The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-05-03
THE WORK OF REFORM.

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upon this subject, we invite the attention
ofthe General Assembly to the propriety
of abolishing the law forpaying witnesses
in State cases. The protection of the
citizens personal rights is sufficient in
ducement for him to attend the Courts to
give his testimony in all cases where the
criminal law has been violated. The
sessions of criminal courts are generally
short, and witnesses would not have to
lose much time in attendance. This
would rid us of professional witnesses,
who love to be summoned in every case
possible. It would also prevent many
frivolous prosecutions, which are urged
on by third parties, who wish to obtain
the witnesses fees.
Also jurors upon criminal cases in the
Courts of Trial Justice should receive no
remuneration, for they are always neigh
bors of the Justice, and do not lose more
than a portion of day as a general
thing, and are at no expense in attending
the trial. Every man ought to be will
ing to devote a small portion of his time
to investigating any crime which has
been committed.
Another subject upon which we think
the present Legislature should act, for
the purpose of giving practical relief to
the litigants of our State, is the reduction
of the costs of snit in civil cases and the
costs of Indictment in criminal actions.
It is a matter of which persons unac
quainted with this subject have no ade-
quate idea. In the Circuit Court the
allowances are too large, and should be
very much reduced. We do not believe
it proper to make a wholesale reduction
of costs in this Court, but think graded
schedule of costs should be enacted sim
liar to that which existed before recon-
struction. A case involving large
amount, or one in which there is tedious
litigation, should carry more costs than a
small and simple suit. Under the
present practice such is not the case
The costs in a suit upon aote for one
hundred dollars are as great as those
upon a note for ten thousand dollars.
This should not be the case. Also the
costs allowed in Trial Justices Courts are
simply enormous, and in many instances
amount to defeat of the ends of justice.
We knew of case in this County some
years past in which the costs upon
q suit for twelve dollars and a half, by
three mistrials in Trial Justices Court,
amounted to over seventy dollars, and of
a recent case in which, upon verdict
for three dollars and a half, costs amount
ing to over twenty-five dollars were taxed.
The law in reference to costs in civil
cases in Courts of Trial Justices is very
oppressive, and ought by all means to be
amended. For our part we favor the
abolition of the Office of Trial Justice
and the substitution of Justices Of the
Peace, with the limited jurisdiction Of
our former Magistrates. A County Court
could be established to meet quarterly
with considerable jurisdiction, which
would allow the sessions of the Circuit
Court to be reduced to two terms year.
The costs in this County Court should be
very small, and by affecting frequent
Jail delivery by speedy trials, and abol-
ishing one term of the Circuit Court,
more than enough to defray the expenses
of the County Court would be saved.
The commissioners and managers of elec-
tions should be required to serve without
any compensation, and the very best men
iu every locality could be induced to
serve in these positions. Our Legislature
should endeavor to make the State gov
ernment of South Carolina model Of
economy, by abolishing every salary
where the services of efficient men can
be obtained without remuneration, and if
the effort is made we are satisfied that
our people will heartily respond by Civ,
ing sufficient portion of their time and
energy to the public service.