court may fill it until the next general election, when a successor must be elected for the unexpired term. His office is kept at the courthouse, or temporarily at any other place fixed by the court, and is subject to an annual visitation by two persons appointed by the court for the purpose of making in inspection and report. The clerk is the custodian of the records of the court, which are open to the inspection of any person. The duties of a clerk of the circuit court are numerous, and are prescribed in detail by the statute law, in the performance of which he may have one or more deputies appointed with the consent of the court. He receives as his compensation the fees of his office and an annual allowance from the county treasury fixed within prescribed limits by the county court of his county.

(8) Courts of Limited Jurisdiction. The folly of making a Constitution so rigid in its provisions that the legislative branch is denied the exercise of its just powers, has been demonstrated in the last two decades. The circuits, as they now exist, were arranged by a constitutional amendment adopted in 1879. Once only in eight years can they be changed. The development of the State and the consequent increase of population and business during the last twenty years have been phenomenal. Some counties, which, only a few years ago, had a few hundred inhabitants and a meagre court docket, have become populous communities embracing large and prosperous towns, with a court docket numbering cases by the hundred The circuit judges found it impossible to transact the legal business in some of the circuits. There was one remedy: the Legislature still had power to create courts of limited jurisdiction in single counties, with the right of appeal to the circuit court. As a result nine courts of limited jurisdiction have been established in the counties of Cabell, Fayette, Kanawha, Marion, Mercer, McDowell, Ohio, Wayne, and Wood. The judges of these courts receive for their services a salary payable out of the State Treasury.

In

Ohio and Wood they receive $1800, and in all other counties $1500. The court in Wayne County was abolished in 1895. Eight judges of limited jurisdiction in as many counties cost the State more than half as much as fourteen circuit judges each of whom has from three to five counties in his circuit. The experiment has been both costly and unsatisfactory. But there seemed to be no other remedy. The clerks of the circuit courts are clerks of the courts of limited jurisdiction.

(9) The Supreme Court of Appeals.—The highest court in the State is the Supreme Court of Appeals, which consists of four judges, elected by the voters of the State for the term of twelve years, any three of whom constitute a quorum for the transaction of business. Its original jurisdiction is limited to three classes of cases, namely, habeas corpus, mandamus, and prohibition. Appeals may be taken to this court from the circuit courts in the cases and in the manner prescribed by law. The court makes rules governing the matter of appeals, which have the force of law until changed by the court or by the Legislature. In the matter of making rules for the transaction of business, the court, in common with all courts of record, possesses a certain power of legislation. The decisions of this court, when concurred in by at least three judges, are final and conclusive, and are binding authority upon all inferior courts, as to any question arising under state law; but, if a federal question is raised, the cause may be taken on appeal to one of the courts of the United States, if it comes within the proper class of cases. The records of cases coming up from the circuit courts to the Supreme Court of Appeals must be printed. Every point fairly arising upon the record of a case must be decided, and the reasons therefor stated in writing and preserved in the record. Theɛe opinions are published from time to time, by the Attorney-General, who is ex-officio reporter of the court in a series of volumes called the "West Virginia Reports." The court holds three regular

sessions every year; one at Charleston; one at Wheeling; and one at Charles Town. Special sessions may be held by order of the court. The four judges are an insufficient number to transact the appellate business of the State. The number was thought too small thirty years ago. They cannot give that mature consideration to cases which the rights and interests of litigants demand.

(10) The Judges of the Supreme Court of Appeals.-The judges of the Supreme Court of appeals receive for their services the annual salary of $2200, and ten cents a mile as mileage. The maturity of age and the long term of twelve years, have done much to insure the "integrity, wisdom, and sound legal knowledge" of the supreme judiciary; but the meagre salary paid, as compared with the salaries paid in other States, has had the effect of depriving the people of the services of some of their most eminent jurists.

(11) The Officers of the Supreme Court.-The Supreme Court of Appeals designates one of its number, usually the oldest member in point of service, as president. In the absence of the president any other member designated by the judges present may act as president. The court appoints its own officers as follows:

A Clerk, who takes care of and preserves, in an office kept for the purpose, all the papers and records of the court, and who performs such other duties as may be required of him by the court. He receives a salary of $1,000 and fees.

A Crier, who attends the sessions of the court at the place for which he is appointed, keeps order in the court, and is under its orders and directions. He receives the sum of four dollars a day out of the State Treasury.

A Messenger, who performs such services as the court may direct, for which he receives an allowance of three dollars a day out of the State Treasury.

13. Notaries Public.-A notary, or notary public is an officer of the law appointed in this State by the Governor,

during good behavior. As a rule the official acts of a notary public must be authenticated by seal as well as by signature. It is an ancient office. The duties are prescribed by statute and differ somewhat in the different States. In West Virginia a notary may take affidavits and depositions, administer any oath, and take acknowledgment of deeds and other writings; and his certificate of the fact attested by his signature will be received in the State without his seal. He may protest bills of exchange and other negotiable instruments for non-payment, and may authenticate and certify copies of documents. The official acts of notaries are respected by the custom of merchants and the law of nations. Their protests under seal are received as evidence in the courts of all civilized countries. They receive for their services certain fees which are prescribed by law.

14. Acknowledgment of Deeds, Etc.: Commissioners and Other Officers.-The Governor may appoint in any State, Territory, or District, as many commissioners as he chooses for the term of four years, who take and certify oaths, affidavits, depositions, and acknowledgments of deeds and other writings. Every certificate of such commissioner must be authenticated by his signature and official seal. A list of these commissioners is published in each volume of the Acts of the Legislature. They receive the same fees as a notary for similar services. The acknowledgment of a deed or other writing may also be taken and certified by a clerk of any court of record in any country; by a minister plenipotentiary, charge d'affaires, consular officer, or commercial agent, appointed by the Government of the United States to any foreign country; and by any mayor, or chief magistrate, of any municipal corporation in any foreign country.

CHAPTER XXXVIII.

INSTITUTIONS FOR CARRYING ON BUSINESS BY THE STATE.

This chapter is devoted to the institutions in which business is carried on by the State, including its schools, reformatories, hospitals, asylums, prisons, etc., as well as the societies which have State relations.

I. The Normal School. Having first established a system of primary free schools, the Legislature, in 1865, authorized Governor Boreman to appoint a commission of five persons to report to the next Legislature a plan for the establishment of one or more normal schools for the training of teachers.

In 1838 Marshall Academy, named in honor of Chief Justice Marshall, was incorporated as a private educational institution, at Huntington in Cabell County. In 1858 it was reincorporated under the name of Marshall College, by which name it is still called. In 1867, by an act of the Legislature, it became the "West Virginia State Normal School." It is under the direction of a board of regents consisting of the State Superintendent of Free Schools, together with six persons appointed by the Governor, who are a corporate body under the name of the "Regents of the State Normal School." It has five branches.

(1) The Normal School at Fairmont. The first school opened in the State for the training of teachers was at Fairmont in Marion County in 1865. In the same year A. B. Fleming. and nine others secured a charter for the institution, with the corporate name of the "Regency of the West Virginia Normal School." The following year a bill was offered in the Legislature for the establishment of a State normal school at Fair