The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-04
Consolidated Aug. Q. 1881
LAWYERS URGE REFORM.
SOME CHANGES AS
TO COURT PROCEDURE.
Important Report Made to Members
of South Carolina Bar Association
Rotation of the Judges.

One of the next important reports
made before the South Carolina bar
association is that by the committee
on administration and remedial pro-
cedure. Suggestions Of vital impor-
tance to the people of the State are
made and every line will be Of in
terest. The report says:
This cominitte is charged with
the duty of observing the practical
workings of our judicial system, Of
entertaining and examining proposed
changes or reforms in the same, and
of recommending such action as it
deems expedient.
Every lawyer who practices in any
OF the courts of the State has in
mind imaginary reforms in the pro-
cedure which TO him seem expedient,
but which to others would not So
seem. Therefore. in matters Of minor
importance IL is not always wise to
make changes. or to advise changes
simply because such changes may
seem to promise results.
There are some changes, however,
which might be made in the proceed
ure OF our courts, in civil actions
justice.
On tissues"
II. In all civil cases of any length
triable by a jury. 1t appears to the
committee that more satisfactory ver-
diets would be Rendered If such cases
were tried upon issues Take for ex-
ample an action to recover real prop
erty. Ordinarily in such actions sew
eral questions may arise. as for in
stance. (a) Has the plaintiff estab-
lished title to the property? (b) Is the
defendant in the possession thereof?
(c) Is the possession adverse? (d)
For how many years has such adverse
possession continued? (e) Is plaintiff
estopped from claiming the property
az against defendant? (f) Is the de-
fendant purchaser for value with
out notice. etc? By framing these
issues before the trial Is commenced
the attention of the jury is directed
to the matters which they must try.
The intelligent juror is, then enabled
to apply the testimony to the sew
eral issues as II Is given, at the end
of the testimony the jury is charged
as to each issue separately, what
facts are necessary to establish a
cause of action OF defense, with the
law applicable thereto; whereas, If
the general issue in a given case be
submitted to jury, 1t is impossible
for the members of the jury to keep
and to form an intelligent idea Of
the law applicable to each issue sep
arately. with the relation one issue
may or should bear to another.
Careless Law Practice.
"2. We do not believe that the
Of reversals by our supreme
court with regard to practice and
procedure Is due to the fact that our
procedure needs simplifying. Upon
the other hand we think that a great
many Of the reversals are due to
the fact that too many attempts have
already been made to simplify the
procedure In our courts with the re-
suit that lawyers no longer study the
procedure and practice Of the courts,
and we have an army Of lawyers
practicing law in a loose and careless
way so far as the matter Of pro-
cedure Is concerned. No litigant
should be denied his rights upon tech
nical grounds Of procedure or prac-
tice. but no litigant should be allowed
to present his case To the court. ex-
cept by a lawyer who had made a
careful study OF the practice and pro-
cedure I'm our courts.
SummOning Jurors.
"3. The manner OF summoning
Jurors and witnesses in our courts TO
day is the same as II was 100 years
ago. before we had adequate mail
facilities. and before the use OF tele-
graph and telephone messages. There
Is no reason why appropriations OF
several hundred dollars should be
made by Abbeville. Rlchland or any
other county In the state for the pur-
pose Of summoning jurors, = wit
ncsscs by the sheriff. while the clerk
of court might simply notify such
witnesses or jurors by mail that their
attendance is required by the court
ON certain day, and when such at
tendance might be enforced by a stat
a. l. l.. :.