The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1918-09-24

FOUR
trained Judges and the most gifted practitioners with
for we they accord with the wisdom ana
experience all the and they have come from nos
trained legislative not with the temper OF our people,
for they are justice loving The difficulty with the basis upon
which we interpret and render court decisions
Our legal machinery with the extreme slo"nes Months
required the getting cases through @
courts appeal taken the delay is not only added " Ou'
s sometimes multiplied.
This process highly The technical requirements
Of legal procedure are exact fact alone justice
times be being obtained by an impartial
eon repeated appeals result in
and brought to defea or e mere
of justice not matter OF wealth..
This fact often removing the right of justice
from within the need most If our laws repre-
spirit at ALL they are designed to estaoh
for however, that only the richer can al
ford claim their Whether the law is
perfect 1t takes more than con-
make equally available for ALL The process o
which it simple and must not be beyond the reach OF
ordinary purse.
All If this renders the results of litigation At the
beginning of case his conjecture of the
outcome the merits of the If either party ch
determined added chapter long story One side
financially appeals from court court
NAV decisions declarations OF
decisions not based the merits OF the case Ihy are
upon the technical exactude xacude OF the anu
involved Rial may another appeal be justified or
may be from the courts altogether
the problem Our Interpretation OF
laws simply deeply founded basis The
must be intended do rather than to wait for
PERIOD while the husk Of its formal expression DE-
ing tested point that the letter of the law
secondary to spirit"
For long time we have had two systems
law and equity. .
The of the law eth but that the spirit
maketh alive that the of the
founded the letter of the law and that equity has
always reflected its spirit .a.
The most important judicial officers during the developments tne
Roman praetors, whose jurisdiction coexensv
law courts and the chancellor The
praetors which exercised by Of formulas and
in which person appointed decide the facts called his
"ordinary the Republic there
another jurisdiction In arising under the
himself decided both the law and
the intervention of third party and unhampered by
any formula kind of action
"exraordna jurisdiction continued for long time side by side
with the ordinary growing until became
the only mode in common use itr
f. Under the Emperor Diocleon a. D. 2s all provinces
we've required manner and finally the rule
throughout the Empire This event in the Roman Jur1
prudence similar to the recent legislation
s7 of the American States by which all distnc
suits equity and actions at law have been aDohed
the conferred
Paeors introduced actions and new for
muas also new of the substantive law thus
enabling the old law, its
ness doctrines make them conform to the prn
cples of justice equity and refined morality
l. The new actions time time wholly different
and from that had existed under the od law"
by other the Paetors constructed
equitable doctrines which finally
upplanted Roman scent
uris of the known u.s.
Pandects and Institutes of Justinian. I;
many striking the development of equity
in English operated make it
necessary methods certain pursued and
principle results reached The differences arehowever
remarkable No tribunal department made necessary IN
willing do what
early English Judges absolutely performthat is
promote development the needs of an a
vancing civilization demanded.
densb while the Roman praetors accomplished every REFORM by their
jurisdiction, reserved unity in its Jurisprudence
retrospective the which the
law developed in England had its origin during the era
of nearly all the property