Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-01-17


save the people in judgeship elections
in South Carolina. Do you think that
the opening in a hotel of headquarters,
where whisky and cigars are kept for
the use of members of the legislature,
can be made any worse If the judges
are elected by the people? Do you
think that judgeship headquarters, set
up in an office or in hotel, sending
out a string of little c'eap political
lobbyists, running around among the
members of the legislature, election
eering to promote a man to the chief
justiceship of South Carolina, can be
made any worse If judges are elected
by the people? Do you think that a
combination to the effect that II A ana
his friends will vote for for the su-
oreme court, that BIS friends and the
friends of C, who is to be solicitor,
will vote for A for circuit judge, and
that if C's friends will vote for b for
the supreme court and for A for cir
cult Judge then their friends will help
9 to be solicitor-do you think, gen.
tlemen, any greater or worse, or more
involved combination than that can be
made, or any more petty politics can
be PLAYED than the working of COM
bination like that, if judges are elected
by the people? Understand gentlemen,
nobody charges that such things have
been done Oh, no! / would not think
of making such a charge. We have too
high a judiciary. But l ask you, II 1t
has ever been done, can the people be-
come involved in a combination In
judgeship election that will surpass II!
Again, if E will do all he can for D to
be Judge, D will do all he can to help
E to be solicitor. Is that political
combination, or is that high politics IN
iudgeship elections by the legislature: ::
No, gentlemen, the people are entitled
to a voice and a vote in the election OF
their Judges, and l am appealing to
you to give the people that right; and
whether l ever run for another politi-
cal office or not. l will be invited to
make speeches somewhere, at some
time, and whatever gathering l may
address in the future l shall ask the
people of this state to take this ques-
ton under consideration, and ask
them, if you do not give them this
right, to demand that the men VINO
run for the legislature in their coun-
ties next time pledge themselves one
way or the other upon this all-impor-
tant question. Why should the judges
be above the people? They, too, are
of the people; they are human beings;
they are subject to the same tempta-
tions, the same passions and the same
desires as other men are. And why is
it that our judges are not reverenceo
today as they once were? l recall
when Joseph B. Kershaw, William H.
Wallace, A. P. Aldrich, Thomas b.
Fraser, the elder, and men Of that CAL
ibre, came to our town in the years
gone by, the old men and the young
the square, would raise their hats as
thew said, Good morning" or Good
evening, Judge" Sometimes you would
see an old fellow go up with tears in
his eyes to one of these men to say,
''Howdy, general" some old soldier
who had fought under him in the face
of the cannon-and you could see the
intense love and devotion the whole
people had for the judges. Is 1t 50
today? If not, why not?
It may be urged that you will get
better judges by letting the legisla.
ture elect. Well, gentlemen, / will
not express myself upon this-1 might
be called a partisan-but l refer you
to the list of judges and to the deci-
sions Of our courts, and let you pass
upon that for yourselves. You woulo
have to raise the salaries II you want
Improvement in the judiciary and you
should raise the salaries of the Judg-
es, because almost any lawyer, even
practicing in a small county seat, can
make as much money as the salary
YOU pay one Of your circuit or su-
preme court judges. But l nave al
ways heard it said that the lawyers
fees are paid by the ablUty the law
yerS display.
This is a living issue, gentlemen; 1t
is one for YOU to meet; and / beg you
to give the people an opportunity to
pass upon it for themselves, and to
say whether they want TO elect their
Judges or not. You can only pass an
act submitting the constitutional
amendment to the people, and II they
do not want it, they can vote 1t down.
But l guarantee you, If you submit II
to them, that instead of two-thirdS OF
the people voting to take this power
into their hands, the vote for 1t will
be well-nigh unanimous And l be-
lieve that some of our present su-
preme court and circuit judges would
welcome the change, because they
would not fear to face the people OF
their state, standing upon any decision
they have made in any case, knowing
their decisions have been intelligent
and made from an honest heart; and
they are willing to abide by any deci-
sion the people may make.
illness of Judges.
l respectfully recommend that you
pass an act requiring the chief JUS
tice of the supreme court to have in
his hands the certificate of a first
class. reputable physician. that any
circuit Judge who is to be excused
from holding his courts. and another
appointed in his place. on account OF
illness, is in such condition that he is
unable to hold court; and that no spec
ial judge be appointed to act for any
regular judge unless such certificate is
in the hands of the chief justice.
AS a matter of fact ! think when
any public official, whether he be
state or other officer, reaches that
point in his life, either by reason of
age or as a result of illness. that he
becomes incapaciated for the work of
his office, he should resign and allow
some one else to be appointed who can
do the work and be a proper repre-
sentative of the people. and not con-
tinuously hold on, even though inca
pacitated and with no hope of being
restored to such health and manhood
as will enable him to discharge the
public duties he has been elected or
appointed to discharge. and for the
discharge of which he is giving no re-
turn. 1t is a delicate matter to ask
him to resign: it is much more
delicate matter TO pass resolution
by two-thirds of your body request
ing his removal; and it does seem
to me that his self-respect and his
love for the people should cause him
so to act that the people will not be
required to pay additional taxes to
secure somebody to do his work. 1t
would be better for you to pass an
act retiring him upon a salary. and
then put someone in the position to do
the work rather than continually to
be picking up new men. with no eX-
perience, temporarily to fill his po-
sitiOn, often involving the most Sc
rious and most important matters.
Conclusion.
In conclusion gentlemen, | desire to
call to your attention the reports of
the various state institutions and of
the various state officers, as evidence.
conclusive and indisputable. of South
Carolinas' wonderful progress along
material and educational lines Hand