Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-11-23
AS TO COUNTY COURTS.

Inc recommendation VI Iue OiCCu-
vile grand jury, published elsewhere
in this issue, brings up question that
has received more or less serious con-
sideration at the hands of all who have
appreciated its importance. The issues
involved include the rights and liber-
ties of the citizen and the welfare of
society generally. So far as we know,
South Cardinals magistrate system is
almost unique. That it is reasonably
economical, there is no question but
as to whether the administration Of
justice through it is as satisfactory as
through the county courts in other
states, is doubtful. AS to whether a
change in the magistrate system in this
county can be made with advantage,
furnishes ground for much difference
of opinion. Agitation of the matter
can only result in good-the bringing
of careful, discriminating thought to
bear on the subject, and with view
to getting at the opinion of those who
best understand the situation, and
giving the public some new ideas,
THE ENQUIRER has taken occasion to
secure expressions from the members
of the Yorkville bar.
The question submitted to the differ
ent members of the bar was: "Would
it be advisable, from the standpoint of
economy, and to secure more salts
factory administration of justice, to
substitute for the magistrate system as
it now exists in this county, county
court ?'
c. E. Spencer, Esq, said: "If the
magistrates are retained as committing
officers with very restricted jurisdic-
ton in civil and criminal matters, not
involving over 500 or $25, and if the
county courts should be given concur
rent Jurisdiction with the circuit court
in matters civil and criminal but not
involving such as are strictly equita-
BILE, up to limit of 5000 or $500, l
think the change would be for the
better"
Judge Witherspoon ~ prefer not
to express myself on the subject"
D. E. Finley, ESQ.,: 81 do not think
that the establishment of a county
court would be practicable in such a
sparcely settled country as ours. The
advantage in other respects would be
offset by the increased expense. 1
had occasion to investigate the matter
while member of the Legislature"
J. S. Brice, Esq, expressed himself
as follows:
"Under county court system there
would be county judge at an annual
salary of something like $1,000, and
a county solicitor at salary of about
$500. At every term of this court at
least SO, and probably "a, jurors would
have to be drawn and summoned, and
so cents per diem and mileage would
hardly be enough Of pay for them.
The number of witnesses in state cases
would, of course, vary; but it would
not be fair to summon witness from
the nethermost corner of the county
and pay him less than so cents a day
and mileage, and the pay of all wit
nesses would have to be uniform. The
sheriff would have to be paid for sum-
moning the jurors and for attendance
upon court, and the clerk would prob
ably have to be paid for extra work
involved in the system. During the
interim between the sessions of the
court, all prisoners would lie in Jail at
the expense of the county. We would
of necessity have to retain the magis-
trates and constables to arrest and
commit offenders, and would still have
to pay magistrates and constables sala-
ries. We would, under our present
have court of general
sessions to try all prisoners charged
with murder, manslaughter, rape or
attempt to rape, arson, common law
bribery and perjury. We
would still retain the court of common
pleas with Jurisdiction in certain
causes. Under county court system