The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1908-11-26
CRIMINAL COURT Biz
is ADOPTED BY THE BAR
And Committee is Appointed
F to Present the Same to
the Legislature.

\ bill providing for the establish
ment of a criminal court for Harris
on county. whose judge Is to We elect
ed for Il term of six years and is TO
receive salary OF $1,000 per annum,
was adopted by the Ciarksburg Bar
Association at a spciai meeting held
! In the court house Monday night. and
committee was appointed, consisting
of Raymond Maxwell. Charles G..
I'Coffman and John W. Davis, to pre-
sent the same TO the legislature at It's
next session.
The bill Is modelled after the Mingo
county criminal court act passed / s0s
and the Sannwha county criminal
court act passed 1905.
Section one of the bin provides
that a court OF limited jurisdiction be
established In and for the county of
Harrison to be held and presided over
by a judge to be appointed by or
elected as provided by the act. which
court shall be named and designated
The Criminal Court OF Harrison
County"
Section two provides that the Said
court shall have jurisdiction within
the county concurrent with the cir
cult court of all feionies and INSIDE
meanors committed within the coun-
~. The court shall have the super
vision and control OF criminal pros
ceedings before justices of the county.
the mayor of any Incorporated city,
town or village. or other police court
of any Incorporated city. town or
village therein, by appeal. mandamus,
prohibition and certiorari.
Section three eprescribes that at tho
general election to be held Tuesday
next after the first Monday in Noveifi-
Der. 1910. and every six years there
after. there shall be elected by the
legal voters of the county Judge of
the, said criminal court. who shall be
a resident member of the bar Of said
county and who shall be disqualified
from the practice of law In all of the
courts of the state during his contin-
uance of office. He shall be subject
to the laws in force governing circuit
court judges of the state. The gov
ernor shall appoint and commission
as Judge of the said criminal court. a
proper person to serve until sue
next general election.
According to section four of the
bill or act. the judge OF the criminal
court shall receive $1,000 per an
mum for his services.
Section eight provides that there
shall be four terms of the said court
In each year. commencing on the
fourth Monday OF January, the first
Monday of April. the second Monday
of July and the third Monday of oc-
ltober.
The criminal court shall lmpanel
a grand Jury at each term thereof.
according to tho provisions OF Sec
ton nine, and the said court may In
his discretion order grand jury to
be drawn or summoned to attend at
any special or adjourned term.
The clerk of the circuit court of the
county shall be ex-ofiicio clerk of the
criminal court. according to the pro-
vision of section ten and shall per-
form the same duties and receive the
same fees allowed by law as for sim
liar services as clerk OF the circuit
court. i.
Section sixteen provides for the al
lowance Of appeals In criminal cases
from Justices and mayors courts In
the county.
The criminal court judge. according
to the provision of section twenty-five
has the power in vacation to award
writs Of habeas corpus and extraor-
binary remedies.
Tho prosecuting attorney of. the
county. according to the provisions
of section twenty three. shall attend
the terms of the criminal court and
perform the duties of his Office in con-
nection Herewith and for such SER
vices no is allowed 5000 per annum
in addition to the mount received
for his services as prosecutor in the
circuit court
Accordln gto section twenty.six.
from and after the first term OF the
criminal court. no grand jury shall be
impaneiied In the circuit court. un-
less the Judge of the circuit court dI-
reefs grand jury to be summoned
and impanelled at regular or spe-
ciai term OF that court or by order
entered of record.
A vacancy in the criminal court IL
to be filled In the same manner as In
the case of vacancy In the office Of
Judge OF the circuit court.
All other sections not noted herein
prescribe all other powers. duties.
jurisdictions and regulations. OF tho
criminal court in accordance with the
laws pertaining to such courts.
/