aid and assist in making an arrest or raid for any violation of the law.

Section 14 combines nuisance, unlawful transportation, and forfeiture provisions, the latter of which were patterned after similar provisions in section 26, Title II, of the national prohibition act.

Any citizen, in addition to other duly constituted law officers of the State, may maintain a suit in equity under section 17 to abate and perpetually enjoin liquor nuisances.

Section 41 provides penalties for intoxication and empowers courts to cancel and revoke permits of operators found driving vehicles while under the influence of liquor.

STATE ROAD LAW

(Ch. 112, acts of 1921)

Section 88 of the above law contains drastic penalties for operation of any vehicle, motor driven or otherwise, by persons intoxicated or under the influence of liquor, drugs, or narcotics. The initial offense, under such section, is made a misdemeanor, punishable by a fine of not less than $25 nor more than $100, together with confinement in the county jail for not less than 60 days nor more than 6 months; the second, a felony, carrying with it imprisonment in the penitentiary for not less than 1 nor more than 3 years.

A drunken person found sitting at the driver's wheel of an automobile parked in the middle of the road, with the motor running, is operating a motor vehicle within the meaning of the above section, according to an opinion of the attorney general of West Virginia. (Ops. Atty. Gen. 1929-30, No. 53.)

PUBLIC HEALTH LAW

Chapter 19, sections 1-11, acts of 1925, contain provisions authorizing abatement of houses of prostitution upon complaint filed with any circuit court by the attorney general, any prosecuting attorney, any citizen, or any resident or taxpayer.

State health officers frequently cooperate with prohibition enforcement forces by proceeding against resorts under the above statute, which have successfully defied apprehension for liquor violations.

STATE COURTS

The West Virginia State constitution, in Article VIII thereof, contains the following:

The judicial power of the State shall be vested in a supreme court of appeals, in circuit courts, and the judges thereof, in such inferior tribunals as are herein authorized, and in justices of the peace.

SUPREME COURT OF APPEALS

The present State supreme bench consists of 5 justices, elected for terms of 12 years; has original jurisdiction in habeas corpus, mandamus, and prohibition cases, and criminal appellate jurisdiction where there has been a conviction for a felony or misdemeanor

in a circuit court, or where a conviction has been had in an inferior court and affirmed by a circuit tribunal. It meets twice yearly.

CIRCUIT COURTS

The State is divided into 24 judicial circuits, each of which embraces from 1 to 4 counties. Each of such divisions, with the exception of the first circuit, elects one judge, who serves for an 8-year term. Two judges are elected for a similar tenure in the first circuit. Thus, there are now 25 circuit judges functioning in West Virginia, who must hold three annual terms of court in each county.

Circuit courts exercise supervisory jurisdiction over all proceedings before justices and other inferior tribunals, with appellate jurisdiction in civil and criminal cases where an appeal, writ of error, or supersedeas to the judgment or proceedings of any inferior court, in addition to any other jurisdiction that may be prescribed by law.

INFERIOR COURTS

Article VIII of the State constitution, in paragraph 19 thereof, provides as follows:

The legislature may establish courts of limited jurisdiction within any county, incorporated city, town, or village, with the right of appeal to the circuit court, subject to such limitations as may be prescribed by law.

Eight counties have established inferior courts in the manner provided above. The nature of the work handled by such tribunals differs in the various jurisdictions. In Huntington, Cabell County, both a common pleas and a domestic relations court have been so created, the former taking cognizance of all prohibition cases. In Charleston, Kanawha County, common pleas, domestic relations, juvenile, and intermediate courts function of the same constitutional provision. Criminal and prohibition cases are prosecuted before the intermediate court in the latter county. Harrison, Marion, Mercer, McDowell, and Raleigh Counties have what are known as criminal courts that have been set up by the same means.

JUSTICES OF THE PEACE

The State constitution, in Article VIII, paragraph 27, contains the following:

Each county shall be laid off into districts, not less than 3 nor more than 10 in number, as nearly equal as may be in territory and population. There shall be elected in each district containing a population not exceeding 1,200, one justice of the peace, and if the population exceeds that number, two justices shall be elected therein. Every justice shall reside in the district for which he was elected and hold office for the term of four years, etc.

Justices of the peace have been empowered to try all misdemeanors, as well as to act as committing magistrates in connection with law violations triable before higher tribunals. Under authority of section 32 of the West Virginia prohibition act they have concurrent jurisdiction with circuit and other courts of the State for trial of all misdemeanors arising under such law. There are 504 justices of the peace now serving in West Virginia, and assistance rendered to higher courts by such officials, especially in the disposition of prohibition matters, can be readily perceived.

POLICE COURTS

Mayors of 21 municipalities in West Virginia also serve as ex officio police judges to try violations of local ordinances. In addition there are independent police courts in Wheeling, Logan, Bluefield. and Beckley.

Prohibition cases disposed of by State courts

The State of West Virginia is divided into two Federal districts. the northern and southern. One United States district judge is assigned to each of such districts. Court is held in the northern district twice yearly at Clarksburg, Martinsburg, Parkersburg, and Wheeling. Two annual terms of court are held in the southern district at Bluefield, Charleston, Huntington, Lewisburg, Webster Springs, and Williamson.

Nine United States commissioners function in the former jurisdiction, while 20 are available in the latter.

Prohibition cases disposed of in Federal courts of West Virginia, fiscal years 1928 and 1929

STATE PROSECUTORS

THE ATTORNEY GENERAL

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The executive department shall consist of governor and attorney general. Their terms of office, respectively, shall be four years, and shall commence on the 4th day of March next after their election. (Art. VII, constitution of West Virginia.)

He shall appear as counsel for the State in all cases pending in the supreme court of appeals or in any Federal court in which the State is interested; he shall assist in any cases in which the State is interested that are pending in any other courts in the State upon written request of the governor; he shall defend actions and proceedings against any State official in his official capacity in any courts of this State and any Federal courts; he may consult with and advise the several prosecuting attorneys in matters relating to official duties of their office and may request a written report from them of the state and condition of the several causes in which the State is a party, pending in the courts of their respective counties. (Acts 1909, ch. 48.)

The attorney general for the State of West Virginia has three assistant attorneys general to assist in the duties set forth above.

COUNTY PROSECUTING ATTORNEYS

There are 55 county prosecutors in the State, whose duty it is to represent the State and subdivisions thereof in all matters, either criminal or civil, arising within the confines of their respective districts. The office of the county prosecutor is an elective one, the tenure of same being for four years.

UNITED STATES ATTORNEYS

There are two United States attorneys in West Virginia, one functioning in the northern district, the other in the southern. There are four assistant United States attorneys assigned to the former jurisdiction and three to the latter.

ENFORCEMENT PERSONNEL

The State prohibition act, in section 15 thereof, creates the office of State commissioner of prohibition, makes the same appointive, and places the tenure thereof at four years. It also authorizes such commissioner to appoint deputies and agents to assist in enforcement of the said act. The present State enforcement personnel is as follows: Prohibition commissioner, 10 deputies, and 104 agents.

A very high spirit of cooperation exists between State and Federal prohibition organizations. Agents of the former establishment use offices of the latter wherever possible, important information is interchanged, joint raids are made whenever necessary-every effort is made, in fact, by both forces to operate in the manner that will insure best possible results.

The West Virginia State police organization, led by Supt. H. L. Brooks, chief of police at Clarksburg for 9 terms (16 years) and at Weirton for 13 years, is a most effective enforcement agency. Its actual policing personnel totals 165 men, who are distributed about the State in 55 posts. This organization functions along State highways and in communities beyond the limits of municipalities. At least one-half of the work now performed by State police is concerned with prohibition enforcement. During the year of 1928 arrests made by this body totaled 11,490.

Article IX, section 1, of the State constitution provides as follows:

a sheriff,

The voters of each county shall elect ** shall hold their respective offices for a term of four years.

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