The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-31
TIME TO REFORM THE PEOPLES
COURTS"


court as high as the community con-
sidered the enormity of the offense de-
handed. cannot. of course, remotely
excuse or palliate the lawlessness of
the mob engaged in overriding the
right to fair and impartial trial
which is sought by the Constitution to
be preserved to every man.
There is, however, the reflection
that the failure of the magistrate to
live up to what the community had
right to expect of him became un-
bearable by, reason of it's repetition
generaiy in Craven county. If indeed
the lynching was the direct result of
the smallness of the bond required
and the fear that the prisoner would
thereby escape justice, the action of
the magistrate merely marked the
breaking point of public patience with
the shortcomings of class.
Ever since it's beginning the prob
lem of the magistrates-as they were
formerly called 1.-The courts of the peo-
ple"-has been a battling one; with
late years, marked by an increase in
their numbers. it has come to be
fraught with. a very grave danger.
One of the clearest duties of the next
few Legislatures will be the devising
and perfecting of a system of courts
for the trial of small litigation and
offenses which will have the confidence
of the people in their able administra-
ton and at the same time afford a
speedy and not too complicated forum.
for the settlement of dispute and the
final disposition of crimes under the
grade of felony. Popular as it once
isterial system can much longer OBJ
tain, certainly not in it's present form
when the appointments serve as the
easiest method of paying political
debts, when the average intelligence
of the encumbents is frequently some
thing less than high school grade and
public confidence in their integrity and
fair dealing in many cases we'll nigh &
thing of the past. Yet, with large pow
ers, in some instances in the case of
poor men with powers that are practi-
cally absolute, the magisterial office is
so placed by the law that 1T cannot be
taken and attended to as a business
except by u class who have no trade
or other paying occupation; and here
comes in the vital point that living
out of the business of magistrate
can only be made by the active stir
ring up of petty litigations and the
forced trials of small chickering's which
were vastly better left alone. Between
the embodiment of the unsuspecting
in small trials and the holding out of
the magistrates courts to the vicious
as place of immunity from the conse-
quences of their acts on the payment
of COSTS the office has come to be
feared by the simple minded and be-
loved of violators of the law. So that,
as condition., and in spite of the oc-
casional magistrate who, by strict
honor and integrity. is maintaining the
old high standard, it is a menace to
society itself
In the old days the magistrates, two
or three to large township, were the
Best men of the community, chosen
for the respect and esteem in which
they were held by their neighbors.
There was then a dignity and an hon
or attached to the title of Squire
which has been largely lost of later
years Sadly enough the fact that
man is now occupying position of
great Importance by reason of the
powers which devolve upon it, is Of
ten a reproach rather than distinc-
ton. To live from the office the mag
istrate must procure fees. If there
is no business, he must make it. In
such position he is ripe to evil sugges-
ton too often ready to be corrupted.
That in almost every town such and
such a magistrate is known to be
long to such and such lawyer is of
itself. enough to demand the revision
of the system.
What ). the remedy should be.
whether the entire abolition of the Of
flee and the substitution Of the old
county court system, whether the mag
istrates should be apportioned in
paid salary for the performance of
their duty. it is now idle to suggest.
The fact is that the time has come
when the abuse of the magisterial Of
flee should be stopped. Another thing
with which observant men will agree
is that every city should have a court
with "a judge, inferior of course to the
Superior court. but of comprehensive
jurisdiction over matters both crimi-
nal. and civil. The chief argument in
favor of the magistrate has always
been his availability. In the cities
court sitting every day would be
quite as available. In the country, if
need be, there might be two or three
magistrates to a township who would
be. good men and quite capable of per-
forming the duties required of them.
The indisoriminate appointment of
magistrates by the hundred for every
county can lead to nothing except lax
administration and humiliating eXper-
fence. .i.,..e