The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-03-07
A COUNTY SOLICITOR

in this circuit last summer is stated
to have said at Greenwood that the
best legal talent of the eighth circuit
was not the race for solicitor. We
do not say that he was correct in the
statement, nor do we say that he was
not correct. In many circuits, it may
be said the office of Solicitor is not
held by a lawyer of commanding
ability and of large experience. The
primary election laws as administer
ed in this state have had their influ-
ence in putting men of medium or
low ability in the Office of solicitor as
we'll as in many other offices. The
fact is that the time is fast approach
ing when it will be impossible to get
good men to offer for Offices of any
kind. =
But if we had the best trial law
yer in the eighth circuit, we do not
know that he would get better results
than are already had. The fact is that
it would be hard to find a better pros
ecuting attorney than Governor
Cooper proved himself which he was
solicitor of this circuit. The results
he obtained in the Office were not
better than the results obtained by
\ Mr.. Blackwell, lawyer of less expe-
rience at the bar. :,
What is really needed is a prose-
cutting attorney in every county. The
trial of cases depends, not alone on
the ability of the lawyer who handles
the case in the court room, but also
upon the proper preparation of the
evidence in the case, and then its
proper presentation. A prosecuting
attorney in every county, knowing
the witnesses, and beirg abe TO ac-
Quaint himself with the facts of every
case, would be in much better posi-
ton to present the cases to the jury
than a lawyer from another county.
There would be other advantages
in having local prosecuting attorney
There are many cases which should
never be sent to the circuit court, but
which find their way there. A local
attorney conversant with the facts
could have these cases tried by the
magistrates of the county or throwp
out. There are cases which a local
attorney would know in advance
could not be tried at a given term of
court. In these cases there is no rea-
son why the witnesses should come to
court at the expense of the county.
In all cases the magistrates, who are
not versed in the law, often bind over
witnesses who are not material. A
county attorney by investigating the
cases to be tried might discover this,
and save the county the expense of
bringing these witnesses to court. In
other cases there, are often material
witnesses who are not bound over. A
county attorney would discover this
in advance and have the witnesses a:
court. A county attorney should be
charged with the duty of attending
all inquests and with making an in
vestigation in advance of all cases
which he expects to present to the
grand jury.
A county attorney charged with
these duties would be ready to pro-
ceed with the court the day the con-
venes. He would know what cases
were to be tried in advance and he
would have the witnesses present,
By having only those who are needed
he might save enough to the county
in witnesses fees and in time which
would otherwise be lost to pay his
salary. On the other hand the ends
of justice would be served. Men charg
ed with crime would be brought to
justice promptly and their cases dis
posed of.
Even if these county attorneys
were elected by the people, we are of
the opinion that as good men might
be obtained as the men who now fill
the office of solicitor in the different
circuits. We think it would be better
to have these officers appointed by
the governor by and with the advice
and consent of the senate, but with
o,,t po,uor in tho senator from anv