Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1881-11-24
A Remedy Needed.

"A Remedy Needed.
Nearly the whole Of the two weeks
allotted for the Circuit Court Of Ncwberry
County for tho present term has been taken
up with criminal business. Aud the civil
docket is crowded., many of these cases
being very important, aud all of them re-
curing, if possible, speedy trial. It is
very evident now that no business Of any
consequence can be transacted on the civil
side of the court this term. This has been
tho condition of things for years and years
past, and it will continue to be 60 until
something be done to remedy this evil.
What is the remedy? 1t will not do to
throw the criminal cases out of court. True
many of them appear insignificant But
they are not so-no offence against tho law
is Insignificant. The Inconvenience and
tho expense Of trying the numerous cases OF
crime are great JUDGED, but they arc as
nothing compared to the evils that would
result from allowing criminals to escape
the penalty of their crimes. As long as
people violate the law they must be tried
and punished, no matter how much it costs
Tor how muoh time it consumes. We can
sec but one way to remedy the evil; and
that Is to entirely separate the sessions of
the Sessions Court and Common Pleas
Court. let them DO held at Different times,
so that one can in no way interfere with
administration Of tho civil law, in this
county at least, is almost u mockery, and
will continue so so long us the criminal busi
ness is allowed to o,capy the time that
should properly belong to the civil. The
Legislature should consider this matter, ,
and while it is considering it should also
consider whether there is not a necessity for
increasing the number of judges. 1t
might be a good idea to establish County
Courts with jurisdiction to try most Of
the cases that now 60 ia,o the Court Of
Sessions. Something should DC done
and that speedily -Ne,obenV Herald,
We have no need Of any more o!liccs or
officers, but We do need, aud that badly,
little common discretion in tho conduct of
our courts. If the Trial Justices will TO-,
sist upon sending up triaiug cases, let The
Solicitors do us our former Solicitor, Goth.
ran, did. at the very last Court that he
served as Solicitor, ut Aobeville, lie not
pressed six out Of thirteen cases. What
sense is there in ealing upon the Circuit
Court to punish n trendicss citizen to
crafty the personal spleen of nciehbor,
because he may have chanccd to violate
the tcchnicaI provisions of most exacting
law, and one which visits the scvcrcst pun
ishment for the most ,ritliug offence. 1t is not
to the credit of any State nor to the honor
of any people to send a victim to the pcii-
tentiary tor term Of years for petty
larceny. From the sentences of some Of our
Judges it seems that term Of from one to
number Of years is very light sentence
upon citizen for crime scarcely deserving
Of notice.
For our own part we do not understand
tho spirit or aDimus which governs the
understand the proper reason for tho prose.
oution aud punishment Of IL violator Of the
law to be to suppress crime by making an
example of tho man who has been ar.
raigned, that it may have the effect of de-
tewiog others from committing like offences,
but in practice it seems to be anything else.
If we arc not mistaken man may commit
almost any offence against the person or
property of another, short of murder, and
if the injured party can bo induced to
make terms with the guilty party, the
State, it seems to us, never fails to ac1uiesce
On the other hand, it appears to us, if
citizen has the least ptctcxt for prosecuting
a neighber, it seldom fails to exhaust it's
powers and is generally willing to lend tho
machinery of tho government in crushing
poor creature for the most insignificant
crime. Tho State should act independently,
and on its own judgment, and not upon
the motion Of citizen who prosecutes
maciously. If crime has been COM
mited, it should treat the pcrpetrator as
though it did not know the Injured party
No man has right to set the Courts Of the
State on u man ut his own good pleasure, or
TO tell tho State to stop after proceedings
have once been taken. The State docs not
propose to tako evorybody's fight on ita own
hands. 1t merely aims to punish for crimes
without any reference to whether it pleuscs
the prosecutor or not. The State, and fiot
tho prosecutor, should be satisfied
If Trial Justices would act as gener
ously with those brought before them as
our grand jury did with these Offices at our
last court, very few triiling cases would be
sent up, and then if our grand iuries