The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1913-01-08
A Pernicious and Demoralizing Practice.

Our attention has recently been call
ed TO the practice OF Magistrates issu-
ing warrants for offences which amount
to nothing more than the using of the
criminal machinery to collect debts;
this is not what the law contemplateS,
nor is it calculated TO win respect for
the majesty of the law. II there is
violation of the law, those invoking its
aid should not be permitted to compro-
mise for money consideration, once
the law is called upon to punish for its
violation, it becomes q matter between
the State and the party charged, the
prosecutor has 40 right whatever to ac-
cept pay to prevent the State from en-.
forcing the law. We are told that it is
frequently the case misdemeanor
is charged, and the person charged is
arrested and lodged in Jail, then the
friends or family of the arrested man IS
forced to make arrangements either by
raising the money to pay the debt or
giving mortgage on their property,
when that is done the crime is discharg-
ed by the costs being paid. This is not
right and it should not be permitted,
and Magistrates should be required, be-
fore issuing a warrant, TO make
thorough investigation to ascertain
whether or not crime has been COM
mitted or whether the purpose of the
prosecution is merely to collect debt,
and once he determines the law has
been violated and the warrant is exc
cuted there should be no compromise. !
It this rule is followed it is our opinion
that fewer warrants would be issued,
and those which are issued would have
such merit that respect fot, the law
would be maintained.
The country is at present in a very
demoralized condition, the farm labor
class is in the clutches Of an element !
who do not hesitate to use the criminal |
machinery to aid them in collecting !
debts with the result that labor is hard |
to get, and when it is obtained it must |
be purchased with the risk. of loss to the |
purchaser. Much ct the demoralizing |
conditions is due TO the Magistrates not
making an Investigation before issuing |
warrants, and unless the present prac.
tice is stopped it will grow worse and
worse until our farms will be without |
labor. and the tenants will suffer for |
the lack of securing advances.
The question is asked, why does not |
the law prevent this sort Of thing? We
answer. The law prohibits jailing for
oebt, but the fault is not with the law,
it is the indiscriminate use of the war
rant system by the Magistrates that en-
courages this oppression and demorali-
zation'. In seventy five per cent OF the
cases where parties are charged with |
-"obtaining money under false pretenc-
esq if permitted to 60 before jury
with ali OF the facts truly brought out
there would be found that the law has |
not been violated and no otfense has |
been committed.
What would the people think ii the
merchants would attempt to invoke the
criminal machinery to collect their ac-
counts? 1t often happens that an honest
man cannot meet his obligations, must
he be liable to be thrown in jail upon the |
pretext that he obtained goods by false
pretense? II that rule becomes the gen.
eral practice no man who undertakes to
farm or merchandise or labor for wages
is safe