The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-11-25

OIlltI DOoh5 dbo thS tltSe giO
OF Supervisor. 1t appears necessary To pro-
vide at once for renpening the registration
books so rs to give TO those persons entitled
10 vote AN opportunity TO get legal certificates
In time Tor the municipal election, which
comes off December Sth proXimo.
And while mentioning this matter of illegal
registration. I would call attention TO the fact
that in several Counties. as | am informed. a
large number OF certificates bearing date July
=, 1890, were issued fraudulently after The
books closed last July, andG recommend the
passage of an Act declaring all certificates
bearing that date Illegal In the Counties OF
Rlchland, Fairfield, Sumter and Berkeley.
The Criminal Law.
Al the duties of my office bring me into in
Innate connection with the Penltentiary, and
the matter Of pardons being also a source of
constant labor and worry, ! have had my at
tention directed to certain defects In the GRIM
inal law, TO which l ask your attention. 'The
laws delay has been a matter Of complaint
for centuries and there have been Of late go
many instances OF the failure Of Justice to
punish the most fragrant crimes, and, II at all,
after the patience of the people has become
exhausted, that / cannot too strongly impress
upon the Legislature the necessity OF some
changes. Continuances are granted upon the
slightest pretext. Appeals are taken upon 20
preteXt at all sometimes, and crime, when
backed by money, appears TO override or
break through the meshes of the law with
zens have at times forgotten themselves and
taken the law into their own hands.
1 give as Instances OF justice long held at
bay the Turner and Sem cases I'm Spartan
burg, the James case in Darlington and the
Jones case In Edgehld.
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,
In the prosecution of criminal cases the So
licitor Is always at a disadvantage. He Is Of
ten confronted by the ablest lawyers at the
bar, who live in the County, and are &C.
quainted with witnesses, jurors, etc. But
these difficulties are frequently overcome and
verdicts obtained In spite OF them.
"unwhipt of justice" is that the cases are not
properly prepared for the Solicitor by the
Trial Justices or Coroner.
If the office Of Coroner were dignided and
the salary or fees made commensurate 80 as
TO make 1t a desirable office If IL were filled
by q competent lawyer, whose duty 1t should
be TO investigate all deaths caused by vto-
lence, collect evidence, prepare. the case and
act as assistant prosecutor in bis County, we
would have many a man convicted who now
goes scol-free. Then II Trial Justices were re-
10 cases where they have held q preliminary
examination, it would add largely to the list
of convictions.
Another abuse Is, that instead of q prisoner
under sentence, and in whose case appeal has
been taken, being required TO be brought Into
Court at the next term for resentence, thus
entailing expense upon the county for main
t~enance, the sentence should be executed as
soon as the Supreme Court shall have dismiss
ed the appeal.
Then there should be strict and mandatory
legislation prohibiting q Judge from continu-
ing a case that had been once continued, ex-
cept under extraordinary circumstances.
Another Is TO make It obligatory upon the SUI
preme Court 10 disbar any attorney who
takes an appeal on frivolous grounds. It has
come to the pass that an appeal is almost a
matter Of course, and a stay Of proceedings
follows.
I desire to direct attention to the advantages
In a reformatory sense OF what Is known as
the indeterminate sentence, which obtains
under different conditions In Massachusetts,
New York and other Northern States. Socie.
ty for its protection against crime has enacted
O code Of laws for It's punishment, and the
primary object Is first to secure the commu-
prisoner. The next object should be the ref
ormation of the criminal and his restoration,
II that be possible. Under the arbitrary tpse
di1it of a Judge great wrongs are often COM
mitted and sentences altogether out OF pro-
portion to the enormity OF the crime inn
posed.
The system to which I allude provides a
maximum and minimum punishment for the
different classes OF crime. The prisoner when
con vlcted is sentenced In the discretion or the
Judge, but he can by his behaviour In prison
reduce or increase the punishment by giving
evidence OF being a hardened reproPate or
showing a desire 10 reform. The law IN tnis
case imposes upon The prison authorities the
duty. and gives them the power by a hxeo "a
ito, to increase or diminish the prisoners
punishment in accordance with his behay-
Tor. The offender thus enters prison with ev.
cry incentive to reform and grow better.
Another matter which l would strongly
the law tina the Penitentiary Directors shall
separate all criminals under the age OF six
teen, and such others as shall exhibit eSSel1
that these classes be employed on the state
farm away from the more hardened Grim
inaIs. Before leaving this matter OF crime
your attention the recent trouble In Tonnes
see, in which the authority of the State gov
eminent was overthIown and brought into
contempt. do this for the purpose OF point.
Ing out what some are apt to forget: that
such a disgraceful condition OF affairs could
not happen In South Carolina.
Tennessee has no militia, or comparatively
none, while we have an admirably organized
and efficient force-amply sufficient at any
and all times to uphold the dignity Of the law
and 10 suppress violence, and 1 would there
fore urge that the General Assembly continue
its fostering care of our militia establish
ment.
lam glad TO say that during the year the
law in the State has been supreme and that
no person or prisoner has been lynched. Inc
military has been called on only twice when
1t was thought there was danger, put Inc
presence Of so many efficient companies seal
tered over the State tends largely TO the sup
preston of disorder. The cost of maintain
Ing this establishment is very trihing Wnen
compared with Its benefits.
Another matter In this connection Is, that
there is no provision requiring County ONO.
lals 10 pay for che services OF extra deputies
sworn in by a Sheriff In au emergency, ana
to this cause may be attributed, some OF the
lynchings which have disgraced our annais--
! commend that provision be made for the
me 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 Legislatures and the Executive at the last
session, the railroad law fuiled and 1t was too
late to amend the Act so that l could con-
scientiouSly approve II. may be alioWeo 70
express the hope that the differences OF opln-
ion which then existed win be amicao!y au,
sone points in the proposed law 10 Wh1cn
desire to direct attention and 10
your earnest considerations. one Is q proVls-
ion preventing the consolidation OF compel
ing lines. The absorption by lease or other
wise has gone on until virtually there are
only four railroad systems In the State. As
fast as new lines are constructed they are
bought up or leased by the older corporatlons,
ana many communities in the Stale whicn
are staggering under Il heavy debt contracted
to aid in the Guiding Of competing lines are
without the benefit Of competition.
There are many .morc ROADS neeueo IN
South Carolina, and they Will be oullt as the
State increases IN population and wealth..
The proper steps should be taken NJ once 10
relieve the State OF the oppression always In
cident to monopoiies by preventing their aD-
sorption.
The question of the assessment Of railroad
property has attracted widespread attent,on
during the year by reason OF the TACT thaL
there has heen an increase IN It's valuation OF
about SS,0 O,0OO. There has been complaint OF
injustice in this matter, but when call your
attention 10 one single TACT it will be easy 70
soc hDW lille fOunUt ton there Is Tor Sucn