The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-12-25
SPEECH OF W. c. MCGOWAN, ESQ.
The Most Interesting Feature of the
Meeting of the Bar Association.
Abbeville Always Takes a High

The Most Interesting Feature OF the
Meeting of the Bar Association
Abbeville Always Takes a High
Stand.
Decidedly the most interesting feature in
the exercises of the late Bar Association
meeting in Columbia, with the exception pei :
haps of the Banquet, was the essay OF w. G.
MCGOWAN, Esq, of Abbeville. upon the sub
ject tissues from Chancery." To the uninilial.
ed this subject naturally would not attract
very great interest. By way Of explanation ii
may be remarked that under the old practice,
as under the new, when an equity case In
volved material question OF fact 1t has been
termination OF this matter of fact to q Jury
and this is what tissues from Chancery'
means. For all example, the mortgage
brings q suit to foreclose his mortgage, and
the mortgagor in his answer asserts that the
mortgage Is fraudulent-the Chancellor orders
an issue to be tried by the Jury whether there
be fraud in the transaction or not.
Mr.. MCGOWAN presented an able, well con-
sidered and fearless expression OF opinion up
on the abuses that had crept into the practice.
II has been the practice, and still is, Tor the
Presiding Judge when an equity case Is called
and an issue is 10 be referred 10 the Jury to
docket the cause also on Calendar l. and
when the case is called there 10 have the issue
determined. 1t frequently happens that the
issue Is referred by one Judge and tried by an
other. The verdict of the Jury is not conclu.
above complication 1t sometimes happens
that three Judges have a finger in the pie
one refers the issue, the next hears the issue
tried before the jury, and third passes upon
the issue after having been tried by the Jury.
Mr.. MCGOWAN called attention forclbly 10
these practices and recommended that the
Judge refer the issue Immediately TO O jury to
be heard before him, that the same Judge
court before him pass upon 1t after the Jury
have rendered their decision. He also recon-.
mended that the verdict of the Jury be con.
elusive of the issue referred to them-that as
acquainted with the parties and the witnesses
were better judges Of the question of fact than
the Presiding Judge, who is a stranger, and
that 1t was non-sensical to refer a matter to q
of the Judge" and then for him to pay no at.
tention to it, or at least not be bound by it
especially as the Chancellor has no right to
refer to the Jury unless he himself is. in
doubt.
With great effect he called attention to the
matter OF Appeals to the Supreme Court in
Equity cases. The Constitution provides that
the Supreme Court shall have Appellate Juris-
fact and matters of law. The invarlable rule
OF the Supreme Court has been not to reverse
the Circuit Judges finding of fact in an Equi-
" case unless there is no testimony ut all to
support it or unless 1t is against the manifest
weight of the evidence. He contended that
to establish all arbitrary, intlexble rule OF
this kind was against the very principles OF
Equity, namely, to relieve the infiexibility of
law rules and was not exercising that appel.
late function which was the duty OF the Su.
preme Court. He contended that in such
cases the Supreme Court should review care.
fully all questions OF law and fact, uninfiu.
enced by the opinions of the Circuit judges
that such course was the only true exercise
of Appellate Jurisdiction.
In the delivery of the essay, Mr.. MCGOWAN
had the undivided attention of the Associa-
tion, and at It's close a lively and interesting
discussion followed-partcipated in by Col. >.
P. Hamilton, Prof Joseph Donnie, Pope, Law,
Professor of the South Carolina University,
Hon. j. C. Sheppard, Geo. w. Graft, Esq, and
w. H. Parker, Esq.
On motion Of Gov. Sheppard, the paper was
referred to the Committee on Laws who was
instructed to prepare bill embodying the re-
concentrations of the essayiSt to be submit
ted to the Legislature.
In the debate Prof Pope eulogiZed Mr.. Pet
tigru-he said he was the greatest lawyer we
ever had and one OF the greatest this country
ever produced.
Gen. Youmans paid q glowing tribute to
Chancellor F. H. Wardlaw, as one OF the
brightest ornaments OF the S. G. Bench in her
palmiest days AS both OF these were sons of
Abbeville, as usual we felt proud OF our Coun-
ty.