The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-12-17

The article in The TIMES yesterday
morning referring to the institution Of
two courts in the city, ono for tho trial
of the criminal, and the other for chan
Gerry cases, caused no little talk yester-
day among tho lawyers.
While most of them agreed that it
would be good thing for persons who
have business before the court, many
doubted the constitutionality of tho
scheme, and said it would be useless to
advocate it unless Roanoke had 10000
inhabitants.
The lawyers are complaining about
the pressure of business before tho
court. They say it is impossible for
them to tell just when case will be
tried, although it may be set for a
specified day. One lawyer said ycster-
day that he had q case which W as dock
eted for that day, but on making an
examination found there was fifty-two
cases between it and the Kelly case,
which was then being tried.
To give some idea of the immense
amount of business before the court tho
clerk gave TIMES reporter the follow
ing figures yes terday as the number of
cases in the court for the Decem Der
term:
Onancery cases. .125
Writs Of enquiry. As
Office judgments. .133
Motions for judgments, appeals and
warrants. ......,.......; $50
Total ................... $50
BESIDES these there arc about 125
chancery causes which have accumu-
lated and awaiting to be docketed.
Judge Robertson was asked to give
his opinion in reference to tho question
of whether or not another court could
be formed under the constitution of the
State said he: This is matter which
cannot be answered in minute. 1t is
question which will require study and
| am not prepared to express my opinion
on the subject today. There seems to
be some hitch in the State constitution
which makes it very delicate point of
law"
Col. John e. Penn, on being inter
viewed on the subject said, after refer
ring to the lnadeQuacy of the Hastings
Court to transact all the business now
before it: 81 favor police Justice who
Will be invested with the power of q
county court judge, and whose duty it
would be to try all criminal cases.
think this matter can be provided for by
tho legislature. The Hastings Court
should Try civil cases and appeals from
the justice. The court is now blocked.
and the people and lawyers must have
some relief
w. A. Glasgow. IT., said: 81 think it
is necessary to have 10000 people be-
fore we can secure another court of
record. The charter committee isnoD
considering the matter"
Judge King, chairman of the charter
committee, was next seen and said: 81
do not see any way to secure another
court of record and. probate. The con-
stitution says especially that there
must be 10000 inhabitants when an
other judge may be elected"
w. y. Hardaway is very enthusiastic
over the subject, and said he had found
tuby close examination of the consti-
ton that another court could be 1nstitu-
ted at the option of the legislature. Said
he: II was much pleased to see the timely
article in The TIMES this morning stat
ing that there was too much legal bust
ness for one Judge to dispose Of. In nv
opinion the suggestion of THE TIMES as
relates to having an additional Judge
for the disposal of criminal business is
49, A~@Oob
been made for many day. At present
our admirable Judge is worked almost to
death. In my opinion he is the hardest
worked man in the city of Roanoke, as
the civil and criminal docket of his
court is probably more crowded than
any other court i'll the commonwealth.
think the suggestion will meet the
approval of all tho lawyers of this bar
and will be Of incalculable benefit to
Roanoke. / regard it as more important
than tho securing the sitting of the
court of appeals OF the United States
court in this city.
1T has been suggested that the con-
stitution will not permit city to have
two courts unless it has population of
$4,000. This provision, it IS true, is
found in section ID, of the constitution,
but there is another section which |
think will give tho Legislature. full
power to establish court here if il is
deemed necessary for tho ADM nistra.
ton OF justice. refer to section %.
article 5, of the constitution of Vir-
GINA, which reads as follows:
Section 30. The legislature shall
provide for the government of cities
and towns. and to esta blish city courts
therein as may be necessary for the ad
ministration of JUSTICE
'"Section IA, article S, of tho consti.
tn ton, reads as follows:
"'Provided that in cities and towns
10000 inhabitants there
may be elected an additional Judge, and
two couri Is of probate and record, sep
arate and apart from the corporation or
Hastings Court and promote their
duties as shall be prescribed by law.
There is nothing in this, or in any
other portion OF the constitution which |
prohibits city with less than 10000
from haylnp twn courto