Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-27
-. The Courts of Virginia.
ro thl Editnr ofMe Dispatch :

In some Of the recent issues Of your
paper ] have noticed communications
recommending not only amendments to
the Constitution so that only portion
of the Court Of Appeals should be
elected at time, but also changes in
the circuit courts. While, therefore.
these subjects are under consideration
/ trust | may be excused if ! recon-
mend a remodelliDg and change Of the
whole judicial system Of the State. and
especially the county courts.
For more than forty years ! have
observed the different systems thst have
been adopted by the State, and Of all
the present is not only the most expen-
sive. but the most inefficient. The Old
county courts, that in the convention
Of 1880 were so beautifully eulo-
cized by the Hon. b. Watkins Leigh.
are now nothing more than a shadow OF
what then CLAIM, his admiration. The
condition Of society and the institutions
Of the State now are vastly different
from what existed at that time. The
county courts Of that day were COM
posed Of gentlemen Of wealth. char
acier. and influence, recommended t.
and appointed by the Governor. Their
jurisdiction was limited. but EXTENDED
to both law and equity, civil and crimi-
nal. They served without'paY. and the
only compensation they could receive
was. If after long service any one be-
came the senior magistrate, be was en-
titled to the sheriiralty. which. if he
accepted he could farm out to deputies,
who paid him . small sum for the Office
and furnished all the security required
on his official bond. OF the men that
constituted the msgistracy | have an
abiding recollection. They were gen.
tlemen Of practical ssgscity. combined
with patriotic principle and lofty indie
pendence. They mingled with the peo-
pie on the court-green, and were truly
the exemplars OF the community in
which they lived.
This continued till 1880 when a
change in the Constitution made the
magistrates an elective body from
whom they should select a presiding
Justice who was the presiding officer OF
court. lie, with not less than two
others, constituted court that hsf
the same jurisdiction as its predecessor.
They were paid per diem for every
cav either Of them acted as a member
Of the court. The members of these
courts were mostly men Of standing IN
their respective nelghborhoods, but not
generally of that lofty character that
distinguished their predecessors. OF
our county courts after the war. mp to
the time when the present system was
adopted. 1t is useless to express an opIn-
ion. Ii was incidental to if not a
consequence Of our then unfortunate
condition, but there was no friend Of
his race felt relief when that era of
ignorance ard corruption was abolished.
We now come 10 the present system
Of county-court Judges. which we have
tiled for fifteen years, and which |
think experience has proved to lie ut
terry inefficient. lis true courts arc
held monthly in the counties. as in the
olden time. 50 that the people can as
semble and exchange with each other
their ideas upon subjects in which they
feel an interest: but the Judges gene
rally are not men Of that talent and ex-
perieDce we should look for in men 10
be entrusted with the lives and iibeT-
ties of the citizen. How honest So
ever they may be. they are not such
men as we would consult az counsel
upon subjects affecting life or liberty.
And yet they are entrusted with the
decision Of legal questions inyoly-
ing the most important consequences.
You cannot but admit their ignorance.
and yet submit to their incapacity. til
but a natural result Of the system. The
average nav OF a county Judge does not
exceed $500. and no lawyer in full prac-
tice unless he be old and wealthy and
DESTROYS 70 retire can afford 10 give up
his practice for so small a consldera-
ton. ] say give up his practice, for
while he as county Judge may practice
in other courts. yet his Judicial duties
so interfere with his practice that he
cannot properly attend 70 1t. and It will
leave him. Hence We find generally
that men with little legal reputation
and less practice are the only law
yers who can be induced TO accept
The Office. This being the evil,
how can it be corrected: Be
ing but a plain countfyman. | shall
only consider what, in my judgment. Is
the remedy for the evils Of the county
court system, leaving 10 others more
experienced TO suggest any changes
they NAV deem necessary IN corpora
ton courts. What would suggest Is
that the Constitution be so amended as
10 authorize the Legislature to divide
the State into districts composed OF
three or four counties, according TO
their population and general amount OF
business. From each district so lad
OIL let there be one judge elected, who
shall receive from said counties as
salary the aggregate amount nov pad
10 the county judges of the district. Let
him hold in each county, as at present
his monthly court. and 50 enlarge his
jurisdiction that all questions OF law and
equity could be cognizable before him.
If the criminal docket could not all be
tried at the monthly term let the alter
nate quarterly terms be devoted to that
exclusively and the other quarterly
terms be devoted to civil causes. Abol-
ish the circuit courts. and constitute
every FIVE of said district judges an In
termediate appellate tribunal, before
whom certain questions should be con-
sidered and adjudicated. The other
minuti@ OF the system could be regu-
lated and fixed by the legislature as
the workings Of the system might make
necessary. This l consider sys-
TEN that would be greatly preferable
to the present. Ii would insure able
| judges, inssmuch rs the salary would
induce able lawyers to accept the posi-