The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-11-30
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tha tiiifiShilSSs 10 ~ Eaii ssns afl g! !EslI as
siaions 10 lSigataad .eases. the. Executive
has. unfortunately, been thrcwn .slmoAt
exclusively upon the tnembevs of ono po-
litioal party FOR his choice Of Trial jug
toes, and, iR, many ceses, petSppR with
out the requisite quail have been
recommended. II is very important that
this evil be corrected, ihnd we may rea.
sonably hope tint jR- future wider field
may be opened to aelect from, among
snch OF our Eitizens rs ere distinguished
for their $S1te1ligence impartiality, and
love Of jdstiGe. . In nspfonpt, equitable
and economical administration of the
hws. depena Ihnell of the peace and
harm6Sy OF the dothmnnity, by the obi
teration 0fs fsCaases iof discord and the
tween -ihdiyiduaih But essential modi-
administration of justice. Complaints
are prevalent that in many cases O spirit
Of litigation Is promoted and stimulated
with q view solely to personal acquisi-
ton; and it is asserted that not only
individunIs appearing before these Mag
istfates arc charged extravagant fees, but
there is toomuoh reason to believe that
in many ta3eS the costs have been not
diNoh3 haze bseR charged and collected
from the State. a correction of these
abuses is loudly demanded. There should
be. also, an essentiat modification Of the
empunks ks0f eostep epermitteR to be charged,
and the State thoroughly protected
against the, ehgses of aupripoipled men
holding these positions. The extrava-
canoe ofAthe costs at present, in cases
before e. grisli Justice, are, in many
instances, q denial of justice, as, in most
of the cases taken before these minor
Courts, they are greater in amount than
the sum in litigation. The powers and
the duty, of the Magistrate should be
welFdshned, and the severest penalties
imposed for their violation. None should
be held more rigidly amenable to the
law than. those who are chosen to ad-
minister It. I would here remark that
must necessarily depend very much
upon The members of the Legislature
for the character and fitness of Trial
Justices, and am disposed to consider
education as an essential element among
them. This would not only be proper
In itself. but would afford an additional
stimulus to it's acquisition. By making
knowledge of the elementary branches
an Indispensable requisite to appoint
ment for office. higher grade of service
would be secured, as we'll as q more
efficient performance of it.
COUNTY COMMISSIONERS.
would direct your attention to the
laws defining the powers and duties of
County Commissioners, and their per-
versions aud abuses. From the frequent
complaints against some of the boards,
it would be imagined that they were de-
voted more to private acquisition than
the faithful discharge of public trust.
In neighboring States. the office of
County Commissioner is looked upon
more as an honorary station, bestowed
as mark of confidence and trust in the
judgment and business capacity of the
individual, rather than position of Pc
cunlary emolument. and, except in the
neighborhood of large cities, the COM
penaation is but trivial, seldom amount
ing to more than from fifty to hundred
dollars per annum. Stringent laws are
required for the prevention and punish
ment OF abuses, which will restrict ex-
penditures within legitimate bounds,
forbid all participation, direct or indi-
rect, in contracts, for which proposals
should be invariably advertised, restrict
ing the amount of County orders issued,
constituting the County Auditor the per-
manent Clerk of the Board, by whom all
orders should be signed and issued.
TRUST DEPOSITS.
Since the Bank of the State ceased
operations there has been no suitable
means OF securely depositing funds held
by the Courts. It is of great Importance
that provision should be made by law for
the security Of such funds, both for the
PRESERVATION of pure administration of
that important branch of judicial juris-
diction, and for the protection of suit
ors. Places of security shonld be indi-
Gated, and provision made for the de-
posit of adequate pledges from parties
authorized, by law, to become custodians
of suoh funds, and means should be
provided for increasing such securities,
from time to time. so az to afford suffi-
cient protection to all amounts so de-
posted, and the control over such de-
posits, while in the hands of such do
positories, should be further secured by
allowingto the Courts summary remedies
against them, to the same extent as if
they were the regular appointed receivers
of the Courts.
JURIES.
The attention of the last General AS
eembly was called to the necessity of a