The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1891-11-26

OF Supervisor. It appears necessary to pro-
vide ut once for reopening the registration
10 vote an opportunity to get legal certificates
in time for the municipal election, wnich
comes of December Sth proximo
And while mentioning this matter OF illegal
registration. would call attention 10 the lhct
that in several Counties. as am informed.
large number OF certificates bearing date Jniy
:, 1890, were Issued iruuduienty after the
books closed last July, and reeommeno ine
bearing TINT date illegal In the Counties OF
RIchland, Fairfield, Sumter and Berkeley.
The Criminal Law.
Innate connection with the Penltentiary, and
the matter Of pardons being also source OF
constant labor and worry, have had my at-
tention directed 10 certain defects In the Grim.
inal law, 10 which ask your attention. "The
laws delay has been matter Of complaint
for cen tut les. and there have been OF late so
many instances Of The failure OF justice TO
punish the most flagrant crimes, and. II at al,
exhausted, TINT cannot too strongly Impress
upon the Legislature the necessity OF some
/ changes. Continuances are granted upon the
slightest preieXt. Appeals are taken upon 20
pretext ut all sometimes, and crime. when
backed by money, appears TO override or
break through the meshes OF the law with
Impunity, that IT Is no wonder tnat our ci.il .,
zens have at times forgotten themselves ana
taken the law into their own hands.
| give as Instances OF justice long held at
bay the Turner and Sem cases IN spartan
burg the JnmeS cNse in Darlington anu tne
Jones case in Edgetlld.
One remedy which I desire to suggest is,
that the Juries, which have every reason to
fixed" beforehand, shall be drawn In open
Court for the next term. after the Judge In
person shall have examined the boxes and
seen that everything is correct, .eo
In the prosecution of criminal cases inc so
Iicitor Is always at disadvantage. he liz OIL
ten confronted by che ablest lawyers at the
bar, who live in the County, and are &C.
these difficulties are frequently overcome and
verdicts obtained IL spite OF them.
The main reason why so many crimes go
"unwhipt OF Justice" is that the cases are re- not not
properly prepared for the Solicitor oy Inc
| Trial Justices or Coroner.
II the office OF Coroner were dignifed anu
the salary or fees roade com mmensurate 80 az
to make 1t a desirable office; II II were filled
| by competent lawyer, whose duty ~ snould
be 10 investigate all deaths caused ny VloI
lence, collect evidence, prepare the case ana
act as assistant prosecutor in his County, we
would have MANY q man convicted who now
| goes scoi-free. Then II Trial Justices were re-
QuIred to attend Court and help the Solicitor
In cases where they have held preliminary
| examination, 1t would adn largely 10 Inc lisb
of convictions.
Another abuse is, that instead OF prisoner
under sentence, and In whose case appear mas
been taken, being required TO be brought into
Court at the next term for resentence, thus
entailng expense rpon the county lor mann
tenance, the sentence should be executed as
soon as the Supreme Court shall have dismiss
I Then there should be strict end mandatory
| legislation prohibiting Judge from conlinu-
Ing a case that had been once continued, eS-
cept under extraordinary circumstances
| Another is 10 make 1t obligatory upon the Sa'
preme Court 10 disbar any attorney who
takes an appeal on frivolous grounds. II mas
come to the pass That an appear Is almost a
of md a
follows. ,.
desire TO direct attention 10 the advantages
In reformatory sense Of what is known US
the indetermlnate sentence, which ootains
under different conditions III Massachusetts,
New York and other Northern states. Socie,
q code Of laws for Its punishment. and the
primary object is first 70 secure the comm
nifty from repetition by incarcerating tne
prisoner. The mex: object should be the REL
II that be possible. Under the arbitrary tpse
di1u OF Judge great wrongs are olten COM
mitted and sentences altogether OUT OF pro-
portion 10 the enormity OF the crime I'M
The system TO whIch allude provides a
maximum and mini mum punishment lor tne
convicted is sentenced In the discretion OF tne
Judge, but he can by his behaviour IN prison
reduce or increase the punishment oy giving
evidence Of being hardene1 leProGn'e "a sbIs Us
case Imposes upon The prison auth horities the
duty. and gives them the power by nSeu la-
tio to increase or diminish the prisoners
puniahment In accordance with his benaV-
Tor The offender thu US enters prison With eV-
cry incentive 10 reform and grow better.
Another matter which I would strongly
urge is the incorporation OF Teaui.ementh ahai ~
separate all criminals under the age .! SIX
teen, and such Others as shall exhibit eSceP.
tionally good behavior, from the DINERS ana
IAt-- hn nIn
farm away from the more hardened cIlln-
inaIs. Before leaving this matter OF crime
and its suppression, will briefly recall 10
your attention the recent trouble IN Iennes-
see. in which the authority OF the State gov
ernment was overtfIoWn ana orouRet Lnto
contempt. do this for the purpose OF point.
Ing out what some are apt 10 forget: tnas
such dsgraceful condition OIL aHalrs coulu
not happen in South Carolina.
Tennessee has no militia, or comparatively
none, while we have an admirably organiZeu
and all times 10 uphold the dignity Of the law
and 10 suppress violence and would tnere-
fore urge that the General Assembly continue
It's fostering care OF our militia establish
ment. A.,
lam glad to say that during the year the
law In the State hes been supreme ana hmat Ina
; no person or prisone" has been lyncneo. Inc
military has been called on only twice when
il was thought there WAS danger, but Inc
presence of so many efficient com mpanies scat
Tered over the State tends largely 10 tlie sup
preston Of disorder. The cost @ Of MAINTAIN, a,
ing this establishment Is very trlnlng "neh
compared with It's benefits.
i Another matter In This connection Is, tnat
there Is no provision requiring County onc-
iuls 10 pay for the services OF extra ueput!ess
sworn In by Sheriff In on emergency. ana
to this cause may be attributed some OF tne
lynchings which have dlsgraced our annais.
| commend that provision be made FOR the
payment of such services by the county
whenever the Governor shall order the Sher-
riff to summon such additional deputies.
Railroad Control.
Owing to a difference Of opinion between
the LEGISLATURE and the Executive al the lasI
session, the railroad law fui led and IL was 100
} late to amend the Aci SO that l conia con, ~
express the hope lhat the differences OF opln-
Ion which then existed Will be iGably ad-
jusled and proper Bill passed. Ihere are
some points In the proposed law 10 Wnicu -
your earnest consideration. One is q proVls-
t ion preventing the consolidation OF compel
Ing lines. The absorption 10y lease or DINER
! wise has gone on until virtually there are
only four railroad systems I'D tns oaee: .he ors
fast as new lines are constructed they are
, bought up or leased by the older corporations,
and many communities In the STATE WhicIs
are staggering under a heavy debt contracteo eo
TO aid I'm the building OF competing lines are
without the benefit Of competition.
There are many more roads needed IN
, South Carolina, and they will be built as Inc
State increases IN population ana wealtn.
f. relieve the State Of the oppression always IN
cIdent to monopolies by preventing tneir ao'
sOrption. o,.,,d
property has attracted widespread atten t,ot.
duriny the year by reason OF the lact tnss
, there has been an Increase In It's valuation ot
about 8, 100000. There has been complaint OF
, Injustice In this matter but when call your