Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-10-21
8. - For the Standard.
OUR JUDICIAL SYSTEM
49-45 (No. %
To the Menabers elect.of the Senate

/ 10 the Menl0eTS etecCr0T the iSe1Gte sza
| and House Of COUUaORs:'
1t appears from the facts, stated in my former
number, that on abolishing the district system in
1906, and establishing the Circuit Court system of
| Superior Court for each County, that there were
then sixty counties which were divided into six cir
cults of ten counties in each; that this continued
until 183G'37, when the seventh circuit was estab-
lished the counties having then increased to sixty
six that the number of counties in the sixth or
western circuit had increased, in consequence of di
visions in counties, from ten to thirteen that this
considered by the Legislature so oppressive and
unequal that at the session of lS36-37, they dec-
ded to establish seventh circuit that the first four
circuits, each contained ten counties-the Whining
ton circuit, eleven-the Rowan circuit, nine-and
the Morganton seventh circuit, only six, to wit:
Macon, Haywood, Yancy, Buncombe, Rutherford
and Burke.
How do the circuits now stand? Since the year
1886, the counties have increased from sixtysx to
eightytwo. The first three circuits Edenton, New
berne and Raleigh have in each ten counties; whilst
the fourth, Granville circuit has twelve the fifth
Wilmington circuit has twelve the sixth or Surry
circuit has fourteen counties and the seventh or
Mountain circuit has the number. If siXty-siX
counties in 1886 were considered unequal and
oppressive as to call for new circuit, how much
greater the necessity now? By the amended Con-
stitution Art Sd, Sec. IL it is provided that 1.-THE
salaries of the judges of the Supreme of the Su-
perior Courts, shall not be diminished during their
continuance in Office" In 1S3G-'37 the salary of
the circuit judges fixed at nineteen hundred and
fifty dollars. The number of courts they had to at
and the difference in expense at least twenty-five
per cent. greater than then. But do not place
the demand for change upon this constitutional
Obligation however papable, but upon public con-
venience and the necessity of the measure for the
clear administration of public justice. The three
Eastern circuits have but ten counties in circuit,
the two middle circuits, twelve each whereas the
two Western circuits have each fourteen.
Is this fair, equal or just? I apprehend not to
say nothing Of the oppression to the Bench and Bar
1t is not the Inconvenience of the Judges or lawyers
that calls for relief but that of suitors and the pub
lie. After a circuit of ten weeks, the Judges, the
Solicitors and the lawyers become jaded and worn
down, and the business in the remaining courts is
either continued or hurried over in very unsatis
factory way. But this is not the only inconvenience
In these large circuits, the lawyers and suitors
necessarily excluded from the Legislature, are
forced to abandon their courts, in order to enable
them to attend to their Legislative duties. think
| hazard nothing in saying, the tax on suitors in
courts, under the present arrangement, in the
continuance of causes is greater than would be the
expense of the salaries of two additional Judges
and other officers. This certainly is tax which
should not be thrown upon those who seek justice
through the medium of our courts.
1t appears that the present arrangement of twelve
and fourteen counties to a circuit with only seven
circuit Judges, is manifcsty unjust and oppressive
to the Judges the lawyers and sutors, and necessa
rily attended with delays and expense. For, instead
of paying the Judges at the rate of ninety dollars
the court in 1886, it does not pay more than
seventy-fve dollars, to say nothing of the increase
L
take it your of public duty will not suffer this
state of things any longer to continue. Two rene
dies have been proposed. The one the abolishing
jury trials in county courts and the establishing of
thiid term in the Superior Courts. This arrange
ment has the example and sanction of the State of
Tennessee, where has been in force for the last
fifteen twenty years, ard has been attended with
entire success. How far such a system would be
calculated to advance the public interest and
rience, ii will he your province to determine. 1t is
more particularly my object to call your attention
to the positive nccessity-from sense of public
justice-of an enlargement of the present circuits,
by the addition of at least two circuits. We
now have eghty-two counties; and, with nine Judges,
there would be nine counties to each circuit But
this is not the arrangement proposed, the two
Western circuits would necessarily be amongst the
mountains, and should contain less number Let
the Edcnton, Newborn and Raleigh circuits remain
as they stand, with ten counties in each. Let
the Hillsborough circuit also have ten counties,
leaving off Stokes and Forsythe. Let the Whining
ton and Salisbury circuits each have nine countless
and the other three, to wit: the Surry, Morganton
and Buncombe circuits each contain eight counties.
There eight counties beyond the mountains
beginning with Cherokee and ending with Yancy
these should make circuit; and this can only bs
done by the addition of two other circuits Let this
be done, the expense saved to the sutors would
oy the more speedy trial of causes, greatly exceed
the salaries of the two additional Judges. 1t
would be giving the circuit system fair trial. bring
justice to each mans door, remove the delays and
charges incident to the present arrangement; and
fulfil the promises and expectations of those who
established the system repeat if sixty-sx coun-
ties with six Judges, in 1886, such an inconve
nience as to call for additional circuit most GER
tainly, eighty two counties, with only Judges
calls for remedy now. In 1885, sixty-six counties
and seven Judges, would be about equal to nine
submitted in all candor to your better Judgment
that the proposition for two additional circuits is fair
and just and ought to be adopted.
CASTOR.