Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-11-23
Friday, November %, 1868.
THE DISTRICT COURTS.

: At the present time. when several Of our ex-
changes are discussing the merits and deme, its
If the District Court organization, and when
thu whole system will likely come up for revis
ion at the coming session Of the Legislature, j,
affords us much pleasur. to read On ata and
elaborate charge OF Judge. Mrtaws. of the
. County Court Of Richmond county. Ga, in
which he gives his experience Judge Of that
Court, "ni .getsis 7a-ious notifications which
ma, i"cr"it. 's efficiency. Tho Court is very
similar IN It's constitution to ours and bears
Very much the same relation TO the judiciary
eyslen of the State.
lac controlling reason which the Judge ur.
ges Tor the continuance of the Court. is found
In the necessity which led to its establishment-
the changed relation between the racer which
has increased te"foid the !erimiual Business of
the country, and imposed upon tho Srtsro.
Courts. m amount Of business, to the sn,;sfuc.-
.t"ry dsc"ar.e Of which. u i,hout the aid Of the
o'nny cmtt. they wb"lt BE- entirely unequal
As w'thn's"sh-ir Supreme Court Is merely a
Count 81 k4l"rs, snd their Magistrates Court
has II" Jur' i"7 IL the punishment of crimes;
AMI hence with The abolition Of the Couutv
Court. all classes Of criminal offences wouli
come before the 'nperior Courts. which cit but
twice year. Those offences are accumnlatlnp
IN SONS Of the counties at the rate of twenty
or thirty every month, and in the majority of
cases the parties are unable 10 give bail. and
~o"ld be sent to jail. to remain there at the
coat Of the COUNTY, until the next meeting of
the Superior Court, ap! even then with bu, A
f"int p'ospeat'of rsleaie, as the Superior Court
Of EichmouL COUNTY recently adjourned, after
being engaged fifteen days in trying som e
twenty c"'e', and then leaving fourteen dsfeu-
dints in il.
Tile deitt of justice from the long intervaIs
between the sessions Of the court. and its aeon.
mn'"ted business would be produc,ivs of these
two evils: 1t would impose heavy tax upon
The community fur the support of prisoners and
again. It would increase nece ssarily the uncer.
t;s'nty in the punishment o. crime Tie case,
die rrotacted from court to court-witpes,es
die or move away. aud when at last thew are
brought totrial, the guilty, parties escape for
the want o. evidence, aud 10 tie great detri
meht of pu.Iie Justice.
For the proper administration of crimin-l
justice, and the speedy and eff.c,ual huni,b
nent OF crime, there seems then 10 be a mecca.
any Tor an organization similar to our present
l'is'r'ct Courts. The objection which ia urged
10 The Court, on account OF the onero,s iurv
dh'y whcii il imposes, is founded upon a mis-
taken view of tn. csse. The evil grows neo,a
sar'y out of tho changed relations Of tie races.
and the increase Of crime. which have imposed
upon white juriss The, admin istration of crimi-
nal justice to the black population. The Grand
Jury feature;of our District Court seems to be
regarded, however, as an exrresoence which
may be very veil dispehsed W ~ith, in the class
of'oifences which will come before its. cnrn j.
zance. and viii very likely be discarded. I,
was'not approved hy the Governor, and with
out being brought 10 the test Of experience is
very generally condemned
The iljurisdiction of the court is utend-
ed to administer cheap and summary iust,ce
to those classes Of cases. where the means oi
The parties. and the amounts at issue preclude
resor: TO the more costly litigation Of the Su-
Per'or Courts very serioua sljeetion is iu
deed urged to The discrim ihh,ion which the
present law mefes 10 favor Of the small credi
Tor, who may Obtain iudgmapt and enfSrce i,
immediately. whilst the large ereditos is re-
strained in Tie Superior Court. This m.y. sud
likely will be reI.eled by re enaclihg he pro-
visions Of The old law which stayed the lien
of the District Court judeemant 90 as to come
in pori passn with those Of the succeeding
term Of the Superior Court, ~.
\ STATE BANKRUPT Law