The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1886-12-02

counties. Three terms i'll each county
give hundred md two "Opening days
in the State. The loss of one-half o.
each first day is the loss annually
throughout the State of fifty-one work
ing days, or two months, time sufficient
20 hold an average term Of the Courts oj
an entire Circuit. 1t is safe to say, that
ono-half, on an average, Of one day in
evory term is consumed in swearing wit
ncsses in open Court who are to testify
before the Grand Jury. This is totally
unnecessary. A Grand Jury may; either
on their own information, or that de-
rived from other sources, make O pre-
sentiment, on which q bill may be pre-
pared and submitted by the prosecuting
oliiccr Why require witnesses, accom-
panied 10y the Grand Jury, to 90 into
| Court to be sworn by the Solicitor? II
was not until 1876 (Statc VS.. kilcrcasc
& 5. G ) that the Supreme Court decided
! that "witncsses examined before Grand
Jury upon bill Of indictment must be
| sworn i'll open Court," although prc
vlously thereto such had been the prac-
| tice.
recommend the passage Of an Act,
as has been done in several States, an
Ghorlzlng the Foreman of the Grand
jury, or Foreman pro tcm., in the alb
scncc OF the Foreman, to administer the
oath to all witnesses to be examined by
tho Grand Jury.
How shall the time be employed now
consumed III swearing witnesses?
L recommend the restoration of the
summary process jurisdiction Of the Cir~
cult Court-with such notifications as
to form OF procedure, as may be necessary
to conform 1T to the system OF practice
now prevailing. The Circuit judge
should be authorized to take ND the
summary process calendar during the
sitting Of the Court Of Sessions. Thus,
while the Grand is engaged III the ex
animation of bills, the Court be en-
ploycd i'll hearing and deciding cases on
the summary process docket The costs
IN such cases should be reduced. In
stead OF G2O, equivalent to $8J.71, as
prescribed III the Act Of 17GS, the Cir
cut Judge should be authorized to hear
and dctcrmiI c without jury, unless
demanded by either party, under certain
restrictions TO be prescribed, al civil
actions at law involving not moro than
two hundred dollars, Including appeals
i'll civil actions from Trial Justice
Courts Thus, by the time Of the ad-
Journmcnt Of the Court Of Sessions, Il
will have been transacted.
Eminent authority in the State urgent
ly advise that in this class of causes no
appeal should be allowed to the Supreme
Court. For this practice we should have
precedent i'll the United States Courts
III which no appeal to the Supreme
Court IS allOwcd-unlcss involving a
Constitutional qIcstion-iu cases inv0lv-
ing less than five thousand dollars This
! would greatly relieve the pressure upon
the NWprcmC Court, and would spare to
ll'lSantS much delay and expense. This
| qicotlon submit Tor your consideration.
The Zee bill should be revised and
amended, especially so rs to limit the
number OF days for which costs may be
taxed Tor reference" before Masters and
Referees.
The most fruitful source Of the delay.
and the expense, that arc incident to the
administration of Justice in the State is
the Trial Justice system.
No question has received a greater
share OF public attention, and unon no
question is there greater diversity of
opinion. All admit that the s.stcm is
detective; the difference arises Iipon the
suggestion Of remedy.
In his last annual message to the
General Assembly, Governor THOMPSON
directed attention to this important mat
ter; he said "thc Trial Justice system.
winch was intended to relieve The Cir
cut Court Of General Sessions by pro
vldlng inferior Courts, in which pctty
otlcnSes could be tried readily and at u
small cost, has failed to fulfill the pur-
pose which it was designed to accom-
pllsh. 1t is proper, therefore, that !
recommend, for the consideration of the
General Assembly, such amendments to
the law as seem most likely to give relief
to the Courts of Sessions, while provid-
ing Tor the prompt trial of persons
charged with crime, and the speedy pun
lshmcnt OF those who may be convicted.
But two modes suggest themselves
to me by which this may be accom-
pIishcd. These are the establishment of
County Courts, or an increase in the
number OF Circuit Judges. Careful con-
Sldcration OF this subject induces me to
believe that the latter mode is best suited
to our wants."
concur i'll the Judgment of Governor
thompson, and endorse the reasons as
signed by him. that the establishment
OF County Courts will not remedy the
evil complained Of; but do not think
''Ii INV SttSS VI VIC nullDof Oh judicial
Clrc'!lts IS necessary or advisable. An
inierlor Court Of some description is
indispensable. The present system is
better and cheaper than County Courts;
bnt the present system should be modi-
he'd III important features.
The Supreme Court has decided that
"Thc Court of Common Pleas has CON
current jurisdiction, under the Consti.
tuition, III civil cases cognizablo before
Justices of the Peace; which being the
case, the civil jurisdiction of Trial JUS
ticos may be permitted to remain, as
parties may now, at their option, pro-
coed either in the Trial Justice Court or
| in the Common Pleas.
If is the criminal jurisdiction of Trial
Justices that imposes great annoyance
upon the people and great expense upon
the counties. From the report of the
Comptroller General for the lust fiscal
year, it appears that the amount in
thirty-One counties (threc counties were
omitted, no returns having been made),
| Maid tp iIriol IncIirCu op1 IbDi,, fo