The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-12-06

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is amended in the prescribed manner, OF
the instrument itself will be violated. In
order that the largest discretion may be
allowed the General Assembly, IN devils
ing the best judiciary system to meet our
wants in the recently changed relations
of society, recommend that the present
General Assembly provide for an amend
ment of the Constitution, by striking out
the third paragraph in the Article aforc-
sold The next General Assembly can
consnmmate the amendment, and then,
the Legislature will be left, with unre-
stricted discretion, to establish such supee-
rior and inferior Courts as, to them, shall
seem meet. Whilst the amendment is
being consummated, the District courts
may be put fully into operation, and one
wears experience will, probably, decide
whether they are adapted to the wants
and meet the necessities of the public. 1t
they should bo found impracticable, in
efficient, or too expensive, they may be
abroeated and some better system may
be instituted. We are thrown upon novel
times, and all our legislation to meet our
| new situation is purely experimental. IL
would not be wise to discard and repeal
the legislation of each preceding session,
because it failed to work smoothly or give
entire satisfaction. When Deficiencies are
discovered, remedy them, by amendment
or modification No human wisdom is
equal to the task of giving perfect sys-
tenn of Courts and Laws, when an ancient
system must be revolntionized, to cor
respond withsradical changes in social,
domestic, industrial and political relations.
After ono years fair experiment, it may
be found thatthc District Court is the de-
sideratum. The Act of the last session,
ato amend the Act establishing District
Courts requies essential and material
amendments, to reduce its expenses and
secure it's efficient operation. The boun-
dary of it's jurisdiction should be more.
distinctly defined. The services Of y.
Grand Jury, as part Of its machinery,
should be dispensed with; the authority
conferred on the District Judge, TO ex-
anime and dismiss frivolous cases, renders
the existence of such body unnecessary.
There is a well defined distinction be-
tween misdemeanors and crime. 1t is
only when the prisoner is charged with
crime. that he is entitled to be tried on
presentment found by Grand Jury
Petty larceny, and other petty felonies,
NAV be declared, by statute, to be mis-
demeanors and defendants, in all misde-
meanors, may be tried without present
ment or true bill found by Grand Jury.
The. venire for the Petit Jury should be
reduced to eighteen. In the District
Court, it would be seldom that two pan
nels would be required; and the Court,
on such occasions, could be employed with
other business not requiring the aid OF q
jury. The Jury duty now exacted will
be very onerous on the people, and, as the
law stands, it cannot be performed at an
expense of less than eighty thousand dol
lars per annum. The modification sug-
gested would reduce the expenses TO one
third of that sum, for both superior and
inferior Courts. The expense, to the
Treasury, of Juries might be dispensed
with entirely, by taxing Jury fee in
every case tried. All traverses and i'm
parlances should be abrogated in the Dis
trict Court; and all indictments, recog-
nizances and other papers, in the Superior
Court, not disposed of, and in which Jurls-
diction is given to the District Court,
should be transferred to the District, and
made valid, as if originally returned to
that Court. The District Boards should
be required to make their annual returns
to the District Judge; and it should be
made the duty of the latter to examine
the same, and to enforce the law against
them for misfeasance, malfeasance, or
neglect of duty. When the District Judge
is interested in any case, civil or criminal,
of which this Court has cognizanee, 1T
should be transferred to the Superior
Court for trial. The Court should be in
vested with exclusive jurisdiction, in cases
| over one hundred dollars, only where the
contract, express OF implied, between the
employer and employee, is for agricul-
| tural labor The law now provides that
prosecutor, who Institutes frivolous or
groundless prosecution, may be adjudged
to pay the costs of such prosecution. This
is an ample safeguard against groundless
prosecutions and the law should be SO
amended, that the party making COM
plaint before a. Magistrate should be grant
ed warrant, upon his own recognizance,
to prosecute, without requiring security.
To require security to prosecute, is to
deny justice to the poor, the ignorant, the
dependent and the friendless. These are
the classes that it is the peculiar province
of the law to protect; those who have
wealth and friends, can readily secure the
protection of the law.
! Doubts have arisen whether the Supe-
rior Courts Of Law can take cognizance
of any offence committed by aperson OF
color, under the clause in the third Arti-
Gle of the Constitution, which declares
: that the District Court shall have juris-
diction of all cases in which a porson Of
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