The Charleston Daily Mail from Charleston, West Virginia • Page 27

HOW KANAWHA VOTED 2S6 d(SS Precincts REPUBLICANS DEMOCRATS PRESIDENT Gerald Port Jimmy Carter 53687 UOVERNOR Cecil H. Underwood 33S7t John D. Rockefeller IV 61695 SECRETARY OK STATE James R. McCartney 39270 A. James Manchin 507J7 STATE AUDITOR JohnM.

Gates 43262 GlenB.GainerJr 4211! STATE TREASURER Honaldll. Pearson M9J0 LarrieBailey 39110 STATE SUPREME COURT FULL TERM Donald Wilson DarrellV.McCrawJr 51439 Thomas B.Miller M755 STATE SUPREME COURT UNEXP1REDTERM Edwin F. Floors 37520 Sam It. Harshbarger 47219 CIRCUIT JUDGE Bernard J. Peltigrew 34OJ0 Wm.

Herbert Belcher 55769 GeorgeW.Wood 43413 JohnHey A. Macliuetn 52119 Thomas E.McKugh 62B27 GeorgeSpruce 51063 W.T. Brutherlon 54278 HOUSE OF OEt JT.ATES David T. Hnlcomb 24727 Ruth Goldsmith 291J3 Eric Nelson Ml? John A. Stevens 24067 JohnSteven LeRose.

.727776 LeoG.Kopelman 3720s Samuel Kubln ..,.30450 Roy B. Dunn 25283 Walter Price HI 29441 E.J. (JacklHarrod 26235 William A. Morton 25388 Irving Bowman 23897 Charles E. Petlrv 26497 John (Si I Bneltner 5105J LyleSattes 47919 E.M.

iPelei Johnson Walton Shepjerd 5D036 DatrellE. Holmes 4B4S9 JackCanfleld 5U0O William L.Dodd 45541 John Slack Leonf.Copeland: 50143 Roger Tompkins 43871) Larry Sonts 51149 Martha Welirle 5144S HelaineRotgin 45268 SHERIFF Charles E. Miller Jr 22937 G.Kemp Melton ASSESSOR Robert B. Jones 27I5B COUNTV COMMISSIONER Robert VI, Davies 2S038 Alfred L. Shepard 62046 .49055 MAGISTRATES H.L.

(Busl Jarrcll 26I3S PhylUsJ.Gatson 4MS8 GeorgeR. I Brud) Warner 33853 JoeGies M586 Frances Hundley 25441 Billy Marion 22670 John Curtis Dawson 26428 Joseph D.R. Tompkins 22926 J.P.I Bill) Hickman 2U15 J.H. (Jim) Saunders S2647 Hermit W.Pauley 2710! flancyStarks 42461 Jack Kinder 48286 Denver D.Casto 42828 CarlW.Withrow Arthur Barthelmess 43081 JoeL.Sheltun 4B902 Charles Rryan Howard 43719 Herbert L.Pauley 44841 flurlHolbrook 44144 SCHOOL BOND 27 3 62 No Voter Turnout More Than Expected, But No Record nvTHE umcOTEueRESS American voters proved the political pundits wrong by going to Ihe polls in greater numbers than had been expected. But the turnout was far from a record.

As of midmorning, the News Election Service reported 77,831,251 voles for four candidates: President Ford, Jimmy Caster, American Independent party nominee Lesler Maddoi and Independent Eugene McCarthy. That represented just under per centof the voting age population, estimated at 150 million persons. Figures were not available for other minor party candidates. The NES figures were incomplete in more than half the 50 states so the turnout percentage was certain to grow. Many analysis had predicted a low turnout 50 per cent or less of the voting ago population.

They based their predictions on a July survey by the Committee for the Study of the American Electorate. County Voter Turnout 72 Pet. Kanawha Counlyhid a voter turnout yesterday of 72per cent. The eomhined Democratic and Republican registration is 132,746 and unofficial tabulations by a new) media pool indicated that 95,584 votes were cast in the presidential race. The county's 72 per cent turnout ranked far ahead of Ihe forecast for the nation of 55 percent.

i JAY'S GIRLS There were 11 of them who spelled out the name "RoeJteleller" last night at his campaljn headquarters. They had a lot to sing ahnul as their namesake danced into the governorship. It was sweet music to the ears of Democrats. Daily Mail photo by William Tiernan. More Liberal Appeals Court Foreseen By BOB KITTLE Of The Daily Mail Staff The election of three Democrats to the W.

Va. Supreme Court of Appeals; replacing the only two Republicans on the bench, will continue a trend toward a more liber al court, according to the leading vote getter in the judicial conlest. Wheeling attorney Thomas B. Miller, Millon attorney Sam Harshbarger and Pinevillo attorney Darrell V. McGraw scored victories over mcumbeot Republicans lionald R.

Wilson of Ripley and Edwin F. Flowers of New Cumberland Results from 97 per cent ol the state's precincts showed Harshbarger the winner over Flowers, 383,235 to 250,097, in the race for Ihe 8 year unexpired term of former Justice James Sprouse. In Ihe three man contest for two 12 year terms. Miller reeved 424,386, to Mc Graw's 401.70S. The loser In that racE was Wilson, who gained 241,981 votes.

The two Republicans were appointed by Gov. Moore to fill unexpired terms. Miller said he has established two principal objectives: increasing the case load of the high court, and implementing the new magistrate court system in a way that will eliminate the need tor attorneys The supreme court currently considers only about 40 per cent of the cases presented for appeal, said Miller "1 think we could work a little harder and hear more cases. In die past the court has refused, without explanation, to hear too many cases," he added. Harshbarger also stressed the need Tor keeping magistrate courts, created by the 1974 Judicial Reorganization Amemend ment, as simple as possible The high court is charged, under the amendment, with supervising implementation of the DARRELL McttRAW JR.

magisttatesysuaii. "We must avoid creating another bu reaucracy by adopting too many regulations for magistrate courts," said Harsth barger. "If we allnw the magistrate system to get so complicated that counsel must be hired, it will tea great The judicial reform amendment was de siped. in part, to create a firstlevel court svstem to settle minor grievances. Miller also pointed ool that the supreme court must provide magistrates the best possible training in an effort to improve the judicial climate of low level courts.

A recent unprecedented survey by the Stale Bar to determine how attorneys THOMAS B. MILLER view the qualifications of supreme court hopefuls had little or no Impact on voters, according to the winning candidates. Of the three winners, only Miller was judged qualified to serve on the bench. Losers Flowers and Wilson, however, were, regarded by their colleagues as qual MrGraw, who received fewest votes in Ihe statewide survey, said be will, as a justice, recommend the high courtinvesti gate the State Bar to deterininewhether il is fulfilling its responsibilities. The Pineville attorney charged thai the survey was taken In an effort to damage SAM R.

HARSHBARGER him politically "The question is. 'Was Ihe pull urches Lraled to Influence the asked McGraw. Holdover justices on the court are Uem. ncrats Fred H. Caplan and Richard Neely.

Neely, who has expressed interest in succeeding retiring Chief Justice 'fhorn tnn G. Berry, said he was pleased with Ihe results of yesterday's balloting. Under a policy adopted last year, Caplan, with the umA seniority, would succeed Berry. The justices, however, may change, with a majority vole, the method of selecting the chief justice. JACK KINDER JOE L.

SH ELTON PMLI.ISGATSON tt.tT.1 KS IJJJJJJJJJJj) i CHARLES HOWARD CARL WITHROW HERB PAULEY Democrats Dominate Magistrate Contests fly BOB KITTLE OI The Dally Mail Staff In yesterday's balloting to select the first magistrates under the 1974 Judicial Reorganization Amendment, Democrats captured all 10 Kanawha County seals. Returns from all 255 precincts showed the following winners: Jack Kinder of Charleston. 48,898, Joe L. Shelton of Charleston, 46.902: Phyllis J. Gabon of Charleston.

45.396. Herbert Paulev of Charleston. Carl W. Wilhrowof St. Albans, 44.67a Burl of Giles, 44.141; Charles Bryan Howard of Nitro, Arthur Barthelmess of St.

Albans. 43.019, Denver II. Casio nf Charleston, and Nancy Starks of Charleston, 42,461. Under the judicial reform amendment, magistrates were given broader jurisdiction in civil cases, and are required to have high school educations and attend a two week training session each year, tn addition, magistrates, which replaced the old justices of the peace, are paid an annual salary of $18,000. Pay of justices of the peace was a percentage of the fines they levied.

Pauley, a 16 year veleran justice of the peace, said the new system will make Ihe lower courts fairer because magistrates will no longer be encouraged to rule in favor of plaintiffs. Under the old system, Pauley pointed out. convictions boosted incomes of JPs, Wilhrow. a newcomer to the system, said he believes magistrate courts will altract better educated candidates. "The old stigma of the JP ts gone, so we re going to begin getting a higher caliber of magistrate, said Withrow, a super, visor for Kaiser Aluminum inc.

al Kav enswnod. A principal aim of the magistrate courts is to allow litigants tn settle minor grievances without need or legal counsel. Mrs. liaison, another newcomer, said she hopes to preside in a manner thai will not rcquireatturneys. "If we can do that," said Mrs.

Gatsun. manager of Meadowbrook Recreation Club, "then we'll take a lot of garbage rat of thecourts." Pauley pointed out. however, that he docs not believe Ihe system will ever operate without plaintifls and defendants hiring legal counsel But Ihe new system will considerably streamline the outdated JP system and discourage appeals to higher cnurts. Pauley added..