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

written, the laws delay has been by
word and reproach, source ofanxiety an,
unhappiness, cause of mental distress
and inancial disaster, and an obstruction [,
the Development of the science Of law
Rules Of law and statutes should accord
with common sense, and should result
when pat in practice, in rapid but no,
hasty or ill-couisdercd, settlement ol
forensic disputes
Delay is iusoparable from, if not indispen
sable to, the patient and orderly administra
tion OF JUSTICE but when tho delay becomes
SO serious that the business community has
become reluctant to resort to the Courts Ia
secure tho enforcement of contracts, and
men arp driven to. methods of adjustment
without the aid Of Courts suspicion is
aroused, either that evil inheres in the
system in operation, or that the method OF
its administration is defective.
Judge Kcrshaw said, in addressing tho
Grand Jury, at a late term of Court in
Orangeburge Il have frequently, in nv
remarks to the Graud Jurics, taken occa.
sion to comment on the fact that we, in
South Carolina, very probably have the
most expensive system of dispensing JUS
ticc in the world
No fundamental change in the system
now existing is necessary to effect sub.
Stantial improvement. a few changes in
the method Of conducting business in Court
will greatly facilitate dispatch and greatly
reduce expenses.
In the State there are thrty-four Coun-
ties. Three terms in each County give a
hundred and two opening days in the
State. The loss OF onc-half of each first
day is tho loss annually throughout the
State of fifty-onc working days, or two
months, time sufficient to hold an average
term OF the Courts Of an entire Circuit.
lt is safe to say, that one. half, on an aver
age, OF one day in every term is consumed
III swearing witnesses in open Court whS arc
to testify before the Grand Jury This is
totally Unnecessary. a Graud Jury may,
either on their own information, or that
derived from other sources make present
ment, on which a bill may oe prepared aud
submitted by the prosecuting officer. Why
require witnesses, accompanied by the Grand
Jury, to so into Court to be sworn by the
Solicitor? 1t was not until 1876 (.State
Is. Kilcrease, S. G y that the Supreme
Court decided that witnesses examin, I'd
before Grand Jury upon bill OF iudict-
mcnt must be sworn in open Court al
though previously thereto such had been
the practice.
recommend the passage efsap Act, as
III hss@ Goneih sevssal States, cuthoriz
lag tho Foreman of the Grad Jury, or
Foreman pro tem., in the absence OF the
Foreman, TO administer the oath to all wit
nesseS to DO examined by the G..Aad Jury
-, How shall the time DO cmploycd now
consumed in swearing witnesses
recommend the restoration Of the sun :
mary process jurisdiction Of tho Circuit
Cart with such notifications as to form
of procedure, as may be necessary to CON
form it to the system of practice now pre-
pailing. The Circuit Judge should be
authorized to take up the summary process
calendar during tho sitting of the court of
Sessions. Thus, while the Grand Jury is
engaged in the examination of bills, the
court will be employed in heariag
and deciding cases. on the summary
process docket. The. costs. in such
cases should be reduced. Instead of G20.
equivalent to SS5. II ,as prescribed in the
Aes of l76S, tho circuiss Judge should be
hath1rized TO hear and determine without d
jury, unless demanded by either party,
under certain restrictions to be prescribed,
al. civil actions at law involving not more
than two hundred dollars, including appeals
in civil actions from Trial Justice Courts.
Thus, by the time Of the adjournment of
the court of Sessions, large proportion Of
business will have been transacted.
Eminent authority iu the State urgently
advise that in this class of causes no appeal
should be allowed to the Supreme court
For this practice we should have precedent
III the United States courts-in which no
appeal to the supreme court is allowed,
unless involving Constitutional question
III cases involving less than FIVE thousand
dollars. This would greatly relieve the
pressure upon the supreme court, and
would spare to litigants much delay aud ex-
pense. The question | submit for your
consideration
The fec bill should be revised anil
amended, especially so rs to limit the num-
Der OF days for which costs may be taxed
for reference before Masters and Referees
The most fruitful source of the delay, and
the expense, that are incident to the ad-
ministration of justice in the State is the
Trial Justice system.
No qustion has received greater share
Of public attention, aud upon no question
is there greater diversity of opinion. All
admit that the system is defective the
difference arises upon the suggestion of a
rcmcSy.
In his last Annual Message to the Gen
cral Assembly, Governor Thompson
directed attention to this important matter.
lie said The Trial Justice system, which
was intended to relieve the circuit court of
general sessions, by providing inferior
courts, in which petty offennses could be
tried roauiy and at small cost, has failed
to fulfill the purpson which it was designed