Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-06-05

L
in the early twenties of the past cen
tury Mills in his statistics, gives this
account of it:
1.-The new court house just finished
is an elegant structure, built of stone
and brick; the offices in the basement
story are made fire proof. The cour
and jury rooms on the principal floor:
are communicated with by a double
! flight of granite steps, ascending to
portico of the Doric order; through
which you pass into vestibule ant
from thence into the court room. This
room is spacious, convenient and airy
amphitheatrical in form with a spheri
cal ceiling. The jury rooms are 81
arranged that the space above then
and the vestibule serves the purpose:
of a gallery for spectators. The build
ing is 100 feet long and 43 feet wide
In 1892 this edifice was wrecked by
fire, and it's proportions ruined. MOI
few valuable records were lost.
The court were held thereafter for 6
few years in the Female academy, the
site of your present Graded school
which some years thereafter also fell
victim to the flames.
The house which was rebuilt upon
the ruins of the house of 1920, was
an architectural nondescript, and is
now happily gone out Of sight forever
Circuits court with jurisdiction
equaled to that of the court at Char
lesion, were prescribed by the act OF
1868; and they were to be held in each
Of the seven precincts; that for the
precincts of this section were held at
Camden.
But the act was not put into effect
for various causes until 1913; and 1t
was as late as 1889 before a circuit
court was held at Camden.
After 1871. until the end of the CEN
tury, the circuit court for this section
sat at Pinckneyville.
In 1893, the circuit court was ex-
tended to every county in the state
and amongst them the county Of York.
Before that, it was contemplated by
the act of 1885 that county courts
should be held in every county in the
state.
These courts were held by laymen,
sitting generally three together. The
three justices for York were William
Hill, Alexander Moore and John Nc
Lanhan.
County courts had been tried in the
beginning of the 18th century and at
it's close and on both occasions they
did not suit the genius Of our people
and were abolished. They were again
tried after the Civil war and were soon
repealed.
1t is worthy of note that although
the Constitution of 1895 permits Of the
establishment of county courts, not
one has been set up in the state.
1t is a matter of congratulation and
Of significance that the people of this
ststte--have for more than a century
demanded the administration of JUS
tice in a fashion which ought to call
for high service at the hand of the
bench and the bar.
Well may we pause today ut this
new expression of confidence in us by
the people of York and solemnly ask
ourselves if the laws Of the land will
be more wisely administered in this
l.
wooden house which stood here 13O
years ago: and if we are worthy of the
high confidence which this public act
of the people imposes upon us.
A notable lawyer speaking in anoth-
er state, has wisely observed, that
1.-THE highest proof of the capacity of
the people for self-government is their
submission to the judgment of the
courts. This supporting public opin-
ion cannot be insured without the CO.
operation of an intelligent, learned and
conscientious bar"
This means that we must control
our contentious spirit in the trial of
causes, and make the quest for error
subordinate to the demands Of JUS
tice" This is pregnant truth.
l fear sometimes it has come to be a
habit Of the American people to chal-
lenge every institution, every law, and
every practice of their country. That
is no healthy state of mind. But l
think the wisest and best Of the bar
of the state and nation have agreed
that substantive law and it's admins
tration has not kept pace with the
cOuntry's advance. The fault, if fault
there be, does not lie at one single
door: it is chargeable to the law-mak
ing power and to the judicial power
both, that is to the legislature and
the courts.
But the truth is, that in both these
departments of the government, the
fault is chargeable primarily to the
bench and bar: for the bar makes the
laws. and the bar and bench together
construe and apply the laws.
| have no desire and no purpose to
propose reformed judicature; but
sixteen years daily experience in our
courts Of justice with people and law
yers | think warrant me to make some
observation for the public good.
One of the most fruitful and irritat
ing causes of litigation and Of leeisla-
ton is our written constitution.
This instrument is an American de-
vice. and is straight jacket imposed
on well nigh everything except the
judges.
1t is true beyond cavil that there are
few fundamental rights which ought
to be put beyond the reach of tempor-
iZing public or private agencies; but
these are few and may almost be en-
braced in what is commonly denomi-
mated in the Constitution us the bill of
rights. Well nigh all the balance of
our state Constitution is an attempt by
a present to put unreasonable restraint
upon Il future. The state needs an
other Constitution. with only Il few
provisions. and they of the most fund
amental character. We lived a hun
dred years under an instrument not
third in length of our present ConSu-