The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1910-10-27

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one hundred and seventy-two cases.
and on September 30, 1910, five hum
dred and twenty-six cases. In addi-
ton to the statement made above. the
records of my Office show that there
are now submitted for decision to the
Court and undecided. three hundred
and thirteen cases; of this number
sixteen cases We're submitted prior
to the June term, 1909: twenty three
cases during the June term, 1909;
during the September term. 1909,
thirty-siN cases; during tho January
term, 1910. one hundred and twenty
seven cases; during the June term,
1910. SiXty-three cases, and during
the September term, 1910, forty-eight
cases This will constitute the docket
Of 313 submitted cases when the
Court meets October IL, for the Fall
special term"
1T will also be seen from the
above statement that for the year
ending September 80, 1910. the
Court, or some member thereof. pass
ed upon three hundred and fifty-four
applications for appeals, or writs OF
error: Of this number two hundred
and forty-siX were granted and one
hundred and eight refused. Each
record and the brief accompanying
same has to be read and examined by
the Court or Judge, before the uues-
ton whether the appeal or writ of
error should be granted or refused.
kcan be decided. 1t will be observed
that the applications for appeals for
the last five years have averaged three
hundred and fifty per year. 1T will
| be observed also, that the decisions
rendered. and opinions filed. average
about one hundred and seventy-fve
per year. For the year 1909 and
1910, the number of decisions render
ed and opinions filed were slightly
less than for the two preceding years;
the cause of this was the character
OF some of the cases up for decision
in those two years. AS for instance,
the case known as the Two Cent Fare
Case in 1910, and the Well-known
King land cases in 1909. case of
this kind being one of great public in
terest and Importance required
great deal of time for consideration
1T will further be seen that each
Judge wrote thirty-seven opinions IN
each Of those years, and concurred in
or dissented from one hundred and
thirty-eight opinions written by the
other four judges. 1t will also be
seen that if no further eases were
brought before this Court it would
take almost two years to decide all
the cases now submitted if the Court
| worked at the average rate for the
will be in size a book Of one hundred
and twenty pages; some Of the rec
ords go above one thousand and the
very large numbers run from one
hundred and fifty pages to one thou
sand There are usually fled with
each case at least two briefs, and in
at least one-half the cases more than
| two The average number Of printed
pages in the briefs viii exceed forty.
1t will thus be seen that each judge
must read at least one hundred and
sixty printed pages of record and
! briefs in each case decided; to this
must be added the reading Of the
many cases cited in the various briefs
and the independent research made
by the Judges into textbooks and
cases: and Of course time necessary
for the preparation Of his opinion
after decision is reached and the ex-
animation and discussion Of such
opinion in conference. Frequently
very short records contain exceeding
~ troublesome and complicated ques-
tons requiring much time and re-
search. Cases usually are not ap-
pealed unless they involve close ques-
! tons
IT. { Court has original jurisdc-
! t,On II r.a@4amus, habeas corpus and
| prohibition cases. Since the statute
; made mandamus the proper remedy
! in election cases, many original cases