The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-11-24

q Commission to consider and report plan
TO simplify the mode Of assessing and collect
ing tng Of the Stsae and al"
These gentlemen recommended proceed"
Ing IN rem against the zeal property taxed
und decree OF Court and sale hereunder by all
heartily concur In the view expressed by
the Commission, and recommend the enact"
mcnt of law to carry IL into effect. Hard"
ships may be experienced until our people be.
come familiar with the change but In shorc
time there will be very few sales Of land fCr
the nOn.paymcnt of taxes.
If these recommendations should receive
your approval, and you should enact law TO
make them operative, see no reason why
the duties Of Auditor and Treasurer should
not be performed by the same person. This
question submit for your ,reful considcra-
tion and determination.
am unwilling to pass by the important
subject without directing your attention t.
the alnrmingly large record of forfeited lands.
These lands yield, practically, no revenue to
the State, and the enjoyment of them by for
n. .er owners is practically undisiurhed.
lfthe former owner desires 10 redeem, lie Is
permitted to do SO by paving tie taxes, pen
alties and costs accrued, without reference 10
the claims Of cities and towns for municipal
taxes.
For this great and growing evil an effective
and vigorous remedy should be provided.
recommend the passage OF mn AcL that will
authorize and empower the Sinking Fund
Commission to obtain possession or all such
l1nuS In no eNSI.G SlCulu De H.
lowed, except upon payment OF Nil taxes,
penalties and costs due to the State, County
and municipality.
The Report Of the Sinking Fund Commits
this subject, to which invite your attention.
The Courts.
No less important-not much less difficult
lis the matter OF the administration OF JUS.
ticc In the Courts Of the State.
Before and since Hamlet's Solilonuy was
written, the laws delay has been by.word
and rcproach, Il source Of anxiety and unhap-
pincss, cause of mental distress and tinan-
cial disaster, and an obstruction to the devcl-
opment of the science of law. Rules Of law
and statutes should accord with common
sense, and should result, when put in .prac
ticc, in rapid. but not lusty or ill-conSidered,
settlement of forensic disputes.
Delay Is lnseparabie trom,. If not indispen-
sable 10, the patient and orderly administi
tion of Justice; but when the delay Incomes
so serious that the business community has
become reluctant to resort to the Courts 10
secure the enforcement OF contracts. and men
are driven to methods OF adjustment without
the aid of Courts" suspicion is around, either
that evil inhereS in the system In operation,
or that the method of Its administration Is
defective.
Grand Jury, at a late term Of Court In Orange
burg: II have frequently, In my remarka to
the Grand Juries, taken occasion to comment
on the fact that we, in South Carolina, very
dispensing justice in the world"
No fundamental change In the system now
existing Is necessary to effect substantial i'm.
provement. A few changes In the method OF
conducting business in Court will greatly
facilitate dispatch and greatly reduce ex-
penScS.
Three terms In each County give & nundred n,f,d
loss of one-half OF each first day is the loss
annually throughout the State OF tllty-onee
working days, or two months. time saftfcient
10 hold an average term OF the Courts OF an
entire Circuit. 1t is safe to say, that one-haif.
on an average, Of one day in every term Is
consuised in swearing witnesses In open
Court who are to testify before the Grand
Jury may, either Oh their own Information,
! or that derived from other sources, make q
i prescntment, on which q bill. may be prepar-
cd and submitted by the prosecuting officer.
Why reouire witnesses, accompanied by the
Grand Jury. to go into Court 70 he sworn l'y
the Solicitor? 1t was not until 1876 (Sidte VS..
Eilcrcuse, $. Co. that the Supreme Court de.
J cided that "witnesseS examined before q
Grand Jury uron bill OF indictment must
be sworn in open Court although previously
thereto such had been the practice
I recommend the passage OF an Act, as has
been done in several States authorizing the
Foreman Of the Grand Jury. or Foreman pre-
hm., In the absence OF the Foreman, TO ad.
minister the oath to all witnesses 10 be ex.
anlined by the Grand Jury.
How shall the time be employed now con-
Suncd in swearing witnesses?
| | recommend the restoration Of the sum-
mary process jurisdiction OF the Circuit Cour,
with such notifications as to form OF pr0ce.
durc, as may be necessary to confurm 1t 10
the system of practice now prevailing. The
Circuit Judge should be authorized TO take up
the summary process calendar during the 81.
ting OF the Court OF Sessions. Thus, white
hie Grand Jury Is engaged In the eNarnina-
ton of bills, the Court will be employed III
hearing and deciding cases on the summary
| 70 In Nf,h
Should be reduced. In stead Of 80, eQalva.
lent TO S:57l, as prccribcd In the Act of 1853,
the Circuit Judge sho aid be authorized 10
hear and determine without jury, unless de-
| manucd by citcr party, under certain reStric.
tions to bc prescribed, all civil actions OF law
involving not more than two hundred dollars
including appeals in civil actions from Trial
Justice Courts. Thus, by the time OF the ad'
| Iournmcnt of the Court Of Sessions, a large
proportion OF the civil business Will have
! been transacted,
Eminent authority in the state urgently
advise that in this class Of causes no appeal
| should be allowed to the Supreme Court. Fol
this practice we should have precedent In the
| United States Cuurls-in which no appeal tG
the Supreme Court Is allowed-unleSS inrolv'
ing n Constitutional qucSti0n,iii cases IN
volving less than five thousand dollars. This
would greatly relieve the pressure upon the
supreme Court, and would spare to litigants
much delay and expense. This question
submit for your consideration.
especially 80 as to limit the number OF days
for which costs may be taxed Tor "referencc
| before Masters and Referees.
! The most fruitful source Of the delay, anu
the expense, that are incident 10 the admins
traiiun OF justice III the Stale IL the Trial JUS
lice system.
No question has received a greater sbnrc Of
public attention, and upon no question is
| there greater diversity of opinion. All adj
nit that the system is detective; the differ.
ence arise upon the suggestion OF remedy.
In lis last Annual Message to the General
Assembly, Governor Thompson directed al:
tention 10 this important matter; he SAID
'thc Trial Justice system, which was intend.
cd to relieve the Circuit Court Of General
sessions by providing inferior Courts, in IN
and Mt IL small cost, has failed to fulfill the
purpose which it was designed 10 accomplish.
II Is proper, therefore, that recoinmend, 1or
the consideration OF the General Assembly,
such amendments to the law as seem most
likely to give relief to the Courts OF Sessions,
while providing for the prompt trial OF per
SONS charged with crime. and the speedy
punishment Of those who may be convicted.
Bat two modes suggest themselves TO me
by which this may Ge accomplished. These
are the establishment OF County Courts, or an
increase In the number of Circuit JucSe.
Careful consideration Of This subject induces
me 10 bclivc tidal the latter mode is best suit-
ed to our wants.
l concur in the judgment Of Governor
Thompson, and endorse the reasons assigned
Ivy him, that the establishment oil County
Courts will not remedy the evil complained
of; but do not think an increase OF the mum.
Der Of judicial Circuits is necessary or AT VS.
able An inferior Court Of some description
is Indispensable. The present system. Is bet
terlund cheaper than County Courts; but the
present system should be modified in impor-
tant features.
The supreme Court has decided that "rhe
Court OF Common Pleas has concurrent jurls-
dlct!un, under the Constitution, in civil cHses
cupniZible before Justice OF the I. z, ace;'
which being the case, the civil jurisdicti ion of
Trial Justice may be permitted 10 remain. rs
nnrlipS nnY NOW at their Optlon, proceed