The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-02-05
""a From the Columbia PhGniin..' .'o.'7'al.
Obstacles in the Administration Of Justice.

We have before US the report of the Attor-
ney- General Just submitted to the General AS
semby, of the cases argued, tried or conducted
BY him in the Supreme Court Of the United
States and in the Circuit Courts of the State,
during. the. past year. Amongst her other
troubles, the State is headover-heels in lltlga-
ton Her chief law officer is kept busy fight
ing against the claims of bond-holders brought
against her, for settlement, and in suits against
railroads for. recovery of taxes, and against
County Treasurers who have failed to account
properly, or have pocketed the money which
they have collected, and run away. The re-
esting and instructive. 1t furnishes testimony
to his industry, zeal and ability. It shows that
the Office. he fills is no sinecure. He mentions
of society, which, combined, render difficult
tbe,executiotn of the laws, and impose upon the
law officers heavy duties and responsibilities
I'm these trials and labors, we must say that
the Acknowledgement has borne himself we'll
He can hardly congratulate himself, however,
with having escaped out of the wilderness. He
anticipates that largely increased amount of
business will devolve upon him during the
present year. .'".
: The peculiar sort of life we are leading in
this State the strange history we are enacting,
is making its ugly impressions in the courts OF
law as well as on the records of the legislative
body An intelligent stranger from another
hemisphere, without acquaintance with the
facts of our recent history, could form correct
idea of our anomalous condition by perusing
the statutes, or by making himself acquainted
with the trials in the courts. In this report
we see reflection of things far from agreeable
or creditable. Here ne read that the Comp
troller- Generals report exhibits q deficit of
Ss445 ,OO0 charged against County Treasurers in
five years; ending November /, 1872. These
startling, figures remain upon the books of the
chief fiscal officer, and let in flood of light
upon the necessity prevailing all over the State
for the Increased rate of taxation to meet def
ciencies in the Counties. The Attorney:Gen-
erals attention has also been called to the most
fragrant frauds in the administration of the
Land Commission, perpetrated in every Coun-
ty, if not in every neighborhood, where the
proceeds of the charity. were nominally ex-
pended. It would seem incredible, he says,
that men, elevated to Office by their blind and
too conhding trust, should consent shamelessly
to feed upon and consume the bounty, confer
red upon the landless and homeless freedmen,
but so it is. Matters of like character demand
investigation and remedy The prospect be-
fore the Attorney General is far from inviting,
and we are not surprised to find him asking au-
thority to employ, out of'a contingent appro-
priation to be provided for the purpose, an as
sistant Attorney General to aid him in both
civil and criminal cases.
The evils which enbarrass and afflict the
of justice in South Carolina are
legion in number, and in our judgment, inca
pable of remedy by those now in power The
81
and insurmountable. We give the Attorney
General credit, however, for bold statement OF
the evils and some good suggestions concerning
them. We COPY below an extract which shows
that he both sees clearly and advises judicious-
ly:
s'In several Counties, the Courts of General
Sessions have not been held during the year,
because iuries have not been drawn in the man
ner provided by law. In some instances, the
officers charged with this duty are suspected of
having wilfully neglected it, in order them
selves to avoid prosecution for offences against
the law; whilst, in others, the evil has resulted
from the difficulty Of complying with the exact
ing requirements CT the statute in relation to
the preparation of the lists and the drawing of
iuries 1t is suggested that majority of the
Board should be sufficient to perform the duties
of the Jury Commission that these duties
should be declared to be directory and not
mandatory, as to time and manner; and that
severe punishment should be denounced against
the wiIlful neglect or misconduct of the Com.
missioners. It would insure a more faithful
and efficient performance of this responsible
Office. to amend the law so that the Board of
jury Commissioners shall consist of the Clerk
of the Court, the County Auditor, and Com
missioner 10 be appointed by the circuit Judge,
and hold office during his pleasure-the Board
thus constituted deriving Office, in one instance,
from the people in another, from the Execu-
tive in the third, from the court; and so con-
stituted as to be beyond ordinary accidents IL
these suggestions do not meet the%approyal of
the General Assemblys the court should be
authorized, whenever the Jury Commissioners
fail, for any reason, to provide legal jury, to
appoint temporary Commissioners, with full
power to prepare the jury list, and. therefrom
to draw the jury in open court, for the current
wear or court term, as the exigency may require.
It is simply absurd that the courts of the State
should. be dependentnupon the caprice or be
utterly blocked by the default Of a board Of
three men, however we'll selected and the law
should furnish remedy by which promptly to
the doors-of the rourt room are closed against
the people. .y-,,a,- nta.. .o| r.
"The financial condition of by far the larger,
number of Counties is such as seriously to
impede the administration of the law. TO en-
force the attendance of witnesses and jurors
aud to hold the officers of. the. court to the
strict line of duty, when the County treasures
are depleted, and the service thus rendered is
well-ni gh gratuitous, is not only great hard
shin, bnt results in such an unwilling and in
efficient service as gravely to retard and impair
the machinery of The court. This condition
of affairs is without excuse, and incapable of
explanation. 1t is true that the financial
affairs of the several Counties, with notable
exceptions, have been so conducted as to render
the Counties utterly bankrupt; but this should
pot be permitted, year after year, to embarrass
the officers of the County in the conduct of the
public business" t''' : ~.
-. The Professor of Natural Philosophy in
Al IL. Il