Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-12-08
OUR coNGEsTED DocKETS.
Attorney General Thinks Relief Is to
Be Found In County Courts.

Be Found In County Courts.
Foreseeing several years ago, the
time when our existing judicial system
would became inadequate to the de-
mands that were being made upon It,
THE ENQUIRER strongly urged the es-
tablishment Of county courts, as pro-
vided by the constitution, to relieve the
circuit courts Of responsibility for
large amount of the petty litigation
that now takes up so much Of Its val
liable and expensive time. The subject
received pretty general consideration
throughout the state; but, probably be-
cause the proposition was little In ad-
vance Of the time, sentiment failed to
crystalline. There was a strong ele-
ment in favor Of the establishment OF
additional circuits, and another strong
element believed that the desired reme-
dy could be had through special courts
Attorney General Gunter has been
preparing a well-considered and COM
prehensive report to the general assem-
bly, on the subject, and the Columbia
State Of yesterday, publishes an outline
Of his views. Mr.. Gunter Is evidently
satisfied of the necessity for change
He does not think much Of the special
court system, for the reason that IT
is wanting in stability and certainty
and "the hybrid function Of practicine
attorneys and judge is inherently un-
satisfactory and inconsistent" He
thinks "the interest, favoritism and
caprices of the former cannot, in the
nature Of things, be temporarily d.
verted to assume the judicial poise
of the latter"
Mr.. Gunter thinks that as between
special judges and two extra. circuits
argument in favor Of the latter, both as
to expense and effectiveness; but he
seems to be Of opinion that the county
court idea promises to be more satis-
factory and effective than either Of the
other plans. On this subject he says:
Another solution suggested is the
county courts. This Is not new
scheme to our jurisprudence. In 17S5
an act providing for county courts was
drafted and passed by the Jealous ef-
forts Of Mr.. Justice Pendleton, one OF
the associate judges. The reason as
court system was found inadequate to
the due and equal administration OF
justice The constitution Of 1895 per-
mits the general assembly to establish
county courts, but before establishing
them the proposition must be submit
ted to the people.
"There is an act now allowing the
question to be submitted and providing
for the courts, but it Is operative In
only four or five counties. Under the
constitution county courts can never be
invested with jurisdiction to try cases
Of murder, manslaughter, rape, or at
tempt to rape, arson, common law bur-
glary, bribery or perjury. To invest
county court with jurisdiction over
other offences now in the jurisdiction
of the court of general sessions would
relieve that court to marked extent
and as the civil jurisdiction can be
extended as the legislature deems ad-
visable, the opportunity to relieve the
circuit court is great. Under the pres
ent county court act in criminal pro-
ceedings magistrates have power only
to commit and in civil matters where
less than $25 is involved. OF course
il the remuneration Of the magistrate
is reduced according to the work the
saving in most instances would aid In
paying the expenses of the county
court and the shortened term Of the
circuit court would probably offset the
expense of the county court alto
gether.
1.-The salaries paid and the conduct
OF a county court generally depends
so much on local views and influences
that it Is really hard to estimate the
financial effect of county courts, but
that such courts in counties that car
maintain them would greatly relieve
the circuit court Is too plain for COM
ment."