Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-12-31
TILLMAN AND COUNTY COURTS.

ScudlOl petSSSe
lumbia last Sunday, and was interview
ed by the correspondent of The News
and Courier with regard to various
matters of general and especial inter-
est. The report of the interview con-
cludes as follows:
Coming down to state matters, the
senator was of the opinion that the
county government question, which is
now receiving so much attention just
prior to the meeting of the legislature,
would be unconstitutional if bill
providing for county courts was passed.
He stated he was not positive; but
thought the constitution prohibited
the establishment of county courts,
such as are contemplated. One thing
he was certain of was that he had led
the fight in the constitutional conven-
ton against county courts, and II the
provision was now in that instrument
it was slipped in or crept in without
his knowledge. When asked his OBJ
lection to county courts, he replied
.'Instead of lessening taxes they will
be increased, for the expenses will be in
creased 80 per cent, and another thing,
people living at distance from the
court houses will be forced to undergo
extra expense in their litigation by
reason of the inconvenience and trou-
bile in getting to the Judge of the
county court. 1t is presumed, OF
course, that this functionary will re-
side at the county seat"
1t seems to us that the correspon-
dent must have either misunderstood
Senator Tillman, or gotten him badly
mixed up, for it is hardly possible that
the senator could have said what he is
reported to have said, and in the man.
ner in which he is reported to have
said it. For instance, on turning 10
the constitution, we ind The following
Article V, Section 1.-The judicial
power of the state shall be vested in a
supreme court, in two circuit courts,
to.wit: A court Of common pleas
having civil jurisdiction and court OF
general sessions with criminal juris-
diction only. The general assembly
NAV also establish county courts, mu-
nicipal courts and such courts in any
or all of the counties of this state In
ferior to the circuit courts, as may be
deemed necessary; but none of such
courts shall ever be invested with Juris-
diction to try cases of murder, man
slaughter, rape, or attempt to rape,
arson common law burglary, bribery or
perjury: Provided, Before county
court shall be established in any
county, it must be submitted to the
qualified electors and a majority OF
those voting must vote for its estab-
lisEment.
We are unable to see where there is
any room for confusion in arriving at
the meaning of the foregoing section
of the constitution. The only defect
in it is that instead of making it obli'
gatory upon the Legislature to provide
the necessary machinery for county
court, it merely gives that body per-
mission to do so. 1t wisely, however,
provides that the people shall not be
required to accept such court unless
they want it, and in this we are pre-
n,rod to halieye Senator Tillman, when
he says he had nothing to do with
incorporating such section in the
constitution. He believes not in al
lowing the people to do as they
please; but in making them do as he
wants them to do. However, under
the constitution, we think it will be a
poor representatives, misrepresenta-
tive in fact t-who would refuse to vote
for bill to provide the machinery for