The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1886-12-03

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this subject induces me to believe that the
latter mode is best suited to our wants
concur in the Judgment of G overnor
} thompson, and endorse the reasons assigned
by him, that tho establishment of County
Courts will not remedy the evil complained d
OF; but do not think an increase of the
number of Judicial Circuits is necessary or
advisable. An inferior court of some de-
scrlption is Indispensable. The present
system Is better and cheaper than county
courts; but tho present system should be-
modified in important features.
The supreme court has decided thlt
the court of Common Pleas has concurrent
Jurisdiction, under the constitution, in civil
cases eccss :sabie before Justiees or the
feace which being the case, tho civil jur-
lsdlction Of trial justices may bo permitted
TO remain, as parties may now, at their
option, proceed either in the trial Justice
court or IN tho common pleas.
1t l. the criminal jurisdiction of trial
Justices that imposes great annoyance upon
the people and great expense upon the
counties From the report of the Comp
trollcr general for the last fiscal wear, it ar
pears that the amount in thir.y-oue coun.
ties hree counties were omitted, no re-
turns having been made,) paid to trial JUS
tlce and their cou,tables was S46O,72 90
equal to 81 ,4S6.l9 for each county.
The bulk Of this expense was incurred in
the investigation of petit larcenies and
simple assaults.
Under no circumstances should a trial
justice have jurisdiction in cases of larceny,
for no court Of less dignity than court of
record should be authorized to deprive a
citizen of two of the most highly valued
franchises of citizenship to wit : the right
OF voting aud the right Of tcstilying in
court.
Nor would the justice of the country
seriously suffer, if the number of simple
assaults investigated by trial Justices should
be greatly diminished for number of
these prosecutions are instituted for some
other purpose than the punis, s,lmcnt of a
public wrong, or the vindcation Of the
public justice.
In my judgment much of the trouble
now experienced on account OF the trial
Justice system will be relieved by dividing
the trial justices iuto Judicial and Minisle-
iial justices, both should have civil juris-
diction as now prescribed by law.
There should bc one judicial trial Justice
for each county, to be located at the court
house he should be PAID reasonable sal
| ary, and should not BE- allowed costs or
fees in criminal cases, be should have
| criminal jurisdiction rs nJw provided BY
law, excepting eases Of petit larceny; he
should be required - hear and determine
all cases sert to Ia. ~ the Mipisterial
Trial Justice
Ministerial Trial Justices in criminal
matters should have the jurisdiction only
Of Committing Magistrates > that is to say,
they should have authority to issue war.
rants, cause arrests to be made, investigate
ofenses, and commit, or bind over for trial :;
If upon investigation they find tho matter
to be without the jurisdiction of the court
of Sessions, they should be required to
forward tho record to the judicial trial JUS
tice. Thus can be accomplished the pur-
poses of county court without incurring
the expense incident thereto.
This is the most important subject, and
commend it to your attention, in the con-
fdcnt assurance that it will receive the
| careful consideration which its importance
demands, aud that tho proper remedies will
\ be provided for those evils which are now
the cause of great and just complaint.
1t may not be irrelevant in this conncc-
ton to refer to the expense incurred an
uualy by the counties in the transportation
of convicts to the pcnitentiary; the coun.
ties do not receive any portion Of the income
| derived from the labor Of convicts, and
should bear no part Of the expense of
their delivery to the pcntcntiary Besides,
the Superintendent, with its regularly cm-
ployed and experienced guard force. can
very much more ch caply convey prisoners
to the Penitentary than can the Shoritfs.
Iapple1 to each board of county COM
missiouers in the State for n statement of
| the expense incurred in transporting pris.
oners to The Pcnitentiary. thus ascer-
tanned tiaat it cost one courty S32. so for
each and every convict delivered to the
Penitcntiary, aggrcgating in that county
nearly 81, 400 \ careful estimate of the
necessary cost Of delivering from the same
county showed that the prisoners could have
been delivered for 1892 80. From an
other county the expense thus incurred
amounted to $40 90 for clch convict ; and
In another county said expense amounted
to S51.39 for each convict This is a
great wrong upon taxpayers, and should be
remedied.
recommend the passage Of an act re-
quiring the clerks Of the courts, upon the
adjournment of The courts Of sessions, to
notify the Superintendent Of the Penitcn
tiary of the number of persons sentenced
to imprisonment iu the peuitcntiary, and
requiring the Superintendent to provide
for their transportation.
| REVENUE BOND SCRIPT.
The Supreme Court of the United States in
May last reversed the decrees of the Circui,
| Court of the United States which sustained tn Q
validity of the Revenue Bond Script, issued