Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-12-01
State Affairs.
THE GOVERNORS MESSAGE.

THE GOVERNORS MESSAGE.
The message of Governor Sheppard, pre-
sented to the General Assembly last We'd
nesday, is lengthy paper, containing an
exhaustive review Of the condition of State
public affairs. From the Comptroller Cen
erals report he places the whole of the
valid State debt at Sc, ,522, l1l.57, and in sug-
gesting measures for the retiring of certain
portions of the bonded debt, he says, 1.-THE
credit of the State is now good and nothing
should be done by which it may be I'M
paired"
Considerable space is devoted to the sub
ject of the assessment of property and the
collection of taxes. Deficiencies in the
present mode of assessing real and personal
property throughout the State are pointed
out, and remedies by proper legislation sug
gested. He also recommends the passage
of an Act that will authorize and empower
the sinking fund commission to obtain pos
session of all lands forfeited to the State by
non-payment of taxes.
He next reviews the administration of
Justice in the Courts of the State" and while
he recommends no fundamental change IN
the system as necessary to effect substan-
tial Improvement, he suggests few changes
in the method of conducting business IN
Court, which will greatly facilitate dis
patch and correspondingly reduce expenses.
These recommendations are: The passage
of an Act authorizing the foreman or the
foreman pro tena., in the absence of the fore
man, to administer the oath to all witness
es to be examined by the grand jury, in
stead of the present system OF consuming
half the opening day of each term in swear
ing such witnesses din open Courts" to re.
store the summary process jurisdiction OF
the Circuit Court, with such modification as
to form of procedure as may be necessary to
conform it to the system of practice now
prevailing. "Thus while the grand jury IS
engaged in the examination of bills, the
Court will be employed in hearing and de-
Gliding cases on the summary process docket.
The costs in such cases should be reduced.
Instead of EGO, equivalent to $85.T, as pre-
scribed in the act of 176S, the Circuit Judge
should be authorized to hear and determine
without a Jury, unless demanded by either
party, under certain restrictions to be pre-.
scribed, all civil actions at law involving
not more than two hundred dollars, includ-
ing appeals in civil actions from Trial JUS
tice Courts. Thus by the time of the ad-
iournment of the Court of Sessions, a large
proportion of the civil business will have
been transacted" He also suggests that IN
this class of cases there should be no ap-
peal allowed to the Supreme Court. He
also recommends the revision of the fee
bill, especially as to limit the number
of days for which costs may be- taxed Tor
Preference" before masters and referees.
On the subject of the Trial Justice system,
he thinks the system now in operation IN
this State is better and cheaper than would
be system of County Courts; but the pres
ent system should he modified in import
ant features. The notifications proposed
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 citizen of two of the most high
ly valued franchises of citizenship, to wit {:
the right of voting and the right of testify
ing 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 punishment of a
public wrong or the vindication of the pub
lie justice. In my judgment much OF the
trouble now experienced on account OF the
trial Justice system will be relieved by di-
viding the trial justices into judicial ana
ministerial trial justices. Both should have
CIVIL JuTlSulCllOu as uOW PiCoCAAoSu ~ 80"
There should be one judicial trial justice
tor each county, to be located at the Court
house he should be paid reasonable sala-
ry, and should not be allowed costs and
fees in criminal cases; he should have GRIM
inal jurisdiction as now provided by law,
excepting cases of petit larceny; he should
be required to shear and determine" all
cases. sent to him by the ministerial trial
justices: Ministerial trial justices in GRIN
inal matters should have the jurisdiction
only Of "committing magistrates" that IS
to say, they should have authority to issue
warrants, cause arrests to be made, investi-
gate offences, and commit or bind over for
trial; if upon investigation they find the
matter to be without the jurisdiction of the
Court of Sessions, they should be required
to forward the record to the judicial trial
Justice. Thus can be accomplished the pur-
noses of County Court without ineurring
the expenses incident thereto" In this con.
nection he refers to the expense incurred
annually by the counties in the transporta-
ton of convicts to the penitentiary, and
recommends the passage of al Act requlr-
ing the clerks of the Courts, upon the ad-
iournment of the Courts of Sessions, to noti-
fy the superintendent of the Penitentiary OF
the number of persons sentenced to impris-
onment in the Penitentiary, and requiring
the superintendent to provide for their
transportation.
The facts of the decision of the U. S.
Supreme Court, sustaining the validity of
the revenue bond script and the import
ance to the State of that decision, are set
forth at length.
On the subject of public education he says:
"The annual report Of the superintendent
of education shows continued development
of the public school system. Notwithstand-
ing the depression naturally consequent
upon several successive years of unremuner-
alive crops, there has been evident inn
work, except in the average length of the
session, which is the same as the previous
wear. The enrolment of pupils in the pub
lie schools amounted to 1873, 1866, an increase
of 5,943 over the previous year. The aver
age attendance reached 126, ,696, all increase
of: ,6O3. This increase both in enrolment
and in attendance reached, being wholly
among the white pupils, clearly indicates
that the white citizens of the State are
taking more interest in the schools than ever
before.
''Through the combined influence of ex-
aminations and normal institute instruction
the effective power and professional pride
of the teachers have been much stimula-
ted and improved. No better evidence of
this is needed than the fact shown in the
report that, notwithstanding their meagre
salaries, and without compulsion, l,l5S of
the teachers were willing to give up their
vacation and incur the expenses of travel
and board in order to attend the instruc-
tions given at the State or county institutes
during the past summer.
"The agency which the Peabody educa-
t;onaI fund has had in the great work of
popular education in this State, and the
Spontaneous enlargement of its liberality
for the ensuing year will, trust, receive