The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1884-06-26
For the HERALD
DR.. S. Pope Answers.

TO tile Democratic Voters Of Neac-
berry County:
Having given my views hereto.
fore on many Of the questions pro-
posed | now give them On the bal
ance Of them:
The Masters office is one which
has existed in this State, as an adj
junct to the Court Of Equity, for
years. BY referring matters of
account, the taking Of testimony,
ETC., to the Master much of the
valuable time Of the Court is saved,
and that part Of the expense of
litigation IS shifted from the County
to the litigants themselves; thus
not only cftecting saving Of ex-
pense to the County, but also en-
abling the Court to give the time
thus saved to other business.
The fees Of the Master fixed by
law are: For every day spent in a
reference, three dollars; for making
and filing his report in a case,
three dollars; for swearing and
taking the testimony of each wit
ness, twenty-five cents; for appoint
ing a guardian ad Htem, two dollars;
for taking and transcribing q bond,
three dollars; for examining and
auditing accounts, one dollar; for
granting commissions to take testi-
mony, one dollar; for every deed
or mortgage, three dollars; and the
same commissions for receiving
and paying out moneys as are al.
lowed to sheriffs.
From this you will see that his
costs are not excessive, and if we
had no Master the cases now re-
ferred to him would be referred to
4 special Referee, who would get
the same fees and also would las
vas the case from 1870 to 1878
while the Masters office was abol-
ished) get fee from twenty-five to
five hundred dollars in each case.
The great expense in the settlement
Of estates and other equity cases is
in attorneys cost. They are allow
ed under the fee bill of 1928, which
was re enacted in 1878, five dol
lars each day for each reference. l
favor q change Of the law so as to
allow them for but one reference III
each cause, and in addition that all
executors, administrators, trustees
and guardians on employing an at,
torney shall enter into a written
agreement with him as to the
charge to be made for carrying the
case through, and unless the agree
ment is reduced to writing that the
estate is not to be bound, giving at
the same time the Circuit Judge or
the Probate Judge, as the case may
be, the power to reduce such fee if
they think proper to do so, and al
low, under no circumstances, pay
for extra services.
Should q change Of this sort fail
to effect the desired end | shall
then favor a law abolishing entirely
attorneys costs in any cause, as is
now the case in some Of the States.
I am not sufficiently acquainted
with the phosphate question to say
whether or not the royalty on crude
phosphate mined from the beds Of
the navigable streams should be
raised from one dollar to two dol
lars per ton. TO raise it might
drive those engaged in mining it
cut of the business, as they might
not be able to compete with those
mining it upon their own lands,
who pay no royalty, and thus Gre
ate a monopoly, or it might be that
it would cause the planter to pay
one dollar more per ton for his gu,
ano. This is question which |
shall investigate if elected, and
vote as my best Judgment shall die
tate. AS l ct present understand
the canal at Columbia and its sur
roundiugs, cannot, if elected, vote
an appropriation for its completion
I favor 4 modification Of the
present Trial Justice system, but
as this involves the consideration
of coIsti utional questions it will
be impossible in such all article as
this to state in full what I conceive
should he the character of the leg
islatioA on tie subject. but if elect
ed l s!&ll exert myself to simplify
the present system. favor the
two mill tax for educational purpo-
ses; if .iOr no other reason. because
we pledged ourselves to it in 1876,
and voted for that amendment TO
the constitution, and l 10 not in
tend to go back upon the pledge Of
our leader, General Hampton, and
the pledges Of our party.
s. PorE.