The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1883-03-22
For TIE HERALD.
The Laws and the Courts, as
Zero Sees Them.

An editorial in your issue of the 9Th inst,
capped sMost Hearty Good Master" Knocked
the she'll from some, as rotten legality as
could be found in the code OF a Hottentot.
Charge five dollars a reference for adYocat-
ing an untenable claiml Palpable wrong!-
monsnosity! BUT WHY HAS NOTHING BEEN
HEARD OF THIS KIND OF THINGS BEFORE
WAS IT THAT NONE KNEW IT, But THOSE
WHO PRoFITED IN ITS PRACTICE We
suppose twas statute or common law, and
legal wrong is legal right. A few years ago
we were sued on note-we set up no de-
fence; for we had none exceptwant Of funds.
The costs in the case, and no defence put 10,
were forty dollars-one-sixth of years
work-enough to have fed our little ones fiYe
months. Another who found we had no
funds, proposing to convert some OF our
goods and chattels into cash, did the same
thing-the debt in this case was thirty-three
dollars-the costs twenty-seven-no defence
again. An estate of three thousand dollars
came before the Master and the courts, after
the costs in about dozen needless references
were paid, little more than thousand
remained. The items il an account against
an estate are made out thus 1--WE produce for
| the benefit of novices):
Estate OF A. B. c., deceased, Dr., to L.: E
Fec. e........................ .SoOO w
The amount of the fee depends altogether
on the size of the estate and not on the
amount of work done. The fee must be ap-
proved by the court, but any we'll disciplined
court will be more than just. When a judge
orders the distribution of an estate, those
who have experience know that the distribu-
tion has already nearly been made. They all
90 according to law-look and talk like
Blackstone was fool to them-but what
sort of law is it? No enc is to blame for
this, but those who make laws with such
loop holes in them. Men and women who
have only one or two cases in lifetime go
away from the courts feeling that they have
been feeced, and make resolve that they
viii suffer much, before appealing to courts
again. They are impressed with contempt
BILE idea of the equity Of our laws and the
Justice Of their execution. Some may strive
TO impress them that such is high Justice
always has been-ever will be, and there
can be no improvement. Butthis is hollow,
false If the people will put themselves to
the trouble TO inform themselves little, and
will 90 to the ballot box determined to vote
for none but men of ability and for none but
those who aYow reform both in legislation
and in the Judiciary (for judiciary is a
creature of the legislature )-determiped to
vote for none but those who are resolved
that the defenceleSs widows and helpless
children of our yeomanry. when deprived Of
their husbands and fathers, shall not have
the small hard-earued pittance gulped from
them, by technicalities, names and dpretexts-'
then there viii be reform and speedy reform.
Is procrastination part of justice? Our
last court took up and tried cases by consent;
that means--nothing less-what farcel
That's the rule, eh! It's THE RULE we are
after An officer in our county, model in
most respectS-thinks procrastination the
ouintescence and flower of courts. He argues
thusly: SPEEDY justice crowds the courts
with plaintiffs-fardy justice makes people
suffer wrong, bear grievances, and arbitrate
rather than resort TO courts" Such reason
ing may do for church, il is novel in state.
He's honest-he's wrong-we'll II vote for him
no more.
Much is said in derision of the average
jury. II isn't near what UNIVERSAL EDUcA-
TIoN will make it, but its errors arise more
from morbid sympathy than from ayarice
and therefore are more eXcusable. All grant
ed that is charged against the jury, wouldn't
most persons with just cause prefer to risk
their cause to a jury than to the other part
of the legal machinery. Like Pat, when
sick and asked by the priest. care you afraid
to meet your God?" "0ch, no." said he,
'sits the other chap that / fear to meet"
Fave We said TOO much ? If the laws and
courts have the confidence of the people
not of blacklegs, roughs and cut-throats who
fear justice; if they have the confidence of
the true, the yirtuous, the unsuspecting and
aw-abiding, then We exclaim, PEccAvIMUs!
ZEO.