Supreme Court Reports.
Mr.. Hubbard made lengthy argument
in support OF the Revisory Committees
bill providing for the publication of the
Supreme Court reports. Mr.. Hubbard said
that the length of the opinions the pad.
ding OF opinions, and the use of the scis-
sors, in making up the opinions of the
Judges of our Court of Appeals, is an enor-
nous and unnecessary expense. This has
also brought our law reports into ridicule
at home and abroad. He referred TO the
anecdote related Of a prominent New York
LAWYER, Mr.. O'COnnor, who directed his
clerk 10 purchase for him all the law re-
ports of other States, and upon being pre-
sented, among others, with the West Nir-
ginia reports, handed them back, saying
that he only wanted ldw in his library.
Mr.. Hubbard caused some amusement
by reading from the report of one opinion
in the West Virginia reports five or six
repetitiOnS of the same matter. He in
stanced q case involving $780, in which the
opinion covered lis printed pages. He read
from several law reviews severe criticisms
on the length of the opinions in the West
Virginia reports, and said that in COnse-
huencc OF this, our reports Mad no stand
Ing and were not quoted from by other
gudges; they hod not, i'll this hurrying age,
slime to read them.
Mr. Quarter said that there is good rea-
son why the West Virginia opinions were
more lengthy than those of other States,
and it did not arise from the love of the
Judges for writing 1t arose from the con-
stitutional provision requiring the court
| 10 decide every point arising upon the re-
| cord. More than that, an act OF the Legis-
| lature cannot confer upon judges the pow
-. ~ ~
inherent ability in the Judges.
Mr.. Ferguson said that there was no
| such law or constitution as that judges
| must decide every point arising on the
record lie read from the constitution
! showing that they were only required to
| decide every point 'Jairiy' arising upon
the record; not every point every petit
| fogger shall raise or the record.
! Mr.. Riley was opposed To the provisions
| of the RevisOry Committee bill. He said
| that the Judge who writes the longest opin-
ions had recently been before the people
and was reelected.
Mr.. Hubbard said that so far from the
constitution requiring the Judges to write
long opinions, il explicitly required short
| ones. lie rcud from the constitution the
/ clause requiring that the reasons for the
iTecisons OF the Judges shall be "conCiSely
.sstated in writing not printed but pre-
! served in writing lie thought all our
! Judges have the power to condenSe anu
! they ought to be required to exercise it.
! Speaker Wilson thought there were as
good lawyers in West Virginia as Mr..
| O'ConnOr, of New York. His opinions had
but little influence with him. lie believed
/ the decisions Of our court cXpOund as
! good law as any court. and he did not ex-
Cept any tribunal in this country. All that
! there is in this question was good decisions
or bad decisions, long decisions or short de-
cisions, and the legislative branch OF the
government had no right to throttle or
dictate to the judicial branch in what man
. ner their decisions shall be rendered. lie
! did not believe il right to delegate the au'
| thority to CondcnSc the opinions oi the
court to the Reporter.
Mr.. Ferguson said that his colleague had
erected man Of straw and gone Is work
| deliberately to tear him down. The pro-
visions Of the committees bill were not
Justly open to the criticism OF the gentle
| man. The bill does not require the Re
l., rter TO condcnse, only when the judges
| 60 not do it themselves, or the opinions
cannot be- included in the volume pre-
| srribed.
Speaker Wilson made further appeal
?gsinst the proposition to allow the opln-
ions of the Judges to be mutil ated by the
! vporter.
Mr. Leonard did not think the legislature
was interfering with a coordinate bran en-
! of the government in regulating the print
ing Of the reports.
Mr.. Riley demanded the ayes and hayes
on the motion of Mr.. Quarter to strike
ont the part of the bill making it the duty
of the reporter to condense. The vote re-
suled as follows:
The ayes were: Messrs Wilson tSpeakerl
n i,r
ham, Hall (of Wetzel, Holt, kepner
Meadows Prince, Quarter, Riley, Rowley
Settle, Thompson, TPpett, wells (oi
,Miart6nl
The noes were. Babb, Bee. Brady, Cox
Davis, Davisson. Day, Dodrill, Edmiston
Evans, Ferguson, Fisher (of Braxtonl
Fisher lof Hardy, Fulkerson, Hackworth
Hall (of BARBOUR, Hobbs Hubbard, lr3QG
Johnson, Leonard, Lowery, Lurty, Luss
Lynch, Maxwell, McCord, McCrum, Nc
Nell, Monroe Orr Poe, Riley, seabright
Sheppard, Siler, Sinclair steere, Syden
stricker. Watson, Wayt, Wells tof Tyler
and Wilson (of Barbour lie ayes; Il nays
Recess till 8 o'clock.
Afternoon, Session.
The House re assembled at 8 o'clock and
| immediately resumed the consideration oi
House Bill No 2G9, concerning the Secre.
tary OF State and the supreme Court he'
ports.
! The fourth section was amended by al.
lowing the Judges of the Supreme Court to
return such volumes OF the reports as con
tain decisions delivered by them, and by
adding TO the same section, provision au'
thorizing the Secretary Gf Statc to exchange
reports with the other States OF the Union,
On motion of Mr.. McS~n, the Municipal
cotyt OF Wheeling WY included among
those 70 whom copies of t'ss Reports should
be furnished.
On molten Of Mr.. FERGUSON. the words
superintendent OF printing" and. ''commis
! sioners Of public printing were stricken
out, and reporter" substituted therefor
leaving the matter of contract for and print
ing of, in the hands OF the reporter, Mr.
| Ferguson stating as a reason therefor, thai
il would be proposed, at the present ses
sion, to abolish the Office OF superintend
ent of printing and adopt q more economi
cal and efficient method.
On motion of Mr.. Hubbard the WORD
"Grattan" was stricken out, and Otto