Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-11-26

ed the idea had the provision incorpor-
ated in the belief that it would only
be a matter of time until the better
system would be adopted.
Now it is not our purpose to under
take to outline the details of an act
providing for a county court system.
That is work that can best be done
by some able lawyer who fully under
stands the ends to be attained. But at
the same time, for the benefit of those
who would undertake to figure out
the expense per day to be as great as
that of the circuit court, we would
suggest that the amount of machinery
and detail that there is to select from,
is almost inexhaustible. There are q
dozen ways in which the magistrate
system can be improved upon immeas-
urably, without going outside the con-
stitution, or without increasing, to the
amount of a single dollar, the present
cost of the administration of justice.
For instance, we have just made an
examination of the report of the county
treasurer for 1897, filed June II, 1898,
for the purpose of getting at some idea
of court expenses. The salaries of the
Judge, solicitor and stenographer are,
of course, paid by the state, and for
present purposes, do not enter into the
calculation. The principal item of ex-
pense is for jurors and witnesses and
fees of the clerk and sheriff. The pay
of jurors and witnesses is on a per
diem basis, and that of the clerk and
sheriff on the basis of the amount OF
work done. During the year 1897,
the amount paid to jurors, witnesses,
clerk and sheriff, was S3,3S1.1O. 9th
er items would easily run the sum up
to So, 800. In 1896, single term of
the court cost for jurors and witnesses
alone S2,374.35; but for the present
estimate we will only use the expenses
in 1897.
It's common complaint from grand
|juries, lawyers and judges, that magis-
trates send up to the circuit court
many cases that should be disposed of
in their own Jurisdiction and it is a
we'll known fact that more than half of
the time of the court of general ses'
sions is taken up with the trial of cases,
which, under the constitution, could
be placed within the jurisdiction of u
county court. The large number of
light sentences-15 and 80 days and 2
and enthusiastically imposed by
Judge Klugh for petty offenses, is a
good illustration of this fact. If we
should estimate that rs per cent. of
circuit court business is with cases that
could he safely put within the juris-
diction of county court, we would
not be far wrong but to be safe we
will put the estimate at SO per cent,
remembering to call attention to the
fact that the expense is in proportion.
The present salary expense of the
magistrate system-that is, to the tax
payers-for criminal business alone,
was shown by Major Hart the other day
to be $2,65O a year. If the jurisdic-
ton of the magistrates were limited,
as suggested by Mr.. Spencer, to the
mere issuing of commitments in crimi-
nal cases, and their number limited to
about six-for that would be as many
as would be necessary-the expense
on their account could be reduced to
less than 81, 900 year.
Now then, with 81, ,690.55 saved from
the circuit court expenses, and 81 $50
saved from the present magistrate sys-
TEN, we would have the sum of So, $40
to be devoted to the annual expenses
of the criminal business in the county
court. This, as we shall presently
show, would be sufficient to run the
whole business on pretty liberal
basis but let us not forget that under
the present system, in civil cases before
magistrates, the losing litigants have
to pay the cost of juries and other ex
penses, and with this source of revenue
also available, the situation need not
be especially cramped.
Now, in our opinion, we could get a
pretty good county judge for 500 and
pretty good prosecuting attorney for
$500, making $1,000 for the two; but
let us take Mr.. Brice's figures of 81, 900
and $500, making 81, 300, and we have
$1,740 left with which to pay jurors
and witnesses. We are already draw
ing five petit juries and grand jury
each year. Suppose we continue to
draw them and use them also at the
monthly terms Of the county court.
The constitution does not fix the num-
Der of grand jurors to constitute pan