Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-11-30
JIIDGE AND SOLICITOR.

AS already suggested, it is not the
purpose of THE ENQUIRER to propose
definite details for county court bill.
That ia work that can best be ac-
complished by committee of able
lawyers, or a select commission ap-
pointed by the general assembly. Its
our purpose only to discuss the mat
ter sufficiently to enable the general
public to arrive at an idea as to wheth.
er or not the suggested change Is desir-
able from the standpoint of economy
and more satisfactory administration
of justice.
The fact that county judge and a
county solicitor would be necessary
has already been made clear in the
recent expressions from members of
the Yorkville bar; but the scope of the
duties and responsibilities, as we'll as
the salaries that would be necessary to
secure competent officials, are matters
to be determined only by the most
careful consideration. But of the cor
rectness of the proposition that none
hut practicing lawyers should be elli-
gible to the position Of county judge,
there is no question. 1t is as necessa-
ry that the president of any court
should be a trained lawyer, as it is
that the prosecuting attorney should
be such.
There are many who believe that
law is simply a matter of common
sense, and that any individual who is
so fortunate as to be endowed with a
good fund of common sense is compe-
tent to serve as judge. This belief
is far from the truth. Law is based,
for the most part, on common sense,
it is true; but it is not absorbed to any
considerable extent intuitively. Ex-
cept by long and patient study, no
man can hope to become deeply learn.
in the law, and the idea of an individ-
ual who is not a lawyer assuming to
act as the referee for men who have
made this branch of learning the
study of lifetime, is absurd. Right
here is the most serious and irremedi-
able defect of our present mis6ting
magistrate system.
The jurisdiction of the judge un-
der a county court system will, of
course, depend upon the act providing
the machinery for the court; but at
the same time it is probable that this
jurisdiction will include all the impor-
tant powers now exercised by magis-
trates, as we'll as all of the criminal
jurisdiction of the circuit court that
would be authorized by the constitu-
ton. There is no limit in the consti-
tuition to the civil jurisdiction that
might be exercised by county courts,
and this is matter that would have
to be settled in the discretion of the
general assembly. The limits, of juris-
diction, however, both civil and crimi'
nal, are wide enough to make the
court a very important institution, and
the position of county judge would be
a high and dignified one. 1t could be
arranged so that he would at all times
be in a position to adjudicate many
cases that now have to wait on peri
odical visits of circuit judges, and in
this respect alone, the county court
system would be found to be great
saving and convenience.
Many of the advantages of having
county prosecuting attorney are at
once obvious. 1t may be arranged so
this official may. serve as an assistant
district solicitor, or as substitute for
that official. AS matters now stand,
the district solicitor works under Sc
rious disadvantages. From the very
nature of the circumstances, it is often
that he knows nothing whatever of the