The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1885-12-03

complished. These are the establishment
of County Courts, or an increase n tie
number of Circuit Judges. Care!sl con-
sideration of this subject induces me 10
believe that the latter mode Is best
suited to our wants. 1t thas recently been
decided on Circuit, after grave consider.
alton, that trial justices have no jur!sdic-
ton ir cases Of petty larceny. If this
decision is sustained by the Supreme
Court the jurisdiction Of trial justices
will be greatly restricted, and the work
Of the Courts of Sessions correspond.
ingly increased. In tina. cvent the
present number of Circuit Judges.
will be insufficient for the discharge of
the duties required. Doubts have been
expressed whether, under the Consttu-
ton of this State, the General Assembly
can create County Courts having such
jurisdiction as would be adequate to re.
lieve the Courts of General Sessions of
the trial of offences of this class. Apart
from these doubts there are grave cbjec-
tions to such Courts. Among these Oh
iections are: Their cost, even as com.
paredwith such an increase in the mum.
of Circuit Judges as will be sufficient
fer the purposes in view; the fact that
the number of appeals from the County
Courts will be so large as to crowd un-
duly the dockcts of the Courts of tSes-
sious, and the increased demands Of jury
duty upon that class of citizens whose
services rs jurors are essential to the
impartial administration Of fjustice. The
Circuit Court undoubtedly has jurisdic.
ton of all crimes. It has the power to
command and enforce respect. The
learning, ability and character OF its
Judges furnish q guarantee against abuse
of power which no inferior Court can
give, and the increase in the number of
its Judges necessary to insure the prompt
administration of justice will cost less
than any efficient system of County
Courts.
Icommend this subject to the attention
of the General Assembly in the confident
assurance that it will receive the careful
consideration which its importance de.
mands, and that proper remedies will be
provided for those evils which are nov
Justly the cause of complaint. If the
General Assembly should deem it best to
retain the present trial justice system, I
would recommend that the law be SO
amended as to provide for the payment
of stated salaries to all trial justices, and
that they be not allowed costs in criminal
cases. Some of the trial justices now
receive salaries, but in all instances in
which they are not so compensated for
their services their fees depend upon the
number of cases which they hear, ar.l
sometimes, practically, upon the decis-
ions which they render. The temptation
thus held out to incite litigation and to
decide wrongfuliy has contributed in
large measure to the evils of the syster,,
in which, as too oren happens, the officer
is wanting in the character, ability,
learning and professional pride and
training which should mark those who
sit as judges in questions involving the
rights and liberties of their fellow-citi-
zens. The trial justice should be con-
servator of the peace. To make him
such the law must remove all incentives
to promote strife and litigation. The
number of trial justices now allowed by
law is 407. The number in some of the
counties is larger than the requirements
of the service demand, and it should be
reduced. would further suggest, as
worthy of consideration, that trial JUS
ticcs be appointed by the Governor on
the nomination of the solicitors and Ct
the Circuit Judges, subject to confrma-
ton by the Senate, and that they be
removed by the Governor for cause. Tie
personal acquaintance which these officers
have with the citizens in their respective
circuits, and their official intercourse
with the trial justices, would enable
them to make better selections for these
important offices than it is possible fof
the Governor to do. Until this year it
has been the practice TO appoint trial
justices for two years, and, upon the 4
occurrence of vacancy, to fill the Office
for the balance of the unexpired term.
In this way the terms of all trial justices
ended with the term of the Governor by
whom they were appointed. The Attor-
ney General has recently given the opin. :
ion that, under existing laws, trial justi-
ces, if confirmed by The Senate, hold
office for the full term of two years,
unless sooner removed according to law.
All appointments since this opinion was
given have been made in accordance
with this construction of the law.
K X x