Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-12-14
Hlisfellanenas gsaaing.
COUNTY COURT SYSTEM.
Expressions of Opinions on Grand Jury
Recommendations.

Expressions Of Opinions on Grand Jury
Recommendations.
Greenville Mountaineer.
In the recent presentment of the
grand jury of Greenville county, is the
following paragraphs:
"With constant increase in the pop
ulation of the county there appears to
be some increase in the amount of
crime, and as a result the time of our
courts is largely consumed with the
consideration of criminal business.
We think the time has arrived when
some change should be made, and that
a county court should be established,
as is contemplated by provisions of the
constitution of 1885,"
This recommendation has attracted
much attention not only in this county
but all over the state and in view of
that fact, the Greenville members of
the legislature, the solicitor and many
prominent lawyers have been asked
the following question, some of the
answers being published herewith and
the others will be given at a subsequent
time:
"Please give your views on the pro.
posal to establish county court sys-
tenn for the larger counties of the state,
particularly Greenville:
Judge James T. Hubbell, whose ex-
tensive knowledge of the law and ex.
perience in his former home, Connecti.
cut, give weight to bis views, said:
"Tbe incoming legislature will prob.
ably be called upon to consider the
question of county courts for some of
the larger counties, and the positive
Recommendation by Greenville's grand
Jury that court of this character be
established in the county, brings the
matter into prominence.
"For civil business county court
meeting every month would be great
convenience, provided the jurisdiction
in law and equity be large enough to
absorb q large portion of the business
now transacted in the circuit court.
In criminal matters it would afford
speedy trials and save the county the
expense of keeping prisoners to whom
life in Jail pending trial is no great
hardship. Then, too, the prompt dis
posal of these matters would have a
vigorous deterrent effect. The makers
of the constitution of 1895 saw fit,
when providing for the contingency of
courty courts, to exclude from their
Jurisdiction "murder, manslaughter,
rape, arson, common law burglary,
bribery or perjury" This restriction
is really too extensive; but being a
part of the constitution it must govern
until changed. ....-.
"Tbe only possible objection to the
establishment of a county court will
be that of additional expense, but the
expense for jurors and court atten-
dants would not be increased as the
sessions of the circuit court would be
shortened thereby saving expense in
that court. The only possible increase
would be the salary of a judge and
county solicitor, as the clerk could
be paid by fees.
ITO my mind the best arrangement
for county courts would be to have
these courts vested with civil, criminal
and probate Jurisdiction, the clerk of
the circuit court and the master Of
each county to be ex-officio the same
officials in the county courts. In the
event of probate jurisdiction being at
tached to the courts, the fees could
be turned into the county treasury.
If the legislature deems this topic
worthy of consideration it ought to en-.
act a general lew for all counties so
that courts could be established when
ever the demand arose. Then, too,
should the supreme court ever have
occasion to pass upon the meaning
and scope of the law it would settle
the matter for all counties, whereas
special law for each county would re-
quire Individual construction. 1t is
not impossible to enact such a law,
and if the people believe that such a
court would be advantageous they
will undoubtedly vote for its establish
ment. To secure competent and in
dependent judges they should be ap-
pointed by the governor and confirm
ed by the senate and their term Of
off. should be not less than six years.
To make county judge elective would
be to inject too much politics into the
affair.""
City Attorney B. A. Morgan said:
81 would like to see county court
established here with criminal juris-
diction as indicated by the constitution
and civil jurisdiction not exceeding
$500 or $500.
"There need be but two new Offices
Judge and prosecuting attorney. The
sheriff and clerk of our already estab-
lished courts can serve the new courts.
There will have to be committing Of
ficers, and inasmuch as magistrates
will not have the trial of cases, they
can be retained in less numbers and
perform this duty for less compensa-
ton.
81 think the new court should have
its regular sessions once month, and
the grand jury as now drawn for our
courts. serve the new court. l don't
think they should be required to pass
on bills charging offenses now cogniza-
BILE by the magistrates. think the
new court should be open at all times,
as is now the magistrates court, for
the trial of cases triable in that
court and the jury in such cases may
be had as are now had in the said