The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1885-07-09

cultured and thoroughly conscIcntlous
gentleman and an uiMompromising loyal
Democrat, He has filled the position oi
Attorney General for the past four yearr
with distinguished ability, and will
doubtless have many warm aud en.husi
astic supporters for reelection.
THE CURE woItsf THAN THE EVIL
In au nrticle, headed "The Laws
Delay" the News and Courier says:
SIN the NORTH american Rccicw for
April, 1885, Chief Justice Hargis dis.
cusses this wcllworn topic. The article
itnelf is mainly an animadversion q
repetition of the reproaches and charges
which are daily made md repeated
The causes Of the laws delay, he says,
nrc demngogism, untaught and selfish
Legislators, lobbying, q poor judiciary,
corrupt and ignorant jurymen, the bulk
and, therefore, tho uncertainty Of the
law. All this may be 30, but the evils
Judge Hargis names nre evils to be cor.
rectcd. The Legitimate conclusion, from
is an inevitable evil, like original sin,
that can only he cured when the body
polite is itself thoroughly purified and
made rsgenerate.
"Assuming uncertainty TO be an ineyi.
table evil, how can the delay resulting
therefrom be practically reduced to q
minimum The evident answer is !:
first, by having questions finally decided
as speedily as possible. When the first
heat of controversy is in the minds Of
the parties they arc best prepared to 60
TO trial, and the moro speedy the decision
the sooner are the Ill feelings consequent
on litigation burie.. and forgotten.
When cause once takes the form of a
lawsuit, and drags It's slow length along,
it gets cold, as it were. Both the parties
and their attorneys dislike to take it up,
and to prepare, time and time again, for
trial, only to encounter postponement,
until the hcartsick litigant cannot can.
not contain his reproaches for the laws
delay
GAS it now stands III this State, in q
majority of the counties there are but
two terms in the year at which civil
jury cases can be tried. AS a practical
fact, every lawyer knows that case can
be and is continued by ono side or the
other at the first term; but the clients
have to be prepared lest, by some mishap,
they should be forced to trial. Indeed,
out Of the average of civil cases in the
State the great mass never come to trial
until they have been in litigation for
over year. Meanwhile, both attorney
and client on one side or the other have
had to prepare and re.prepare until the
client, at least, becomes sick of the whole
thing. Then comes the appeal. There
is delay of six menths before the case
is heard by tho Supreme Court of the
State, and then Of three or four months
more before the Court decides. In the
case of The. United States Supreme Court,
ills from three to four years from the
time Of an appeal before the appeal eau
be heard.
t'The remedy, so far as tho mere ma.
chinery Of justice is concerned, is to
have more terms of Court. For this In
South Carolina an increase in the num-
ber Of Judges. and q large increase, Is
necessary. Inasmuch % jurors dislike
to be dragged from their work 70 try
cases, the class Of civil causes requiring
juries should be reduced. There is not
the slightest reason why the large class
Of civil cases not involving fraud should
not be tried by one or moro Judges with.
out jury and certainly the absurd
and illogical rule that creates so many
mfstrials and delays. viz, that there shall
be tho Unanimous concurrence OF the
jury, should be abolished in civil cases
Continuances should be moro rarely
allowed. Let 1t be an understood thing
that o cause will be tried at the first
term. save upon the strongest kind OF
showing; and enforce penalty for dc
lay, although both parties be willing.
"The Supreme Court must sit oftener,
ard If the Court as it stands would be
oVerWofked there Is necessary such an
increase in the number Of Judges. such
q change In the form, IA will allow d.
visions Of the Court to decide ultimately
on different classes of cases. And fur.
thermore there needs to be change In
the methods Of the bar.
If our contemporary had attended the
Courts and watched the administration
Of justice in this State with that close
ness with which o practicing attorney is
compelled TO do, we Imagine that differ
ent Impressions would have been made
upon it 10 reference to judicial proceed.
ings in !; this State. If we had eight
Circuit Judges Ike Judge T ,essley and
others nov upon the bench learned in
the Law, diligent in work and ready in
deciding--thsre would bo no complaint of
crowded dockets Id South Carolina. The
trouble comes from the fact that there
are one OF two Judges who have neither.
the physical nor mental calibrs to dis
clnrHa The duties Df their OIice and