The people's journal. (Pickens, S.C.) 1891-1903, 1897-02-04

In Congress. If grand juries mako re
ports to us do we consider it dicta
tion No. Then when we reflect the
sentiment Of the people Of this State il
cannot DO termed dictatiOn. There ii
no less than nine-tenths Of the people
struggling patriots, and fearless ex
preston Of it is no more than right.
Mr.. Hay: The proposition, as | un
derstand it, Is an expression Of the
sympathy of the people. We express
our sentiments. We do not attempt tC
dictate to Congress. 1t would be q
good idea, think, to send o COW OF
these resolutions to the President and
let him know the sentiment Of the peo-
pie OF this State. | don't suppose Mr..
Clovelard cares what Our sentiments
arc, and If he did it would not alter his
policy in the least, still think it we'll
enough to let him know them.
The aye and nay vote was then called
on whether the third resolution should
be killed or not
nor, Dennis, Douglass, DuBOsc, Gaines.
Henderson, Mcdaniel, Miller, Moses
Mower, O'Dell, Ragin, Sanders, Stack. .
house, Ialbird, Turner, Wallace, Will.
liamS-2I.
Nay--Dean, Hay, Mayfeld, McCalla,
ir,ettIgrcw,, Ragsdalc, Scarborough,
Sloan, Walker-9.
VERDICT AS TO FACTS.
The Senate by an 0verwhclmipr ma
jnrity. after lengthy debate, rejected
Mr.. RaSsdalc's bill forbiGding circuit
Judges to set aside the verdict of juries
on questions of fact in civil cases.
Inc bill was taken Up from tho spc-
cial order list and MIR. Ragsdale gained
the floor in its support. The commit
tee had given his bill a black eve, bu,
he appeal I'd from the committee to the
Senate on the merits OF his measure.
lie said the bill did not seek to strip
'he judge Of any Of his prerogatives.
but 1T did propose to forbid his trespass
upon Iuc province of the jury. This
authority OF tho Judge to set aside a
verdict on questions Of fact was uncon-
should be repealed. That portion OF
the constitution forbidding the Judge to
charge upon the facts would be of no
avail If after the verdict is rendered
the Judge is to set aside the decree Of
the jury on a question Of fact. Under
the present law verdict was set aside
and tho case went 10 the next Jury
prcjndiced by h verdict on it being sc,
aside by tho previous judge as wrong,
and on the case went, until the judgc's
opinion prevailed at last. We might
as well do away with the Jury alto
gcthcr.
Mr.. Henderson said that the commit.
tee had been unanimous in their ver-
di t. He declared that there was no
such law in the United States as pro-
posed hY The bill. by abun1ant oJiu-
dic8t'on established throughout the
history of this union the principlc wa~
: vcryWhrro laid down that the Judge
"aS = right TO set aside the jury's YER
diet, whcD it is manifcstiy against the
weight OF the evidence. Pass this bill
and no matter how many mistakes o.
there would be no means Of obtaining
Justice for prosecuted litigaut. The
bill was too far.reaching.
Mr.. Sloan spoke in favor OF the un-
favorable report. This bill, in his
opinion, was the most dangerous and
nEwise measure that had icon intro
duced into the Senate during his entire
seven years experience. It was
against tho practice Of every civilized
government Of the world.
Mr.. j an saw no great danger in the
proposed bill, but, on the contrary, he
thought 1t was directly in line OF the
progress and the spirit of the times
and tendency of Jurisprudence. If the
juries, selected as they were, from
among the best citizens, were subject
to undue influences, it should be sup
posed that tho judges wore liable to
the same influences. We should hcw
to the line and tho letter and spirit of
tho constitutional provision that SAYS
IN the matters of fact the jury Is su-
prcme. Let it be said that when twelve
good, lawful and representative men,
who know the witnesses aud are best
qualified to j:dgc of their testimony,
that they alone shall be judges OF the
facts. The friends Of the measure did
not reflect upon the honor and purity
Of tho circuit judges, but it must be
said they are human and as liable to
err as jurors.
Mr.. Pettigrew, in reply to the argu-
mcnt that q jury is often prejudiced,
urged that In such cases a changc of
vonuo could be obtained, and the case
tried by Gu impartial jury in another
county. 1t was unreasonable to sup.
pose that ono man was bctter qualified
to pass upon the fact than twelve honest
men, the peers Of the person litigating.
Mr.. Mover said he had not heard of
any condition Of affairs in this State
that called for the passing of this radi-
Cal Law. This bill proposed to say that
errors of judges can be corrected, but
that those OF the jurors could not. If
the jury commits an error through ig-
horance or other influence, the super.
vlsorry authority of the judgc should be
retained to correct them.
Mr.. Hay approved OF the now consti-
tutional drovision which forbid the
Jndge to state tho evidence. He be-
,ievcd in trials by jury, and he was no
Judge worshipper Putting black
roba on man did not make him iudgc,
nor yet lawyer But he had no in
lcntion Of rejecting on tho circuit
Judges Of this State. 1t had been bis
experience that it was almost impos.
siblc to get now trial from Judge
when tho jury had passed upon tho
facts. Jnrlcs arc laymcn and are liza
bic, though honestly SO, to make mis-
tnkos and miScOustrn" tho facts. He
could not sec the wisdom in cntti, g off
ali resources TO appeal to the Supreme
Court OF asking ior IL new trial, when
5li9 measure proposed 10 do.
Mr.. Archer was o. the opinion that