Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-12-13
NO MORE J. p. IN HIS.
Disguised Magistrate Declines to
Stand for Reelection.

Col. ]. Cotton Lynes, formerly Of
Yorkville, and known throughout Geor-
gia for his courtliness and scholarship,
says the Atlanta Journal, has had his
first adventure as q justice Of the peace
and he Is determined that 1t shall be
his last. His reasons for renouncing a
public post which divers men would
covet, and which he himself originally
accepted with no little enthusiasm, are
so full Of pith and suggestion that they
merit review.
Some five months ago, when a va
cancy occurred in one Of the justice
courts Of Atlanta, Col. Lynes, yielding to
the pressure Of his friends. became
candidate for the unexpired term; and,
Of course he was elected overwhelm-
ingly. He regarded the office as pub
lie trust and an opportunity for ser
vice. Sir Roger de Coverly himself
could never have attended the country
assiZes with a better will or finer
purpose, than that with which Colonel
Lynes assumed his new duties.
Indeed, 1t was in the light Of English
tradition that he viewed the "J. p" Of
flee. He recalled the words of the Old
chronicler that these justices were the
most sufficient knights, esquires and
gentlemen Of the law" and Black
greatly indebted to any gentleman who
will undertake to perform that duty
which, in consequence Of his rank In
life, he owes more particularly to his
country" He was not unmindful OF
the fact that in Atlanta and other large
cities, grave abuses had been charged
to the u. p" courts, but these, he was
persuaded, must be the wrongs Of in
dividuals, not vices inherit in the sys-
tenn itself.
Such were his views q brief five
months ago. But his actual contact
with the office has convinced him that
the contrary is true; wherefore he an
nounces that for no consideration will
in politics may do we'll enough, but the
scholar on ~. p" bench is handicap
ped beyond hope; such, at least, is the
moral of Colonel Lynes' experience.
No sooner had he begun his duties
than he noted the temptation to which
bailiffs are exposed through the fee
system. One evil after another glared
forth under his very eyes. He set him
self firmly against these abuses. but
he found, to his Encouragement, that
they would not stay banished. His
comment in this connection Is interest
ing: .
THE office depends, says ne, upon
its fees to support It 1t is, therefore,
natural that the justice should endeav-
or to increase the business in his court,
and the result Is that he becomes bias
ed in favor Of the plaintiff. Persons go
to him in the first instance, to advise
with him about instituting proceedings,
and as every suit brings fees into his
pockets, he is naturally In favor OF liti-
CATION. Then 1t happens that having
advised the plaintiff to bring suit he
is expected to decide In his favor The
result Is that one sees, instead OF an
impartial Judge, an attorney for the
plaintiff trying the cause with an eye to
his fee It Is misnomer to call such
a magistrate justice Of the peace-he
Is a stirrer-up Of strife"
Colonel Lynes has done his utmost
to remedy the evils he noted, but he
has found his effort unavailing and,
so, in disgust over the system itself, he
gives up his office. In the light Of such
an arrangement from such a source,
what Georgia city can afford to con-
tinue the present ~. P" system?
At the last session Of the Legislature
there was enacted law whereby the
larger cities of.the state are authorized
to abolish their justice Of the peace
courts by a popular vote and to substi-
tute for them municipal court, or
courts that will be efficient agencies Of
true Justice. Surely the progressive
cities of Georgia will not fail to profit
by this opportunity.
In the country districts and small
towns, these justice courts still serve
their rightful purpose, but in crowded
centers Of population they have become
in many instances, mere tools for ille-
gal money making; and not infre-
quently they are instruments of inhu-
man oppression.