The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-12-01
The Governor and the General As
semhly.

| liberal spirit in which his annual message Is
conceived, and do not care to discuss the
why and the wherefore Of the sudden meta
morphosis of bitterly partisan Executive
into a patriotic Chief Magistrate, breathing
words of sage counsel, of prudence and dis
erection. The old vein crops out here ana
there, as when the people of the State are
spoken of as determined to give their State
prominence "and themselves respectability;
but upon the whole, there is much to ap-
plaud and very little to condemn, and we
trust that events viii justify the expectation
that, before his second term expires, Gov
ernor Scott will be spoken OF as one who
has done some service to the State which, in
a double sense, he has made his own. The
most pressing question is, however, not the
sincerity of the Governor, but whether the
General Assembly will promptly and dispas-
sionately consider and actupon the admirable
1reeommendations of the Executive upon the
subject Of the Trial. Justice system, the Jury
laws, and the duties and compensation OF
county officers.
1t is notorious fact that a large number
of the Trial Justices now in Office, are unfit
for the responsible positions which they
hold. Many OF them are vicious and cor
rupt, and more are deplorably ignorant.
The whole system, moreover, tends to stir
up strife and to encourage frivolous litiga-
ton. 1t is not denied that, in too many
cases, the Trial Justices, for the sake OF the
fees, prompt an appeal to their courts, when
that extreme step is wholly unnecessary.
Their profits depend upon the amount OF
business which they and their runners can
secure, and Governor Scott admits that it is
freely, asserted that I" individuals appearing
before these magistrates are charged ex-
a travagant fees" and that "there is too
much reason to believe that in many cases
al the costs have been not only charged to the
"parties, but, in addition, have been charg-
ed and collected from the State" Well
may tile Governor say; ca correction of
these abuses is loudly demanded" The
expense to the State is enormous; and we
see it stated in the columns OF city contem-
porary, that the costs in criminal cases, in
the office of one Trial Justice in Charleston,
amounted in sixty, days to eighteen hundred
dollars, every farthing OF which must be
paid by the State-that is, by the body OF
the people. 80, se!; ....-5 49,
Tho injustice, tile: great expense, and the
pernicious effects OF the Trial Justice system
are conceded on all sides; it remain5 with
Governor Scott and the General Assembly
to provide the remedy. Governor Scott adj
vises that the costs permitted to be charged
be vlessened in amount; that the power and
duty OF the magistrates be strictly defined,
aud that tue seperest penalties be imposed
where there is any usurpation OF authority.
Governor Scott, also, remarks that he must
necessarily. depend very much upon the
members of the Legislature for the Z" char
/" acter and fitness of Trial Justices, and
naively adds that he is s'disposed to con-
"'sider education as an essential element
" among Them" This shows where the work
I,of reform must begin. All appointments ol
Trial Justices are made by the Governor,
with the consent Of the Senate when that
body is in session. The Governor may sus-
pend g from his Office, for such causes rs to
him shall seem just any Tria! Justice,''
reporting such suspension to the Senate. 1t
is, then, clearly the duty of the Governor to
appoint, or, nominate, such men only as are
known to be trustworthy and intelligent,
capable and weltsmeaning. This power the
Governor has, anditis q Dablic duty to take
the best men wherevcr,!hey can be found.
1t is no excuse 10 say that,qualihed persons
cannot be had in the ranks Of the Radical
party These Trial Justices are for the
whole people and not for ., political party,
and they should be selected without regard
70 their political convictions. To take an
ignorant and corrupt man because he is the
best that Radicalism can furnish, is wrong
as great as: to reject a capable and pure can
didate because lie is Republican. Gov
ernor Scott must take the initiative. TO be
consistent, he must at once remove all in
competent and v.nal Trial Justices, and APP
point better men in their place. When the
Senate shall reverse his action, and not be-
fore, this responsibility will pass away from
him.
+ The proviace Of the General Assembly is,
it appears to U.S., equally well defined.
They should change the Trial Justice laws,
and mark out clearly the extent and exact
nature of The authority of Trial Justice.
They should-and in this we 80 farther than
Governor Scott-rilaks the Trial Justice q
paid officer OF the State, receiving fixed
annuu stipend, without regard to the num-
ber OF cases brought before him. The num-
Der OF, Trial Justices should be reduced to
the lowest point compatible will, public con-
venience, and their remuneration might be
larger in places where the work is necessa-
rily heavy But wel are confident that the
abolition OF the fee system of payment would
rapidly diminish the i'volume Of litigation,
and whatever fees we're permitted to be
charged should CO.. not into the pockets of
the magistrate, but into the treasury OF the