The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-12-18

The amount of business in tho Hust-
lngs Court during the year has been
enormous. No term has passed wherein
all the business was disposed of. Doz-
ems OF cases have been laid over from
time to time. To give some idea of the
number of suits entered during the year
since January first, the chaucery
and common law docket was overhauled
yesterday with the following result:
Chancery cases docketed since Jan
uary l, gig; common law cases for the
same time, els; total, SGT.
Not moro than two thirds of these
cases have as yet been disposed of.
Many OF tho lawyers are becoming dis
gusted with the state of affairs and will
not make any promises to clients when
they take case. One lawyer said yes
terdaY he had forty cases on the docket
last month and only two were dis
posed of.
Tho matter of providing another
court for the administration of Justice
for the city is still before the lawyers,
and the matter is being fully discussed.
The Code of Virginia is being studied,
and opinions differ as to constitution
atty of the move. A TIMES repr -senta-
tive interviewed nearly all the lawyers
yesterday, but most OF them would not
give an opinion on the subject from the
fact that they had not examined into
the law. Some did not think it was of
any Importance, as tho overcrowdcd
condition of the court at present would
not last always.
A. i. Staples said: II am inclined to
think Mr.. Hardaway is right, and that
another court can be established In this
city. AS | understand tho law it pre-
vidcs general power to the legislature
to establish courts in cities 1t further
provides that when the population of a
city Shall have reached 80, GOO, another
court may be demanded. But the law
does not state that city having less
than that number Of inhabitants shall
not have an additional court. On the
other hand the matter, us I construc
the law, is entirely with tho legislature
when 1t is show n thatnecessity demands
another court"
William Lunsford: ~ think if there
is any possible way to get another
court here it ought to be done. Il the
present rate of the disposal of business
goes as it does now and business con-
tinues to increase, year hence will
lind the court in the Same condition
and even further behind. In view of
the plenary power of the Legislature,
unless it is especially prohibited, that
body has tho power to create this ad-
ditional court. Tho constitution or
code does not provide for tho establish
ment of railroad commission, ye5 it
has been done. 1 am glad to see THE
TINES taking this matter up, and let mo
add further that think the spirit of
ltYts m - \
these questions of public interest is
most cOmmendable and should be fully
appreciated"
r. L. Scott: "My off hand opinion is
that section 30, article 5. of the consti-
tuition of Virginia, which says that Tho
legislature shall have power to provide
for tho government of cities and towns,
and to establish such courts therein as
may be necessary for the administra-
ton Of justice, is general grant of
power to establish such courts as the
legislature may deem necessary for the
proper administration of justice. 1t
does not seem to mo that section Il,
article q, limits the power of the legis-
lature in this respect except that when
city has 5000, population it makes
it mandatory upon the legis-
lature to establish Hastings Court for
first section mentioned, the legislature
has discretion to act or not to act;
under the second it is bound to act so
far as the establishment of a Hastings
Court is concerned. do not think the
last clause of section II, which reads,
provided that in cities and towns con-
tanning 10000, inhabitants there may
be elected an additional Judge to hold
courts of probate and record is an in
hibition upon the legislature to establish
any other court-for instance, a court to
have such jurisdiction as a county court
now has. 1t merely leaves it optional
with the legislature to act or not to act.
believe it to be rule of construction
that exceptions to general grants OF
power have to be construed strictly, and
will not be extended further than the
language used plainly requires"
j. A. Dupuy: II have not studied the
matter fully enough to give ny opinion
The two sections in the code which re-
fer to this matter seem to conflict,
though / believe there is solution to
the difficulty, but am not prepared to
say what it is as yet"
Il. NJ. Wood said: 'l do not think we
can get another court here under the
present construction of the constitute
We might possibly get probate court,
but this would not help the matter In
my opinion l think it requires city of
3d. 900 inhabitants to have two courts
think, however, the Council ought TO
cause an accurate census Of the city to
be taken. II such is done l an conf
dent it will be found that we have 25,-
900, and by next summer we can easily
reach the 80, 600 mark"
Capt. Crumpecker: The constitution
OF Virginia provides for the courts that
we are entitled to and names them,
hence the legislature cannot go beyond