The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-08-14
For the anderson Mtezligencer.

your valuable paper an editorial headed "Unne-
cessary Litigation, in which you present certain
views in relation to the duties of of Trial JUS
tices, as connected with the public interests of
the Town and County Of Anderson, in which 1
most heartily concur. 1t is true that in pre-
ferring these complaints against their modes of
procedure, no discrimination is made between
those to whom the article relates; but to this
am not disposed to object, as you could not be
expected to make any invidious distinctions.
I think, however, that your complaints are not
without foundation, and under the circum-
stances that it is our duty, as Trial Justices, to
make an exhibit of our actions and doings, as
the only way left open to us of shielding our
selves from blame. For one, am willing to
do so to the fullest extent.
You must, therefore, allow me to state that
when accepted the Office of Magistrate, (for
must say that have never sought such ap-
pointment, but on the contrary, the various
appointments with which have been honored
have been grat,litously bestowed, without any
seeking on my part,) I adopted the following
rules, by which intended to be guided in dis
charging the duties of that Office, viz:
First. Never to commence civil action
without first notifying the defendant of the
complaint that had been lodged in my hands
against him, and allowing him sufficient time
to call and see lne, and should the complaint
be just, to settle it without costs. And by so
doing, think can safely say that fully three
fourths of all such cases have been settled
without costs to either party,
Second. In reference to criminal actions
coming before the Trial Justices Court my
rule has invariably been to postpone the COM
mencement of the action until the plaintiff
should have sufficient time for reflection, and
his passion to subside. After which, if he still
insisted upon commencing a prosecution, 1
would frequently have both parties brought
before me, and after doing so, 1 think state
truly when say, that in nine cases out of
every ten, have been able to affect an AMIGA
BILE compromise, without costs to either State
or County.
My reason for pursuing the course above
stated was because believed that the peace of
the County and the dignity of the law could
be better maintained by securing friendship
between the parties, than by prosecution, fine
and Imprisonment.
Now, as to the number of civil actions
brought before me from the first of April, 1872,
until this time, there has been but two, one of
which has been compromised, and have good
reason to think the other soon will be.
During the same period, have had but one
criminal case. Although during ,he said term
complaints have been made, and sarrants al
most without number demanded, many Of
which might with legal propriety have is
sued but by pursuing the course have al
ready stated, I succeeded in compromising.
I am aware that I have been sometimes
charged by the friends of the parties, and those
who desired to see punishmsnt inflicted, with
great dereliction of duty, by not prosecuting
parties for offences against person and proper
ty. /, however, think differently; and it is
well known to every attorney at law that for
all such offences the party agrieved has two
modes of redress, one by Indictment for viola
ton of law, the other by civil action for dam
ages; and he has right to make his own
election as to which he may adopt. But even
supposing that he had commenced by prosecu-
ton, he has still the right to drop the prosecu-
ton and commence anew by civil action for
damages.
Now, let us suppose just such case. I
know that you will readily admit that, should
the plaintiff and defendant agree as to the
amount of damage, the suit should be at an
end, for who could better ascertain the amount
of damage than the plaintiff himself Why
not, then, before the commencement of either
civil or criminal action, let the plaintiff and
defendant settle their own matters. 1t is
enough, sir, for the Trial Justice to let them
know that unless they do settle their difficult
ties between themselves, he will enforce the
law. By adopting such course, mutual
friendship is restored, and that too, without
costs to either party, State or County.
1t may be said by some that such course as
I have pursued would not be profitable to the
officer. That, Sir, is true; and it is equally
true that Trial Justices were not appointed to
Office in order that they might "make money"
but to serve the people. By reference to Mag
istrates' accounts paid by the State, and to
Trial Justices paid by the County, you will
find that three hundred dollars will cover all
my charges against both State and County
during the eleven or twelve consecutive years
I have held Office and from the first of April,
1872, until now, have charged the County but
with five dollars and a hall, and that may yet
be paid by the defendant.
Now, sir, in conclusion, permit me to say,
that if the course which have pursued, and
which I shall continue to pursue so long as
may be honored with that office, should not
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