Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-02-15
THEAMEKDMENT OPPOSED
The Bill Extending the Powers Of
Judge Jackson.
MEETS WITH OPPOSITION
The Claim is That the Bill Extending His
Powers TO Certain Cases in Southern
Judicial District is Innocent, But
Litlgants Continue Their 0p-
position Just the Same.

Washington. ID. c., Feb l3--A bill
which was referred to in a dispatch
yesterday and whirh is in effect, an
amendment TO the act creating two
federal districts in West Virginia, was
introduced by request by Representa-
tive Gaines. Of the Third West vir-
ginia district. 1t provides in sub
stance for striking out all after the
word constituted. = in the twenty
sixth line of section s, of the act di-
viding the state into two districts,
and inserting a provision that Judge
Jackson may hold court in the south
ern district. and decide the Issue in
causes which have been heard or
partially heard upon the pleadings or
on the merits by judge jackson, or
in which the evidence has been taken,
submitted, and passed upon by Judge
Jackson the trial to proceed in each
case III accordance with the place,
where said causes originated, and the
records are kent found. =
1t provides that Judge jackson may
so preside either at the regular terms
OF the circuit and district courts, or
at special terms TO be called for the
pnrpose. II also provides that the call
Tor such special terms shall be- issued
by one of the circuit judges of the
fourth judicial circuit Omitted States)
and shall snecify the causes to be
heard but nothing herein shall prevent
the hearing. and determination at
such special term OF any other OF said
causes. and proceedings by consent Of
all the parties thereto =
1t is claimed In behalf Of the meas
ure that the only change effected by
it is, instead Of having judge jackson
hear within his own district the eau
SEES, already, by the terms OF the orig
inal act. com mitted to him for deer
mination. he may preside mt the places
within the southern district, where
the expense and trouble of having the
records certified to in the northern
district.
1t was again stat ed nevertheless,
that the bill will meet with opposi-
ton. The situation is not clear. how
ever, as II only such cases az are al
ready committed to his care to be
heard by Judge Jackson 1t would seem
that the plea economy in support of
the bill is well founded. But it Is al
legged that considerable friction was
cause q in the southern part OF the
state by some of Judge Jackson g rul-
Ings, with resDect to land titles and
it is believed that opposition Of the
bill arises from this dissatisfaction
which those rulings enre rendered.
When Mr.. Gains was asked about
the matter he said II have not yet
compared the bill with the original
act creating two judicial districts and
which this bill amends. The letter
of judge Kellar accompanying the
draft of the bill, prepared, stated that
the measure wah approved by Judge
Kellar, Judge Jackson and Judge Golf
and the only object of the bill was to
permit Judge Jackson to sit in causes
in the southern district. which by the
original divIsion act had been trans
ferred to the northern district.
Mr.. Games added that he knew but
little about the proposed amendment.
As he had introduced it because re.
quested to do so, and he knew there
was ample time to correct the defects.
should any he found to exist.
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