The people's journal. (Pickens, S.C.) 1891-1903, 1899-01-12
THE COUNTY COURT SYSTEM

The Views of an Advocate or Infe.
rior Courts When He Was in tho
Legislature.
The Greenville Mountaincer. "r,@'r
On the question of county courts
Hon. B. M. Shuman has submitted his
views In the following form. Mr.. Shu-
man has given much thought to the
subject In all its phases and his views
are prepar With his accustomed thor
oughness. When he was member of
the Legislature he prepared bill to
establish county courts, but it was not
Introduced owing to conflict with tho
constitution which was then in effect.
Mr.. Shuman says:
VI believe that it ia generally con.
ceded In 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 term to term of
these courts, and many civil cases
stand for trial for q year or moro be-
fore they can be reached. In fact in
Greenville County the business men Of
the country are practically without a
for 1t takes nearly all the timo that the
circuit judges have to try the criminal
cases, and u great many Of these where
light offenses are charged are con-
tinued from term to term for want Of
time.
'It is the first duty of q civilized
State to provide courts for its litigants,
but in Greenville County this is not
done, because four present system Of
courts is inadequate. Disputed rights
OF property 60 untried, and dishonest
litigants who are in possession OF the
disputed property or money, avail
courts; to en- Joy and withhold property
and rights to which they are not enti-
tied, and honest litigants and suitors
turn away from the courts in 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 perhaps
at the next term OF court after weary
waiting the same statement will be
made to them.
'The necessity for relief is apparent
and pressing, and 1t seem 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 in which more cir.
cults would be OF any benefit would be
to give the circuit judges moro time and
thus enable them to prOlong the term
of court in each county; but tho terms
of court In this and other large coun-
ties are already too long, both on ac-
count Of the great strain which very
long terms Of court impose on the
md md nf1 nHt rf
the court, and the increase In expense
caused by long terms.
What we need Is court moro fire.
quently and shorter terms. In this
way the jail would be cleared more fire.
quently and the expense OF dieting
prisoners confined in jail awaiting trial
saved, and the pay of witnesses would
be very much 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 Of
the term, sometimes two and some.
times three weeks, the witnesses all
appearing on the first day OF the term
and drawing pay every day until the
case In which they attend is disposed
Of. At the last term Of the court o.
general sessions here some witnesses
drew pay for three weeks. This i'm
poses an enormous burden on the coun
ty which would be very much relieved
by shorter terms of court. The courts
of general sessions and common pleas
would not under the system of inter
changing circuits by the judges 81
more frequently than they do now ever
though we had greater number o
circuits.
my idea of county court is tina
T. should have jurisdiction in all cI i'm
inal cases except those g:Ten by the
present constitution exclusively to tht
court Of general sessions, to wit: Mur
der, manslaughter, rape, or attemp
to rape, arson, common law burglary
bribery and perjury and except lar
ceny, receiving stolen goods and breach
of trust, where the amount alleged tt
be stolen or respecting which there il
breach of trust exceeds one hundred
dollars, and that 1t should not be allow
ed to impose o sentence exceeding five
years at hard labor in the State peni
tentiary and that it should have juris
diction in all civil actions where the
amount or property claimed does not eX
ceed one thousand dollars, except tina
1t should not have jurisdiction to try 1
csse In chancery or to try the title t,
real estate.
'It should be presided over by
Judge paid salary Of from one thous
and to twelve hundred dollars per yea
and should have prosecuting attor
ney at a salary of five hundred dollar
per year. 1t should be court OF rec
ord and should have stated terms fo
the trial of cases once In each month
The constitution provides that tn,
juries in inferior courts shall be com
posed Of six mon. The jury in coun
ty court would, therefore, have to b,
composed Of six men, and all cases IL
such court will have to be tried by
jury unless jury trial Is waived by tn,
defendant In criminal case and tn,
parties in o civil case.
"a box skould be provided in which
tho names of one thousand persons
qualified as jurors should be placet
during January OF each year as Is nov
nrOYided for the cnnrLs of common