The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-07-14
Class LEGISLATION.

The LdurensriHc Herald in reviewing the re-
cent charge OF Judge Aldrich to the grand
jury OF Itichund county, among other things,
says:
AS to the matter Of "class movement"
which the farmers movement hS been
charged with being, and which His Eonor re re,
! GcrS to, remotely perhaps, but cvidchty,a as the
cause of the unrest" now existing. we trust
he will permit US to inquire what was meant
by the following "Report of the C3nmlttee
on Judicial Adminstration and Remedial
Procedure" ut the meeting of the south Car
oina Bar Association, held in Col umbia. in
December, 1885, which was received us lnfor-
. formation: w
"Without assigning reasons, or submitting
details, this Committee respectfully RECON-
mend such constitutional and Statutory
amendments as will effect the following;
18th. Have the Judges of Probate appoint.
cd by the Governor, with the restriction that
no one nat prdcticing attorney shat Gc appoint
This may be all right, hut we "bcg leave to
diler." Perhaps mo one not q prncticing at
torney" should be chosen to the "ElSh Ju,
dicial Office Of Judge Of Probate, but would
it be right to take the privilege OF selecting
! such an officer from the people and give IL ttl
the Governor? Was no "class increment
attempted in this? Will some opponent OF
the farmers movement and vigilant defend
cr Of the legal professor answer the query, if
! His Honor will not?
Tho first recommendation Is moro o5Jec-
tionable than any other of the PROPOSITIONS
which is in these words:
| "Rcstorc the life tenure of the Justices and
Judges Of the Supreme and Circuit Crlrls
with the privilege Of retiring at the seventy
on half pay"
Without "assigning reasons" is good
enough. The true reason may never be as
signed, or If assigned, the Judge will never be
made an officer for life
We want no legalized arstocracy in South
Carolina. We want only the artstocracy
which comes from personal worth and merit
The Judges, If they arc worthy, can iI"ld thcil
Office for life. The law provides for their re
election. That Is enough in Democratic
country. There is no more need for life
tenure for Judge than there IS for q lifc.tcn
urc for Il Governor, or q Legislator, or a Pro
bate Judge, or q Trial Justice Suppose VIZ
make Il lifc-tcnure for trial justices sheriffs
clerks, trcasurers, auditors, mast ers, etc
There is Just as much reason in these propo
stions as there is in the proposition 10 give {
Judge his Office for life. The proposition is
in our opinion, ~ wrong to the people, and
we believe it will be long time before tho
! voters will consent to organize leS;tliZeu ar
istocracy in South Carolina.
Inc lnlrQ recommendation 10 ~ u'eiSS> SA
pcnditurc of money, the practical effect o
which would be to provide sinacure fol
some old Judge OF uristocratic prpcliritics
but who had not the money to keep rp ap
pearanccs Elect able healthy and compe
tent men to Office and there will be no ncet
for the adoption of this accommodation by the
: Bar Association:
"}rd. Add one to the present mum Der of Cir
Judges without increasing Lhe number Of cir
cults"
The fourth recommendation IS something
new and novel. The Circuit Judge could try
q case on the circuit, and then next year 81
on the Supreme Bench, to try the sitmc case
or else get somebody else to sit in his place
AS q matter Of course the Supreme Cour
would have delicacy III ovcrruiine; the Cir
cult Judge who was sitting with them. B,
this method the Circuit Judge might cXpcc
to be sustained. This would discourage ap
pcals but We sec no other good to result from
the change. However pure and incorrupti
bic the Court might be under the proposed ar
ranscmcnt, the confidence of the people
would be shaken in the Judiciary.