The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-18
Ertnllnai , lie sases are

| trtminaal eases. HE DIN bases are
not less worthy of consideration. The
clerk informs me-there are about 800
eaes pending for, trial on the civil
issue docket % the superior court
Every term INCREASES them in. greater
proportion. ahan thEy decrease. The
laws delay" as to these cases, par
ticuarly as to The smaller ines. is i
practical denial of ,jutice to the lit
giants. AS our city and county grow
in population and commercial bust
ness, unless We do Lrx and dispose of
these cases, the docket win become
more and more ccnG:src3 An intel
ligent civilization should afford stif-
feient terms of court, al any proper
cost, to try civil. and criminal cases.
It is conceded the superior court, with
more terms, would increase the imme-
diate expenses ofsfthe court, because
II would be disposing, Of the old Eases
and doing more Business, bu, aDce
abreast with the WORK tho -es.,,ar
business of the court would be dis
posed Of with less relative cost be-
cause of its quicker dispatch. But its
immediate add ional Co.'S would Lot,
III Ia CpiIAcAs OC SlCdlC NAdu Iuc
recorders court.
And the constant presence of the
superior court, Cart with 1t a;;-
thority and Importance, and promptly
executing its punishment of convicted
criminals, would act as a powerful in
f1uence to represo the committal Of
crime, in our midst, and suggest to
the criminal, who is more or less
afoot in the land, that New Hanover
is not his safest asylum.
CONCLUSION.
To conclude:
The proposed recorders court. as
to that class of police cases now tried
by the mayors cOCrt, cannot try them
any more promptly than they are
now tried and, where appeals are
taken from the mayor, they also
would be taken from the recorder; be
sides the mayors court is self-sus-
tanning, but not SO would be the re-
COrder's court.
AS to that class of cases tried Dy
the magistrates, in which an appear
is taken, the recorders court cannot
take jurisdiction by appeal, although
the bill provides it, because the CON
stitution prohibits dt; therefore, it
wOuld not in this class of cases re-
lieve the superior court of any part
OF it labors.
AS to that class of cases, in which
the magistrate may commit for prob
able cause but cannot try, this court
will take original Jurisdiction, yet
the right of appeal lies to the superior
court, where the prisoner may be
tried by jury, and that right will be
more often exercised than not.
Certainly, however desirable an In
ferior court may be in theory, under
the present constitution, such acourt
cannot be vested with power to SUI
persede the jurisdiction either or the
magistrate courts or the superior
court. The solution of whatever dill
ficulties exist is in more frequent
terms Of the superior court that both
civil and criminal causes may be
promptly heard.
The recorders court would be only
an inferior court. The superior court
is vested with power to try all cases.
It matters little which is the cheaper.
It is an efficient court we need. Cheap
courts like cheap goods and cheap
labor, are always the dearest-always
inferior"
These views of the proposed court
are expressed, as a citizen INC law
yer, without wish or purpose 70 enter
any controversy. They are con
tributed to the discussion Of the bill
without personal bias Or interest. I
leading no opposition. I prefer a
superior court. / am opposed to the
recorders court because I regard it
an impotent make-shift.
II IREDELL MEARES.