The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-01-11
THE COUNTY
COURT SYSTEM.
The Views of an Advocate of
Inferior Courts When He
Was in the Legislature.

Was in the Legislature.
On the question of county courts
Hon B. NJ. Shuman has submitted
his views in the following form. Mr..
Shuman has given much thought TO
the subject in all its phases and his
views are prepared with his accus-
toned thoroughress When he was
a member of the Legislature he pre-
pared a bill to establish county
courts, but it was not introduced
owing to conflict with the constitu-
tion which was then in effect. Mr..
Shuman says:
81 believe that it is generally con-
ceded 10 Greenville county that the
courts of common pleas and general
sessions have not the time to attend
to all the business coming before
them. In consequence of this many
cases are continued from tern to
term Of these courts, and many civil
cases stand for trial Cor a year or
more before they can be reached.
In fact in Greenvi!le county the
business men Of the country are
practically without court for the
trial of litigated cases, for it. takes
nearly all the time that the circuit
judges have to try the criminal cases,
and great many of these where
light ofenses are charged are con-
tinued from term to term for want of
time.
cit is the first duty of q civilized
state to provide courts for it's liti-
gants, but in Greenvllle county this
is not done, because our present sys-
TEN Of courts is inadequate Dis
puted rights of property go untried.
aud dishonest litigants who are in
possession of the disputed property
or money, avail themselves of the
slowness of the courts, to enjoy and
withhold property and rights to
which they are not entitled, and
honest litigants and suitors turn
away from the courts disgust,
because after much loss of time and
expenditure of money, they are told
"your case will have to be continued
| to another term of court" and per-
haps at the next term of court after
weary waiting the same statement
will be made to them,
'.The necessity for relief is apparent
aod pressing, aud it seems to me that q
county court, such as is contemplated
by the present constitution. would be
best suited to give the desired relief.
/ "Some have suggested more circuits
and more circuit judges. but this it
seems to me would not give the relief
that county court would give be-
cause the only way 10 which more cir
cults would be of any benefit would be
to give the circuit judges more time
and thus enable them to prolong the
term of court 10 each county; but the
terms of court ia this and other lar"e
couaties are already too long, both on
account of the great strain which very
long terms Of court impose on the
judges, solicitor and other officers OF
the court. aud the increase in expense
caused by long terms.
"What We need is court more fre-
quently and shorter terms. In this
way the Jail would be cleared more fre.
quently aud the expense of dieting
prisoners confined in Jail awaiting trial
saved. aud the pay Of witnesses would
be very mach reduced. Witnesses have
to attend the term of court constantly
from the beginning until the case in
which they are summoned to attend
has been tried, and this sometimes hap
| pens one week from the beginning oil
the tern, sometimes two aud sometimes
three weeks. the witnesses ali appearing
on the frst day of the term and draw
ing pay every day until the case in
which they attend is disposed of. Al
the last term of the court of general
sessions here some witnesses drew pay
for three weeks. This imposes a1
enormous burden on the county which
would be much relieved by shorter
terms of court. The courts of general
sessions and common pleas would mol
under the system of ioterchangine
circuits by the judges sit more frequent
ly than they do now even though We
had great number of circuits.
"My idea Of county court is that
it should kave jurisdiction in all Grim
inai cases except those given by the
present constitution exclusively to the
court Of general session. to Wit: Mur
der, manslaughter, rape, or attempt
to rape. arsou, common law burglary,