The North-Carolina standard., 1849-01-10
For the North Carolina Standard.

To the Members Of the Legislature of North Carolina
In the further prosecution of the subject, re-
mark, first to show that the Governors plan will be
erpensipe, taken<as whole it will,be
ry to contrast the two. By doing this, it will be an
easy matter to determine the point. As both the
smaller and larger counties will be benefited or in
1red in proportion to their present relative standing
on the score of expenses, Ganville is reered to for
lustrtion, being similarly situated, and furnishing
fair specimen those of equal magnitude. now labor
ing under the supposed grievances alluded to by the
Governor. is admitted that the re will be saving
in the item of pay to Jurors, if i be true that the
same amtaint of business can be disposed of with
three terms of the Superior Court, ,as is now done
with sir will show that this is not true, and in
the effort to save, other items entirely will be
created; for the Governor informs the Legislature,
that in order to carry out his suggestions lce addi
tional Judges be created. will hazard the as
sertion, that according the most favorable cacula-
tion the judicial districts canuot be arranged with
out increasing the labor of the present Judges from
whence will the authority be derived requiring this
to be done for the present pay? to do with less
than three probably four, at an expense of from fUe
to thou sand dollars per'annum.
If it is not generally ,known-the Governor and
litigauts in the Superior Courts know -that Las0-
gers charge larger fees in the Superior than in the
County Courts, in all cases, partaking of the charae
of :. litgated" in the common acceptaton of the
tern tits impossibleto to tell how much this item will
amount to but any can easily perceive that II
will be Gerry eonsiderable-an amount large enough,
with the salaries of the additional Judges, to set off
every saving whatever, whether real or ginary.
The item in the account, the of e1pen-
ses is the costs of suits, called Court COSTS and
tavern bills, while attending to them. This will be
a large item, and should be distinctly set out. With
the sic Courts, County and Superior) now nbeing
it is very rarely the that either Docket is
hQriy gone through, in the larger Counties. How
would it be with the Governors plant The efollow-
ing view alone, is sufficient to- kill it at once for
under the sac Courts system, there Is matter enough
generally; upon the State Dockes, to occupy the bet
e ,o6
continuation of this state of things how would it
be with only three Courts, in which all such matter
is to be disposed of Is it not perfectly clear
that the major part of each 1term, would be reces-
sariiy taken, up with the State. Docket--leavihg
mere fragment for the CSDii and Equity sDecketa 1T
cannot be otherwise. Take another view of it.. If
under the the present system, with sac Courts, Civ
ing Mirty days. after taking off one day In each term
of the County Court, for probate and County Police,
and day. the first of each term of the Superior
Court, on which the iigated part of the Docket is
touched, all the business is not, and cannot be-
disposed of for want of time, mean toa final ter
mination) could the most feeble hope4be entertained,
for single moment, of seeing it done with three
Courts, numbering fifteen days? Surely not. Then
could be otherwise, than that suits would
nulate upon the Docket in the ratio of thirty to fifteen
and consequently the increase in the amount of ex
penses would be beyond computation. So that, if
under the present system, 'lawsuits' 's handed
down from father to son., it would soon become ne
cessary under the Governors, to amend the law
of some of the suits, to be commenced under it there
would be none to claim the reeoveres that might be-
effected and as to the expenses, If 5onerous under
the present systen they wouldbe absolutely ruinous
under his s.. says - ~ sss-b1es,5- nj 1a.
All are aware of the influence of habit, both upon
individuals, and communities; and that no material
change can be made in any matter of fsequal inpor-
tance, and general in its bearings that under
discussion, without producing serious nconvenenee,
if not confusion. In abrogating system, and iH
Producing another, the latter will become heteroge
neous in its character. Almost every department of
business, particularly that connected with money
transactions i'm and out of Court) have become in=
terwoven with, and regulated by, our present Court
establishment. lay 1t down a correct principle
that " old habits if not tainted with gross error
should not be broken up, without certainty ofeon
fering additional benefit by thegintroduction of
new ones. If it has been shown, in the preceding
remarks,stha under Gov. Graham's plan no good
can result-but rather evil then what is above stat
ed, furnishes additional reason why things should
remain as they are. - -,s1s 5s s3sssfsg
Another source of Inconvenience and confusion,
as well expense is to be found in the fact that all
the causes now upon the County Court Deckets,
must be transferred to the Superior Courts by
/" Transcript of the Records" or otherwise in each