Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-12-03
NO. 49,.

would be adequate to relieve the Courts OF
General Sessions of the trial of offences OF
this class. Apart from these doubts there
these objections are: Their cost, even as
compared with such an increase in the num-
ber of Circuit Judges as will be sufficient for
the purposes in view; the fact that the
number of appeals from the County Courts
will be so large as to crowd unduly the dock
cts of the Courts of Sessions, and the in
creased demands of jury duty upon that
class of citizens whose services as jurors are
essential to the impartial administration OF
justice. The Circuit Court undoubtedly has
Jurisdiction of all crimes. 1t has the power
to command and enforce respect. The
learning, ability and character of its Judges
furnish guarantee against abuse of power
which no inferior Court can give, and the
increase in the number of its Judges neces-
sary to insure the prompt administration OF
justice will cost less than any efficient sys-
tenn of County Courts.
I commend this subject to the attention of
the General Assembly in the confident as
surance that it will receive the careful con-
sideratioa which its importance demands.
and that proper remedies will be provided
for those evils which are now justly the
cause of complaint. If the General Assem-
bly, should deem it best to retain the pres
ent trial justice system, would recon-
mend that the law be so amended as to
provide for the payment of stated salaries
to all trial justices, and that they be not al
lowed costs in criminal cases. Some of the
trial justices now receive salaries, but in
all instances in which they are not COM
pensated for their services their fees de-
pend upon the number of cases which they
hear, and sometimes, practically, upon the
decisions which they render. The tempta-
tion thus held out to incite litigation and
to decide wrongfully has contributed in
large measure to the evils of the system,
in which, as too often happens, the officer
is wanting in the character, ability, learn
ing and professional pride and training
which should mark those who sit as judg--
es in questions involving the rights and
liberties of their fellow citizens. The trial
Justice should be conservator 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 reduc-
ed. I would further suggest as worthy OF
consideration, that trial justices be appoint
ed by the Governor on the nomination OF
the solicitors and of the Circuit Judges, sub
iect to confirmation by the Senate and that
The personal acquaintance which these ottl-
GERS have with the citizens in their respect
i've circuits, and their official intercourse
with the trial justices, would enable them
to make better selections for these impor-
tant offices than it is possible for the Gov
ernor to do. Until this year it has been the
practice to appoint trial justices for two
years, and, upon the occurrence OF vacan-
cy, 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
The attorney.general has recently given the
opinion that, under existing laws, trial
Justices, if confirmed by the Senate, hold
office for the full term of two years, unless
sooner removed according to law. All ap-
pointments since this opinion was given
have been made in accordance with this
construction of the law.
CENSUS.
In my Message at the beginning of the
last session the attention of the General
Assembly was called to the fact that Arti-
Gle II, Section 4, of the Constitution pro-
yides that the enumeration of the inhabi-
tants of the State for the purpose OF tho
apportionment of the Representatives be
made in the year 1875 and in the course of
every tenth year thereafter, and it was re-
commended that such appropriation be
made as might be necessary for such emu
meraton. The General Assembly made
no appropriation for the taking OF this
enumeration. Article II, Section 3, or the
Constitution provides that "if the enumera-
ton herein directed shall not be made in
the course of the year appointed for the
purpose, it shall be the duty of the Govern
or to have it effected as soon thereafter as
shall be practicable"
| desired, if possible, to discharge the
duty imposed upon the Governor by the
sections of the Constitution referred to in
such manner as to enable the State to OBJ
tain the benefit of the fund which, according
to an Act of Congress, the General Govern
ment would contribute towards defraying
the expenses of taking census, upon com.
pliance by the State with the provisions OF
the Act of Congress, but being in douot 5 las as
to my powers and duties, l requested the
attorney general to advise me whether
could order the making of the enumeration,
there being no appropriation for that pur-
pose. .,,
The encouragement advised me "that
such enumeration cannot under existing
laws be made in advance of an approprla-
ton by the General Assembly to defray the
expenses. The Constitution imposes upon
the Governor the duty of having. this
enumeration made, and recommend that
such sum be appropriated as may be neces-
sary for this purpose.
PARDONs AND CONSULTATIONS.
In obedience to the requirements of law,
I submit herewith statement of the par
dons and commutations granted by me du-
ring the last Pear, and the reasons therefor.
In conclusion, invoke your attention to
the responsible duties for which you are
now assembled, with the sincere wish and
the confident hope that your labors may be
best interests of the people.
HUGH S. THOMPSON.
DoN'T FORGET HER.-More than halfthe
population of all our great cities is of the
! r..t:,,;,,o o.o,dar A onto hucipocc nan in