The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1896-01-22

to the general assembly. AS you will
observe, there is nothing compulsory
in the matter, and, after all, the en-
tire responsibility is placed upon the
60, ernor. I can see no use, there
fore, for such board. But the mat
ter is left entirely to your wisdom and
good judgment. Ii board is pro-
vided, allow me to suggest that it be
composed of outside citizens, and not
offic holders and politicians, who may
possibly have 'axes to grind.
JUDICIAL DEPARTMENT,
The supreme court of the State will
hereafter consist Of o chief justice and
three associate justices. This will
necessitate the election by you at this
session of an additional associate JUS
tice. I would suggest that this elec-
ton be held as soon as practicable, as
the court is now in session and the ser
vices of the justice are required. l
have found in my experience with the
legislature that elections are the great
est drawbacks to expedition in your
work, and I would respectfully recon-
mend that oil of your elections be had
during the first week of the session.
The Constitution has also provided
another appellate tribunal for the de,
termination of grave constitutional
questions, consisting of the members
of the supreme court and the circuit
Judges. It will be necessary for you
to provide means for the payment OF
the expenses of the circuit judges
when called to sit in this appellate
court. It would be unjust to make
them pay their own expenses. would
suggest that the governors contingent
fund be increased to an amount sufti-
cient in your judgment to meet this ad-
ditional expense and that the governor
be authorized to pay the same there
from. This is the law now as to judges
who sit upon the supreme court when
one of the justices is disqualified from
|. any cause. The people have right
in future to expect all appeals to be
speedily heard and determined. A
wide discretion is allowed your honor
able body for providing courts for the
speedy administration of justice. The
laws delay has been trite phrase for
centuries, and 1 trust you will find
some plan for affording the people re.
lief from the heavy burdens of court
expenses occasioned by the continua-
ton of causes, which often amounts to
denial of justice and brings the
courts into disrepute. There is
general demand for relief, and there
are only two doors open for you under
the Constitution, to wit: the establish
ment of county courts or an increase
in the number of circuit judges.
There seems to be great opposition to
the former in many of the counties on
the grounds of expense and the great
number of offices necessary to he
created upon their establishment. MY
Judgment is that an increase OF the
circuit judges to ten would afford
ample relief and give all the time re-
quired to dispatch the business OF the
several counties. This would require
like increase in the number of soil
citors. The additional expense to
each county would be $222.22 per an
mum, and am satisfied the saving IN
jail fees and witness fees alone WI uld
pay this tenfold. In the county OF
Aiken six months intervene between
the fall and spring terms of the court,
and prisoners who cannot give bail are
required to languish in jail at the ex.
pense of the county for this period and
often longer. I have no doubt the
same is the case in other counties. The
courts cannot sitlonger than two weeks
at more than one term during the
year, and often adjourn before the jails
are delivered. respectfully ask that
you give this matter your careful con-
sideration.
Magistratesare provided for in place
of the old trial Justices, with salaries
in lieu of fees, to be fixed by your
honorable body. Their jurisdiction is
defined in civil and criminal cases, and
this devolves upon you the duty OF
providing for their appointment and
to determine the cases in which they
shall exercise Jurisdiction within con-
stitutional limits. I would suggest
that any legislation as to the salaries OF
magistrates be made to take effect after
the terms of the present trial justices
expire, which will be in December
next. 1t is your duty to provide for
the interchange of circuits OF the
circuit judges.
twill be necessary to provide for q
change of venue in civil and criminal
cases over which the circuit courts
have jurisdiction and in which, under
the Con itution, such changes can be
made. This requires your attention
at this session, as it affects the ad-
ministration of justice. It is also
made incumbent upon your honorable