Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1897-07-01

| -
enue into the public tresaury which
now goes into the private Golfers of
individuals. The fees derived from
the offices of Secretary of State and
Auditor are variouSly estimated
from $4,000 to $4,000 each per
annum. l submit the following
statement based on the average esti-
mate, namely, Sl2,5 each:
Fees accruing in Office of Sec
retary of State, s II, 800
Fees accruing in the Office of
Auditor, $4,000
s $4,000
From which should be deducted
the following salaries and increases
of salaries:
| To Secretary of State,
increase, ; SOC. 90
TO Auditor, increase, SOC. 90
To Commissioner Of In
SuranCe, new salary, I,5OO. 90
50, 800 90
Net gain to the public treasury,
$40, 900.
N's''N' NohihiCb VII llllS SbCllOtl
is hardly necessary. 1t stands a
fair chance of being ratified if the
people are permitted to have the
privilege of voting on it. The State
levy might be cut little if the peo-
pie were given the benefit Of these
enormous fees.
ARTICLE VlII.-JURICIAI. DE-
PARTMENT.
The whole is revised. 1t can be
fully understood only by careful
comparison with the old article
Some of the salient points are the
following:
|. BY the present constitution Iu-
ferior counts can be created by the
Legislature, but their jurisdiction is
limited to single county, and ap-
| peals must lie to the circuit court.
Under the proposed change it will
be possible, instead of having a
criminal court for single county,
paying the judge as much as a cir
cult Judge with three or four coun-
ties, to have a criminal circuit, com
posed Of any mum Der of counties ;
and appeals may lie either to the cir
cult court or direct to the supreme
court as the Legislature may pre-
scribe. 1t leaves the creation and
constitution of courts to legislative
discretion and judgment. The sec
tion is flexible. 1t can be adapted
to our growing necessities and de-
velopments.
=. The supreme court shall con-
sist of five instead of four Judges
1t requires the concurrence of three
at least to pronounce a decision
One judge is elected every two years
for term of ten years.
8. The original jurisdiction re-
mains the same. Appellate jurisdic.
ton may be prescribed by law; but
until otherwise prescribed it shall
remain substantially the same as al
present. The technical term writ OF
error is substituted for the word ap
peal in the last sentence of the third
section. The awkward wording OF
Inc last sentence in the present con
stitution will be apparent when com
pared with the revised section.
i. This Is a new section which
! provides for commissioning circuit
judges to sit with the qualified SUI
preme judges for the decision O
cases In which two or more of thu
regular judges are disqualified. Tn,
present constitution contains no pro
vision on this subject.
D. This section is substantially tn,
same as the old section of the sam,
number. The essential provision o.
the fourth section i'm the old is EN-
Draced in the second section of tn,
new.
+, and 8. These sections are no
changed; but the provisions of tn
th section are embraced in the four
teenth section of the revised article
The two provisions concerning va
cancies are embraced in one section
instead Of two az in the old.
CIRCUIT COURTS.
9. The section in relation to cir
cults is the 10th i'm the old and 9tI
In the new. This section is yer,
FAULTY. The Legislature is unabl
TO afford any relief except "at an,
session thereof next preceding an,
general election of the judges O
said circuits" The time for chang
ing circuits passed by at the sessio
Of 1893, when one or two me
held the balance of power. and r.
. FUSED To agree to any redistrictin
unless made according to their view,
:, state this fact as mere matter q
gossip; l know nothing of the trut
, or ialslty of the charge, except a
, Dill Tor reorganizing the circuit
. talled.) The result has been TN
;, creation and continuance of intermt
diate and criminal courts, which a
iord relief only in single countie,
O "A careful reading of the new or,
, vision will show the many benefiici,
q changes. 1t creates 10 circuits, an
and another section provides for tn
+ abolition of the intermediate an
p criminal courts. There will be
n net saving to the State of two ci
" cult or crimital judges, besides II
great gain to the whole State i'm II
: matter OF convenient arrangeme,
n OF the circuits. All this will be a
/. comPllshed without any addition
n expense; on the contrary, the sal
i ries of two judges will be saved,
l. ,fhero Is yet a greater gain; if son
!. redistricting Of the circuits is n
provided there must be more inte
mediate and criminal courts esta
llshed in some counties. Under tl
present constitution no remedy c,
D, be given for an overcrowded circu