Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1888-10-27
THE AMENDMENTS.


In the heat OF the Presidential and
other elections, amendments to our
State Constitution, which are pub
llished in another column of THE
HERALD, although very important,
will likely not receive the consider
alton they should. It should be
borne in mind, says the Wellsburg
Herald, that besides the amendment
providing for the suppression of the
liquor business as far as practicable,
there are also two other proposed
amendments to the State Constitu-
ton, as set forth in the Governors
proclamation, upon which the West
Virginia public will be expected to
express its mind at the November
election.
The first, we may say, is in refer
ence to trials before justices where
the sum of money in controversy ex-
ceeds $40 exclusive of costs. Here
tofore, at the option of either party
to the suit, such cases were triable
either before the Justice alone, and
without a jury, or bcfor Justices
jury of six jurymen. In case of an
appeal from the verdict of a Justices
jury in such a case to the circuit
court, the case could not be retired
by the circuit court upon its merits,
but simply came before the circuit
court Judge for the ratification of
errors in the trial in the Justices
court, and went back for new trial
before the Justice on the instructions
of the circuit court judge. The effect
of the amendment would be to make
the case appealable to the circuit
court for trial in the ordinary way,
wi ere and when it could be tried,
de moro, by the ordinary rules OF that
court. This, it is claimed, would be an
improvement and as there does not
appear to be anything Objectionable
in the change from public point of
view. and as the legal fraternity who
have had experience in such matters
approve of the change, it is not pre-
sumed that there will be any serious
objection to making it.
{" The next amendment is in refer
ence to the sessions of the Legisla-
ture. BY the present law the ses-
sion OF thirty days can be continued
Is days. or 45 day s in all, by vote
of two. thirds; the proposed amend
ment makes it sixty days and no
longer, instead of forty five, and it is
for the wisdom of the people to say
whether the business of the State
would be any better done in the lat
ter time than in the former. We are
rather Inclined to the opinion that
there will be no advantage in the
change to balance the extra expense.
The actual business can be as we'll
done in forty-five days as i'll sixty,
if members are really satisfied in
their own minds that the forty.
five days will end the session with
out any possibility Of an extension
and go att. Ifthere is possibility,
experience demonstrates that the
members will dilly-dally until near
the close of the time, no matter how
Hong it may be, and put off the actu.
al business until the last few days
allowed and then not be hurried any
more at the close of forty five days
session than at the close or sixty or
ninety days, though it is possible
and even probable that the active,
business.doing part of them will tire
of it before that time and in various
ways manage to shirk their public
duties by absenting themselves, and
leave the finish up to the incompe.
tents at last The pay, bear in mind,
for incompetents as well as compe-
tents. goes on all the same, and is
bigger item in the pockets of the for
mer than it is in the pockets of the
latter, and in the aggregate, fifteen
days pay is very considerable
aggregate out of the pockets Of the
taxpayers Of the State.
i Besides all this, in case of actual
emergency extra sessions are always
in order, and our Governors have
+ never shown any delicacy about call
ing them ifthe exigencies seemed to
require it. Extra sessions
however, are not popular with
the public, and there is less
danger of their being called Tor tri
vial reasons than there is of protIac
ting session to the last hour fol
like reason. Short sessions. def
) nitely fixed as to time of adjourn
ment, it looks should expedite bust
ness, and cause it to be better done
and at the least cost, hence the
amendment might with advantage
be voted down.
Prudence! Prudence!