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

Il
lessened. And, therefore, in my opin-
ion, the establishment of a county
court in York county under existing
circumstances, from an economical
standpoint, is undesirable and imprac-
tlcable. The advocates Of the system
contend that pure and undefled justice
would be administered in the county
court and the cost should not be con-
sidered. This is only a matter OF
opinion. The liligant who goes into
the circuit court does not always get
what he considers justice. Our mag
istrates are not lawyers, nor are they
learned in the law; but if they err,
their errors can be corrected in the
circuit court. 1t is impossible, how
ever, to pass upon this matter satisfac'
torily until the general assembly passes
an act establishing county courts.
After this is done, may conclude it Is
desirable and practicable for York to
have county court"
Here are the views of John R. Hart,
ESQ.,:
"I am in favor of the establishment
of county court. Article 5, section
|, of the state constitution prescribes
that the general assembly may estab-
lish county courts and other courts,
inferior in jurisdiction 10 the circuit
courts. in apy, or all, of the counties
of the state. My idea would be to
have county judge-one thoroughly
conversant with the law, and paid a
salary sufficient to get good lawyer
to take the position. The section OF
the constitution I referred to prohibits
the proposed county courts from try
ing cases of murder, arson, common
law burglary, bribery or perjury. Let
the county court meet once a month
and dispose of all lesser crimes. The
work for the circuit court would then
amount to very little. At present the
greater portion of the time of the court
is taken up in the trial of trivial cases,
and appeals from. magistrates courts.
If the county court were established,
all of this would be done away with,
and after judgment was pronounced
il would be, practically, final if the
legislature would provide that no ap-
peal should be taken except to the
supreme court. In any event, there
will have to be magistrates with power
to issue commitments and perhaps war
rants of attachment"
T. F. Mellow, ESQ.,, says: II think
the substitution of county courts for
the present magistrate system infinite
ly better from the standpoint of econ
omy as we'll as the administration OF
Justice. This statement is based on
the assumption that the act creating
the county courts would be drawn so
as to meet the end suggested"
w. B. de Loach, ESQ.,: 81 think
this county court matter very impor.
tant, and would be glad to see trial
of the experiment. I gave the SUBJ ject
considerable attention while member
of the legislature and discussed it with
other members. The concensus OF
opinion, so far as those with whom l
talked was concerned, was to the effect
that the county court might prove
somewhat expensive at first; but that
in the end it would he more economi-
cal than our present system. A ma
iority of the members were without
any definite ideas as to the views OF
their constituents, and for that reason,
principally, nothing was done toward
the getting up of an act to carry out
the provisions of the constitution on
this subject. 1t will be necessary, of
course, to retain our present magls-
trates, or at least some of them, as
committing officers; but the county
court can also be made to relieve, to a
great extent the circuit court. 1t is
likely that several counties will estab-
lish county courts as soon as the legis-
lature provides authority, and / would
be glad to see York among the first OF
them. If we should once give the
county court a trial, do not believe
we would be willing to give it up. OF
course, I understand that the PROPOSE
ton is likely to meet with great deal
of opposition but this is to be expec.
ted. People do not feel kindly toward
innovations, especially in matters per-
tanning to the administration of JUS
tice. But if the court should prove to
be a good thing, as I believe it will,
our people will not be slow to appre-
ciate the fact, and they will hold on to
it. Economy is all right provided it is
on q proper basis, and the administra-
ton of justice is matter in which the
basis of economy should be considered
with care. Yes, I am certainly in
favor of making the experiment"
w. w. Lewis, ESQ.,: "Under proper
conditions and regulations, l am heart
lily in favor of the establishment of a
county court, and I am of opinion that
such a court, if kept out of politics,
could and would be of great value to
the county and the people who are
compelled to litigate in courts of in
ferior Jurisdiction.
"Upon the score of economy alone,
there would be a considerable saving
to the county, for such a system could
be- operated at much less expense than
the system now in vogue, and this end
could be attained even if a salary,
sufficient to induce thoroughly com.
petent lawyer to assume the position
of county judge, were paid.
"If such court were established,
only competent lawyers, as have in
timated, ought to be eligible for elec-
ton or appointment to the judgeship.
Otherwise change from the present