Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-12-17
TWO JUDICIAL DISTRICTS.
Dayton's Bill TO Divide the State
likely to Pass.

i0uutIhS tbdl are 10 De IHtluueU IN
Each Part-Changes that will be
Made-BiIl has Every Chance Appar-
emily TO Get through ut the Present
Session of Congress.
1t appears from the Washington
/ dispatches that the bill to divide this
State into two Federal Judicial Dis
tricts will likely become law this
winter Congressman Freer who is
member of the committee on the Jul
dietary seems to be confident that the
bill will pass. Among other things
the bill provides that the State of
West Virginia is hereby divided into
| two judicial districts, In the following
manner:
The counties of Hancock, Brooke,
Ohio, Marshall Tyler, Peasants,
Wood, Writ, Richie, Doddridge,
Wetzel, Monongalia, Marion, Harri-
son, Lewis, Gilmer, Calhoun, Upshur
Barbour, Taylor, Preston, Tucker,
/ Randolph, Pendleton, Hardy, Grant,
Mineral, Hampshire, Morgan, Berke-
ly and Jefferson, shall constitute a
district to be known as the northern
district Of West Virginia.
| The remaining counties of the state
Jackson, Mason, Cabell, Wayne, Lin
coin, Putnam, Roane, kanawha,
Boone, Logan, Mcdowell, Wyoming,
Mercer, Monroe, Summers, Raleigh,
Fayette, Nicholas, Clay, Braxton,
Webster, Pocahontas, Greenbrier and
Mingo, shall constitute a district to
/ be known as the southern district of
West Virginia. The present judge of
the district of West Virginia is here
/ by declared to be the district Judge
| for the northern district of West
Virginia: and the president of the
United States is directed by and with
the advice and consent of the senate
to appoint district judge for the
southern district Of the state.
The district attorney and United
States Marshall for the district of
/ West Virginia, shall be the district
attorney and marshal of the southern
district of West Virginia, and the
| president is directed with the advice
! aud consent of the senate to appoint
/ one person as marshal and one as dis
| trict attorney for the northern district
of the state, and the annual salaries
Of the marshal and district attorneys
| for both of said districts shall be the
same as now provided by law for the
district attorney and marshal for
West Virginia.
There shall be appointed by the
judge of the southern district of West
| Virginia with the approval of the
Circuit Judges of the fourth judicial
dist riot, clerk for the district court
| in and for the southern district.
The person now acting as clerk for
the district of West Virginia shall be
the clerk of the northern district
The Courts under this act will be
held ia said districts by the respective
judges at such times and places as
are now or may be fixed by law.
The Circuit Judges of the fourth
judicial circuit may by order direct
the judges Of the northern and south
ern districts to sit together in hold
ing the Circuit Court in either of said
districts, and when SO sitting the
| judge oldest in commission will pre-
tween them his opinion will prevail
! for the time being.
All civil suits not of local nature
must be brought in the northern or
! southern districts where the defend
ant or defendants reside, but if there
are two or more defendants residing
| in different districts the action may
be brought in either Of the districts
where defendant resides.
When the defendant is nonresl-
dent of either district action may be
brought In the district wherein the
defendant may be found. Causes re-
moved from any Of the courts of the
state of West Virginia to the Circuit
Court of the United States shall be
removed to the Circuit Court in the
district in which the state Court is
/ held.
Causes, both civil and criminal now
pending in the District court of West
Virginia may be assigned TO the
northern and southern districts for
trial as the judges OF said districts
may, by order, direct; and hereafter
causes, criminal and civil, instituted
and pending In the one district, for
good cause shown, may be transferred
for trial to the other district, under
such rules as may be established by
the judges of the two districts and ap-
proved by the judges of the fourth
| judicial circuit.
L J..