The Union times. [volume] (Union, S.C.) 1894-1918, 1898-01-14

! I. ]. ME-. ii concealed in - snsas .ss | |
y ,.. .nen These are not arms 1ol = ..',r ~
pockets a.ssnce. ike the shotgun'
common .os as'sa s;fs. There is 70 5 con, q.
Insxss a right guaranteed % onsp, sas
satusl0'.os = c.rry ON the person, oPsn
citizen )" : .ss,sd. S pistols, dirks, daggels, -
ay q a,S q brass knucks, InsSs ;s;s;. IN \
rszo,ss .ss :, arms of soldiers or min.,r .rn, =
- 9o. = l ,eNar, but they are tne :; :;
:eSgn- aS,ns .-;a md with them iline
jsshths Of the rTasrs-ares committed
| WHY not abate the pqisance and Gu
.l;s;Sa ,...-s:S:.: The roots, by. absolute
y Prohibiting the manufacture, al,
or beasing OF 1t least the pistol, th,
greatest OF ths evils? Such q lay
would not infrihge the right to. bea
anteed by the constitution, Federa
and State. Each State of the Unior
could pass law, and enforc, it ia,
more easily than law against carry.
ing deadly weapons concealed about
the person. The Federal govern
ment could come to the aid of the
State by imposing upon the manu-
facture and sale of pistols a revenue
tax go heavy as greatly to curtail the
frafhc, if not to destroy it.
II the congress of the United
3 States and the legislatures of the
States desire to eridicate this curse
OF society, they can easily do SO. and
the people viii sustain them ia enact.
ing the most stringent prohibitory
laws on tho subject. To eradicate
the evil is easier than to regulate il.
Why is the law not enforced. and
why DO SO many murderers escape
in our courts? Are the
Judges to blame? I think not. The |
udge has virtually nothing to do |
With the verdict, and is in no sense
esponsible for its The people in
have deliberately set him
side in all cases of trial by iury.
Under the constitution of 1890
nd the laws Hereunder, our law
'dges were invested with their prop
: functions. Like the Judges Of
ng!and, they were elected for life
: during good behavior, and had /
10 rower to aid juries nrsaching a !
'rrect verdict by commenting xpon ,
'e testimony -bfushig~ Grr 1 s,ucins i
e sophistry of counsel, restraining 7
EN- in their extravaganza, and hold {
e the jury to strict and conscien-
ous discharge of duty. Under O
cir wise and fearless administration S
the law for three. quarters of f
.ntury, the rights and liberties of ,
'e people were sacredly guarded, i
I'd the law was made a terror to
I'll doers, as it should be.
From 1890 to 1868 South Caro- s
ma was blessed with able and indie
endent judges, who. invested with
over to do so, fearlessly administer
her laws. In the constitution Of
868, the judicial tenure was reduced
, six years for supreme court
ldge, and four years for circuit
ldge; and in article Nv, section 26,
was enacted that "Judges shall not
barge juries in respect to matters of
,ct, but may state the testimony and
eclare the law" Thus was the in
ependence of our judges destroyed,
nd their legitimate power curtailed,
nd thereby great victory was
chieved by the criminal and his
dvocate. A dependent and muz-
led judiciary has little terror to the
aw breaker. For 16 years society
,aid the penalty of this radical
;hange by experiencing largely in
creased number of instances Of mis-
of justice.
In 1895, the native white people |
,f South Carolina met in convention
for the purpose Of framing new and
better constitution. An effort was
made to restore to the judges the
power, in trial by jury, to sum up
the evidence and to charge juries in
respect to matters of fact. This ef-
fort not only failed but resulted in
dcpriving the judges of a part of that
small privilege enjoyed under the
constitution of 1868, to wit: ''to
state the testimony" and in section
2G of article w., it is enacted that
"judges shall not charge juries in re-
spect to matters of fact, but shall de-
clare the law" This completed the
victory of the criminal. Under the