The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1883-02-15
Trial Justice Courts.

A country delegate to one OF our
County conventions, last summer,
advocated the election of trial
justices by the people, saying:
"Lots of men gifts appinted trial
justices that amt fit for nothing"
These plain words, plainly spoken,
but gave voice to the popular dis
content on this subject. There are
persons who would find fault with
s.a Daniel come to judgment" for
they must have something at which
to direct their carpings and filings;
but it cannot be denied that our
present system of trial justice courts
has been fruitful source of popular
discomfort and Legislative discus
sion. We believe that this discon-
tent is not unreasonable, and that
it springs from the unwisdom Of the
system itself, rather than from
corrupt or oppressive administra-
ton of the courts.
The judicial system of a State
should be crowned with the wisdom
of the government; and we most
reasonably look to our courts for an
exempifcation of the wisdom of
our lawmaking powers. A court
that does not meet the ends OF
Justice and at once command respect
is judicial mistake, to call it by
no harder name. Wise laws are
very well; but wise laws wisely
administered are the best fruits of
advanced civilization.
The fact that this system Of
courts was established to satisfy a
prevailing need, and that the trial
justice courts are little respected
but bitterly cursed, shows that the
system itself is radically wrong.
We have no desire to be unjust or
needlessly severe towards any pub
lie institution, but we have little
respect for this.
We believe that trial justice
courts tend to foster rather than to
discourage litigation; this may be
the fault of the workings of the
courts. We believe, too, that i'm
partial decisions, as rule, cannot
be had in these courts; this is the
fault Of the system itself, together
with the infrmity of the human
Judgment and understanding. The
plaintiff makes statement Of his
case to trial justice and asks for
counsel; the justice gives him adj
vice and brings the suit according
| ly; and when he tries the case, he can
| not get from behind his prejudices
! aud expressed opinions, for trial
| justices are human. He may In.
tend to be impartial, and may
think his decision just; but the
mischief is that the man who follows
his own judgment always feels that
he is acting impartially and fairly,
no matter what influences may have
given bent to that Judgment.
A trial justice appears in trial
justice court as. attorney for B. and
fails; he then tries case between
B. and his former opponent in his
own court; and being human, ne Is
partial to his former client. This
kind of practice is a mockery OF
! justice and is wholly inadmissible
| The man who gives the counsel
and issues the papers should have
nothing to do with the trial. VIZ
feel, then, that the system should
be r>modeled, and that We should
have Judicial and Ministeria.
Justices Of the Peace. One officer
should issue the papers and another
try The case. This would not give
entire satisfaction, but It would be
a markell Improvement, and would
shield the machinery of our courts
from SO general and so meritcd con
tempt. His words are-"Lots OF
men gifts appinted trial justices that
! eint, fit FOR nothing"