Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-21
OUR CONSTITUTION.
SOME OF THE PARTICULARS IN WHICH IT
NEEDS AMENDING.
Some Local Expressions Of Opinion, Called Forth
By the Charleston Talk of Calling Con-
vsntion to Consider the Fundamental
Law Of the State.

The reference in the annual message
Of Governor Fleming to the Legislature
to the ACCESSIBILITY of so amending the
Constitution of the State as to prevent
the further accumulation of the ire
ducible school fund, and the more or
less general discussion which has since
taken place at Charleston as to the fun
damental law of the State and the ne
cessity for changes In various partlcu-
lars. has led by degrees to talk about
Constitutional Convention, and this has
naturally attracted attention here in
Wheeling.
Yesterday, a reporter for the REGIS
TER circulated about town, and found a
considerable degree of interest in the
matter, and a number OF important
aud interesting suggestions were made.
There does not appear, at present, to
be any well-defned sentiment In FAVOR
of calling such Convention, out there
is quite general sentiment in favor OF
making certain changes in the Constl-
tuition. Perhaps local sentiment is best
stated in condensed form, In this: Dis
cussion has not been active enough
to create a sentiment in favor
of Convention, but il Con-
yentiou'is to be held, that there will be
no lack of important propositions
brought before it. In few days more
definite statement may be possible
when the matter has been more fully
considered by those competent to pass
an opinion upon the subject, and with
a view to aiding in bringing about
that discussion and reflection which
a proposition OF such Importance should
have, the REGISTER will, commencing
with this morning, present the views OF
q number of members of the Ohio
county bar.
NIB. HENRY NJ. RUSSELL.
When asked yesterday for his views
upon the proposition to call Conven-
tion, or, at least, formulate some amend
ments to the Constitution, Mr.. Russell
said:
zone of the matters which should re-
ceive attention is the question OF salaries
of Judges of the Supreme Court
OF Appeals. The present sal
ary of $1,000 is ridiculously low.
l can recall but two OF the
Judges of the Court, ia recent years,
who have had the good fortune 10 re-
side at those places where the Court is
required to hold its terms, they being
Judges Green and Lucas, whose homes
were at Charestown. All the other
Judges, If my recollection serves me, re-
side at points other than those at which
the terms of the Courts are held,and they
are compelled to be absent from their
homes nearly or quite SIX months OF the
year. Although they are allowed
mileage, should imagine that attending
the terms of Court entails an expense
of $500 upon each Of the Judges, which
leaves them but the very modest sum
of S1,700 net, upon which to live.
Under such circumstances it is almost
idle to expect lawyers OF the proper
calibre to sit upon the bench. To do
so, a man must inevitably draw upon
his private resources, should he have
any, or else live in manner not in har-
mony with his position. To sit upon the
Supreme Bench of the State should
be the ambition Of an attorney;
and such place well rounds out a sue
cessiul legal career-yet TO accept the
place one must sacrifice large prac-
tice without getting anything In re-
turn except the honor of the Bench.
Almost any attorney who is fit to be-
come member OF the Court OF Appeals
can make several times the amount OF
the salary paid by the State to Judge.
If the salary was, say $4,000, man
making eight or ten thousand per year
would be willing to forego the differ
ence in consideration OF the honor, but
as it is, it can scarcely be expected that
this will be done. These remarks will
also apply, to large extent, TO the Cir
cult Judges.
at also seems to me that the expert
ment of having four Judges upon the
Supreme Bench has not been success.
The idea seems to haYe been that when
there is an equal division upon a case
the Judgment OF the Court ought to be
In the affirmative, as with the Judge OF
OF the Circuit Court there would be
three judicial minds as against two.
The fact is, in practice, that the Judges
of the Supreme Court often differ upon
a question which the Circuit Court has
not considered at all, so that on the
question upon which there is differ
euce there is not the concurrence
of three judicial minds, and we
have the anomalous situation OF
the Court being blocked in COM
ing to a decision by the Constitu-
ton. The Supreme Court ought to be
composed of an uneven number of
Judges, and l would rather incline to
five than to three. The Supreme Court
not only decides questions of great i'm
portance, but it also settles the law, and
its decisions rot only affect the parties
Immediately concerned in the cause at
issue, but the rights o! all other citizens
as to property, etc. As the principles
involved in these decisions become the
law of the State, by which all matters
of a kindred nature must be shaped In
the future, the Court should be matter
OF grave concern.
Another matter which suggests
itself to me is this: The civil jurisdic-
ton OF Justices should be limited to
500, and appeals should be taken from
them to the Circuit Court, the decision
of which should be final. There is an
other very important thing 10 that con-
nection. The Constitution ought to
take away from Justices the right to a
Jury trial. The jury is most excel
Il, plora IN