Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-04-20

Charleston or Orngcburg, and That they have
always been better able to- keep Il separate po.
lice within smaller territory. But it is moi
population alone, which creates the litigation
that pays n police. Men rarely quarrel in law
unless they have something to quarrel about, and
wealth. has much more to do with making bust
ness for the Courts than population. The com.
paralaeIy small Districts of Anderson, Pickens
Greenville, SpartanLurg and York, all possess
quite i large numbe of inhabitants, yet as their
people arc generally poor, the litigation in either
OF those Districts is easily dispatched by the
Courts in single week. But as the mountain
Districts are fast acquiring facilities of Trans,
portation to market, they will hrnreforh arcu-
mulate property rapidly, and som We may ex-
pcct to have loud calls for more Districts in that
quarter, to avoid the evils of two weeks Court
and the unuumbcred woes which always atflict
over-large, overpopulous and ovrr-wealthy Ju-
dicial or Electoral Districts. Spartanhurg has
pciiioned again and again for 4 ncw District,
without having her just demands respected.
have hitherto confined my remarks exclu-
sirely, to the history OF Judicial Divisions for
holding the Lac Courts. The same slow pro-
cess for the same reasons, has attended the rs-
tabli>hment of our Equity Districts also. AT
first, the State constituted but one vast Equity
District with 4 Court House at Charleston, us
in the case Of the Law Courts. But in 1891,
the augmented wealth and population of S"ulh
Carolina, made it advisable 10 partition the S n e
inlo three Equity Districts. in which Courts were
held respectively at Charleston, Columbia and
Cambridge. In 1903, the State WAS again di-
vided. 50 us to form nilc Equity Districts. and
in 1924, separate Courts of Equity were ordered
to br held in each Of the Common Pleas DIS
tricts. except Il few. Bn, now, every Common
Pleas District in South Carolina, likewise con-
silu!es an Equity District. Marlboro. the
smallest Comm"n Pleas District in the State,
WAS the last to receive the long coveted booh
of separate Equity Court, which VAS assigned
to her in the yeAr 1913. The Court Of Equity
is Il kind Of aucillary jurisdiction to the court
Of Law. And the organization of our Equity Dis
trcts has always been subordinate To the Com.
mon Pleas Divisions; still | have deem it
right to note the process Of Turning our.prcscnt
| Equity Districts, in order 10 show The mnre con-
clu>ively, that the maintenance of police is the
only just rule for ganginy Judicial Districts To
administer Law or Equity.
In this sketch of the Judicial subdivisions of
South Carolina, may be traced the gradual ana
invariably SLOW progress, which attends the r>
tablisIlnrnt of convenient Courts of general
jurisdiction, III every new y settled country. Al
first the Districts must be large because an
efficient police caunot br supported within Il
small area. But by degrees, large Districts arc
abolished or reduced and new ones formed. un-
i'll the people are provided with every rr;,>"' :l-
bic facility for learning, obcyiug or enforcing
Law. AT least this has been the case in all the
other States 10 the present moment and it WAS
so in South Carolina previous 10 1898. But in
has given our Legislature The nshl-mare ever
since and from which it will never recover un-
til the unjust and delcSlibe compromise, is well
us the contentious geographical mc he abolish
ed. Previous To 1903, the Jurisdiction of our
Courts, aud The boundaries of our Districts or
Counties, were altered 10 adapt themselves 10
the altered lines. y change of circumstances.
Of wealth, or Of population in particular c.n-
mnniw. was ere long tulluwcd 10y Il change in
Legislation also. But in Il period of f"r'y.6rc
years, what enactnlrnts have becu placed upon
our Statute Books 10 change .l!r boundaries OF
Districts aud advance The administration of us
lice, in accordance with The new stale of ihingS!
Two, and only two wor;t llic mrnrium. Pcudlr.
ton WAS divided after Il severe struggle in 1926
and remote portion 1T Orangrbu9 WAS added
to Lexington in 1882, Instead of forming new
District 10y reducing both Lexington and Orange
burg. These are ihc two changes. and The lal-
Ter was but a mockcry. Rather than reduce our
large Judicial DISTRICTS the Legislature suffers
Court to be held regularly for Il fortnight in
Edgciirld. Barnwrl, Sumter and elsewhere, and
irrr.uarly, for the same length of time, at
Union and other places. Not 4 year passes.
without Special Terms being ordered in several
Districts, To dispose of litigation which should
H. Il 4 Il ID,
must pay witnesses for attending these Special
Terms also, and Justice is thus made costly, be.
sides being unnecessarily delayed. 1t is only
within Il few years, that Il regular Court Of two
weeks has been needed for Eli grlirll and Barn.
well. Nor will it be long, from present idica-
liun>, before these Districts viii require Il three
weeks Term. The heavy duckr!s AMI Special
Terms of Abbrvlc and other Districts are um-
nous that they must soon be cursed with Il
tor,night's Court also. The evils of Il long
Court and Of blended jurisdiction, are tnrcibIy
described in the preamble of IN act passed by
our Legislature in 1917, and earnestly com
mend lis language 10 the advocates of ovrr-largc
Judicial Districts, or Of Swciai Terms. which
are but long Court in broken doses. The act
WAS passed TO prevent the country inhabitants
of Charleston District, from being compelled to
remain in the city for wlIule Term, lis parties
or witnesses, and it assigns Il particular day for
the trial Of country eases. The preamble is in
these words: Whereas, great and peculiar in
arise to the inhabitants of Charles
ton District, residing without the limits of St
Phillips and ST. Mirrliacrs, who are required TO |
attend the Court of Common Pleas in the city
of Charleston, either as parties or witnesses
from the long terms allowed in said District.
and the consequent uncertainty ut what period
of any term the causes in which they are con-
cerred can be tried: by reason whereof, the in
habitants, residing in remote parts of the said
District, are Obliged TO leave their homes aud
avail. the trial Of their causes for nlnny weeks
together, TO the great oppression of The said in
hahllamts, be it therefore enacted, &C.
This is close logic, and it applies to many
other Districts lis appropriately rs it does to
Charleston. New Districts should be erected in
the Parishes is well rs in the up country, for
the very reasons which produced the Sub-diris-
ion of the State in l72l-'6S- 'Sj and '9S. The
time was, when the expense, delay and trouble
incident to 4 fortnight'S Court at Cambridge,
came near urging our furcillhcrs to rebellion,
but We bow conplaccntly TO our Masters be-
cause our leading men are controlled by Il cor
rupt Legislature. Edgefield and Barnwell are
almost us large in territory lis Pcndleton, and
Edgrtield has nearly as many inhabitants us
pen,Iclon had when she was divided in 1896
Dur people are asu much wealthicr, and there
fore have more litigation than hers now have,
Or ever had Barnwrll and AbbeviIIe can each
support police for TWO Districts, and Edgetield
.an sustain one for three Districts. Spartan
Darg, Marion and Lexington are all too large,
while every Parish District in the Stale, except
should he reduced. If twelve or
fifteen additional Judicial Districts were erected