Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-05-23
Abuse of the Riaht of Appeal.

Probably our civilization, as perfect
as it appears to many now will never
reach a point where it will not still be
subject to very material improvement
along every conceivable line.
There is certainly room for i'm
provement now, and the places In
which this Improvement is needed are
so numerous that it would be absurd
to try to mention them all.
Still the most important feature OF
our civilization, outside Of the res
possibility of every individual to the
rules of right, is the general public
responsibility of all individuals for the
proper administration of the laws.
There are those engaged in hun
dreds of different orderly pursuits
who say they have nothing to do with
law, and they actually believe this
to be the case, because they are total
| ly oblivious to the fact that except
for such law as is recognized and en-
forced, they would be deprived Of the
greatest boon they are now enjoying,
the right to pursue happiness.
While it is no doubt true that by
far the greatest guarantee we now
have in this country for the main
tenance of law and order is in the
| God fearing character of private cit
| liens, it is also a fact that except for
our written laws and a reasonably
earnest effort to enforce those laws,
| those who contrived to live at all would
soon find themselves in a condition of
social chaos with their hands against
every man and every mans hand
against them.
But while law and the enforcement
of law are essential to the we'll being
and happiness of society, do not let it
be forgotten that the laws in them
selves or the man whose business ii
is to enforce them stand for all in all.
or are more than half sufficient.
Throw around our laws and their
enforcement all the safeguards we
oaths. ETC., still the fact remains that
efficiency depends more on the per-
sonal equation-on the honesty and in
tegrity-the inspiring motives of the
men who enforce the laws than upon
any and all other considerations.
The constitution of South Carolina
as does the constitution of any and
every other state in this glorious land
of liberty, guarantees to every man
convicted in the lower courts of crime,
the right of appeal to higher courts.
This guarantee is a wise and proper
one. especially since it's sole object is
to guard against error and wrong in
the court below.
AS to what may constitute error in
most cases involves questions of the
greatest nicely, and often they cannot
be decided except by an able tribunal
far removed from the least possible in
terest or prejudice. At the same time,
it does not infrequently happen that
for purposes of anneal there are set
up as preteXts alleged errors so alb
surd on their face that even a ten
year-old hoy can comprehend with
clearness their dishonesty.
No written rule has ever been es-
tablished whereby meritorious grounds
of appeal can he distinguished from
grounds that are not meritorious. No
such written rule will likely ever be
established because on its face it is
manifestly impossible. What would
he very just in one case might be very
unjust in another.
But since the object of the courts is
to establish truth. after truth has