Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-02-20
RIPE FOR REFORM,
The Present Modes,of practices In
Our State Courts.
SIMPLE eUT IMPORTANT CHANGES
Which Would Give Create: Weight to the
Decisions Of the State Supreme
Court and Make Them
More Respected.
Special TO tie Rs1iStT.

CHARLESTON, w. VA, February lS.-here
are some suggestions for the lawyers aud
judges throughout the State in regard to
certain reforms, or perhaps ! should say
ch nges that think should be made in the
practice of the Courts Of the State. / shall
first speak of the Supreme Court, and
though am not in the habit Of prefacing
any remarks I may have to make with an
apology, still will take this opportunity
to say that nothing that am going to say
criticism upon any of the
eminent gentlemen who have sat upon
our Supreme Bench.
l have seen it stated somewhere that
Charles O'JonRor once declared in Court
that the first FIVE Supreme Court reports
OF West Virginia were fit for nothing but
the waste basket. / do not believe that
Mr.. O'Connor ever made such q remark,
for 1t would show him to be sadly lacking
in both good sense and good taste. But be
that as it may, it is fact, one to be depre.
Gated, trow, that our judicial decisions
are not regarded by the Courts OF other
States as having that weight which we as
citizens, would like to see attached to them.
The purpose Of tbs letter is to point out
the reason and suggest the remedy.
The Present Rule Of the COnrt
requires the appellant to file his brief four
days before the case is called and the aP'
pellee two days prior to the calling. The
President then assigns the case to one OF
the judges, and he alone examines the
record, reads the briefs, looks up the law
and writes the opinion of the court. So
far then as this case is concerned there
might as well have been but one judge on
the bench, and so far as il assists that
Judge in producing a good, sound opinion
there might as well have been no argu.
ment.
An old ministerial brother preaching
amid the wilds OF Tug Ford, OF Davis Creek,
took for his text the words, without con.
troversy great is the mystery oi Goodness,
He said Ee would not waste his time in
demonstrating any proposition the truth
of which was so automatic as that OF the
text, and so occupied his time and the at
tention of his hearers with the converse,
and had but little difficulty in proving to
their minds and his own satisfaction that
controversy, full, free, and untrammelled
would cause the clouds of mystery TO roll
away and leave Godliness clear and visible
as sunrise. Both the text and his converse
are applicable to the subject under discus
sion at present. Without controversy
great is the mystery OF the law, with ca
troversy its clearness is luminous.
Under the Present Rule
of practice in the Supreme Court there is
really no srgument, no controversy, for
the appellant and appellee have no oppor.
tunity of examining each OF $ briefs,
and the chances are that each "A argue
different line of facts and diff u: theories
of law. In short, there is no contact of
mind between counsel and none between
the Judges. l would suggest that our
court sdopt the rule follow by the 81.
preme Court of the United States. That
tribunal requires an oral argument in each
case. The counsel arguing under the di-
rection Of the court must agree as 10 iacts,
for il they take issue as to any fact their
difference Of opinion is easily settled by
reference to the printed record. This
would eliminate from the discussion most
OF the authorities, IS it would lie very
easily ascertained upon exactly what point
the case actually hinged, and only those
authorities would need to be produced and
discussed that were applicable to that
point. II q cause is thus well argued be
fore an intelligent bench in the large ma
iority of cases the court could IN its con.
sultation room, on the day following the
argument, properly decide the cause from
the facts as agreed upon In the oral argu'
mept and the law as elucidated by the dis
crssion, and then assign 1t TO one OF the
Judges, who would write not merely his
own opinion but the opinion OF the court.
II this reform in the practice was adopted
il would have two good effects: 1t would
Vastly Improve the Arguments
made before the Court, from the fact that
where decisions would probably turn upon
the oral discussions the lawyers would pre-.
pare elaborately for 1t, and their arguments
would be what it is proper that they should
ac - ) i,.rCs to the bench. 1t would
-fs,- ....... ~ tie decisions, and lessen the
.' tae Court, because the Judge who
.p . the opinion would have the bene-
lit uf o comparison Of views-the contact
of mind-not only Of the counsel VINO
argue the Gaze, but also OF the other medi-
bers Of the Court.
Heretofore, on account OF the ctDTisd
condition OF the docket, it has been taIusbs
that this manner Of proceedings wou'd con
sumo too much time. ! believe thit tIIsis
a mistake, and that II would real Y b.
saving OF time, and ! would engage TO
demonstrate the soundness OF my be ief,
but for the fact that, thanks to the untirinR
energy of the present members o. the
Court who have about caught up. with the
business, The plea of went Of time is no
longer applicable. In another letter shall
discuss some facts in connection with the
Jury system and the manner Of procedure
In criminal cakes.
These suggestions are intended rather
for the menbe OF the bar throughout the
state than for the Judges, ssi II they shall
have the effect OF starring discussion OF
the matter that wilIlesd t. reform, whether
il be the mode I sUgges. or not, my pur.
pose will have been accomplished. would
further suggest to the lawyers the orsani-
zation of o bsr association, for the purpose
OF taking the proper steps no: only in .e
forming tie court practice, but in making
the alterations in our COMM erCisl laws
rendered Necessary by Tie fac that we are
fast changing from feel eGtt2utuFAl t.
sminirg and nsnufrc' urirg safe.
THET,