The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1886-12-01

tiIlpESiiOItt iLe 'Diastt vi A1ey -|t1S N-N
ing days, OF: two months, tinle snticlen1
70 hold an average term OF tie Courts oi
IN entire Circuit. 1t is safe to say, that
onc-haif, on IN average, Of one day IL
every term IS consumed IL swearing VIZ
uc>Ses IN open Court who are 10 testify
before tue Grand Jury. This IS totally
unnecessary. \ Grand Jury may, either
on their own information, or that de-
rived from Other sources, make 4 pre-
sentiment, on when 81 NAY be pre-
parcel aat submitted by the prosecuting
officer. Why require witnesses, accom-
panied by the Grand jury, to so into
Court 70 Dc sworn by the Solicitor? II
was not until 1876 estate Us. hilcrease,
i 5. c ! that the Suprcme Comt decided
that witnesses examined before 4 Grand
Jury upon bill OF indictment must be
sworn IL open Court, although pre-
viously thereto such had been The prac-
tic2
/ recommend the passage OF an Act,
as has been &c. III several States, au-
tllorizing TIE Foreman OF the Grand
Jury, or Foreman pro tenn, IN the ab-
s&ncc Q: tic Foreman, to administer the
cath 20 Ill witnesses to be examined by
the Grand ,Iurv.
How shall the time be employed now
consumed in 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 It to the system OF practice
now prevailing. Tie Circuit Judge
should be authorized to take up 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 bc en-
pIoyed IL hearing aud deciding cases on
the summary process docket. The costs
in such cases should be reduced. In
stead OF go, equivalent to SS5.C, as
prescribed in the Act OF l76S, the Cir
G t Judge should be authorized to hear
=. determine without 3 jury, unless
demanded by either party. under certain
restrictions TO be prescribed, all 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 ad-
iournmcnt Of the Court Of Sessions, a
large proportion of the civil business
viii have been transacted.
Eminent authority in the Stale urgent
~ advise that IL this class of causes 40
appeal should be allowed to the Supreme
Court. .'or this practice We should have
precedent in the United States Courts
III w;iic:! 10 appeal 10 the supreme
Court is alloweti--unleSs involving :.
Constitutional qucstion-in cases inrclv-
ing less than tive thousand dollars. This
would greatly relieve the pressure upon
the Supreme Court, and would spare to
iitisants much delay and expense. This
question l submit for Your consideration.
The fee bill should be revised and
especially so as to limit the
number OF days for which costs may be
taxed for reference" before Masters and
neferecS.
The most fruitful scarce OF the delay,
ana the expense, that are incident to the
.inistration OF justice in the State is
the Trial Justice system.
No question has received . greater
share ot public attention, amt upon no
question IS there greater diversity or
opinion. Al admit that the system IS
defective; the difference arises upon the
OF q remedy.
In his last annual message to the
General Assembly, Governor Thompson
directed attention to this important mat
ter; he said ':the Trial Justice system,
which was intended to relieve the Cir
cult Court OF General Sessions by pro-
viding inferior Courts, IN which petty
ofenses could be tried readily and at d
small cost, has failed to fulfill the pur-
pose which It was designed to accom-
plish. Il IS proper, therefore, that l
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 provld-
ing for the prompt trial O. persons
charged with crime. and the speedy pun
ishment Of those who may be convicted.
But two modes suggest themselves
to ne by which this may be accom-
plished. These are the establishment OF
County Courts, or an increase IL the
number of Circuit Judges. Careful con-
siGcration Of this subject induces me to
believe that the latter mode IS best suised
to our wants.
concur il 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 I do rot think
an increase Of the number OF Judicial
Circuits IS necessary or advisable. An
inferior Court Of some description Is
The present system is
better and cheaper than County Courts;
but the present system should be modl-
fed in important features.
The Supreme Court has decided that
The Court OF Common Pleas has con-
current jurisdiction, under the Constl-
tuition, in civil cases cognizabie before
Justices OF the Peace; which being the
case, the civil jurisdiction Of Trial JUS
tees may be permitted to remain, as
parties may now, at tEeir option, pro-
ceed either in the Trial Justice Court OF
in tine Common Pleas.
Il 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 last fiscal
year, it appears that the amount IL
thirty-onc counties (threc counties were
omitted, no returns having been made},
p;t;d to Trial Justices and their consta-
blcs WAS SO, ,072. .00-eGual to Sl,4s6. l9
FOR each county. The bulk OF this en-
peusc was incprrcd in the Investigation