Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-11-13
COMMUNICATIONS.
Probate Circuifs.


Inc writer is well aware of the risk one encoun-
tiers who proposes or advocates change If systems,
winch nave been matured by time, and received,
hcgatNeiy the sanctions Of experience But II should
be borne IN mind that perfection IS not the work Of
y gay OF year. No system Is perfect that IT may
not be improved. LET well enough alone is may
i'm prudent as old. Bat because system has been
long IN practice aud apparently has been successful
we ought net to conclude at is tie best that can
be devised Were this the ease, all the abuses In
government and all the heresies in religion might
4 be justified and defended. The British nobility with
much dogmatic poSitiveness, contend that limited
monarchy Is the wlseSt and best form of government
known to the world, while we democratic Americans
rdlcule tie opinion Of the English nobility, and in
sist with equal dogmatism that a Republican govern
ment is the wisest and best ever devised by man.
And yet the monarchst has the benefit to be derived
from the antiquity of the system his side. The
TACT Is, antiquity really proves nothing. The world,
1t is hoped Is growing both wiser and better old sys-
TENS are daily succeeded by new We ought to
be wiser tomorrow than to-day, next year than this,
because then shall have had the experience Of an
other day year added to our stock of knowledge.
These general remarks might be applied with much
truth to the system Of Probate Courts as at present
organized in this State. 1t is difficult account for
the long continuance of the SYSTEM defective in its
organization, or at least in lis constitution upon any
other ground than that it has drawn around it the
sanctity of antiquity. The propriety Of change in
the system has frequently been discussed by tie Le-
gislature; but change has been effected. The
Representatives have always shruak from Ia ing the
responsibility of making a change, while the people
have never sufficiently discussed the proposition to
see or feel lis necessity or Importance. The PROBATE
Courts of this any State really Of greater I'M
porance TO the whole people than the Circuit Co:ts.
1t is fated unto all to die. And therefore the
estate of every individual is liable to be settled and
disposed OF under the supervision and Adjudication of
the Probate Court. These Courts rise in importance
when we reflect that in addition to the powers uaua
y granted to such in other States there is -u-
peradded concurrent jurisdiction mall in law
and in equity wherein executors administrators guar
dams or heirs parties Every practitioner knows
that in almost every ehancery suit one the other of
these classes OF persons is party, that the jaIis
dction CT the Probate Court in equity proceedings is
nearly co-extensive with that of the Circuit Court.
Why then should not the presiding Judge of the one
be well skilled in the law and also in the practices
and usages of the courts, the presiding Judge of
the other Nay, is it not important that the
Probate Judge should be good lawyer than that the
Circuit Judge should he enc Such is the opinion of
the writer. Suits, involving he title to properly
worth thousands of dollars, are frequently commenced
in the Probate Court and heard and determined in the
absence of all the defendants who perhaps arc infants
IN the cradle. Such cases these are Of frequent
RI occurrence. And such Pdrte surely ought
to be tried and determined by the best of Judges Tie
Legislature acted wisely when it decided that the As
sociate Judges of the Circuit Courts should hear
and determine chancery suits in the absence of the
President Judge. Why then is it permitted that one
man in the Probate Court NAV do What II las forbid
den two persons, equally well qualified and compe-
tent TO transact, in the Circuit Courts The fact is,
no man who has not made the law his study is quail
fed competent TO try cause either at law or IN
equity, where important legal principles or difficult
questions of practice involved II may be asked
what is the remedy and how shall it be applied The
e remedy Is obvious and easy of application Place
the Probate Courts equal footing with the Cir
cult Courts. In word establish Probate Circuits
Let competent Judge be elected by the Legislature
by the people. If it be thought best lei the Pro-
bate Courts have concurrent Jurisdiction with the Cir
cult Courts IN all chancery ask what obec-
ton can be urged against this plan VIII it be said
that this system viii be more expensive than the pre-
sent one This is denied In this (the 2d) Judicial
Circuit all the Probate Judges receive in the aggre-
gate about five hundred dollars annually their sala-
res. So far as economy is concerned then, this
amount might well be paid TO Judge as to sew
eral If we had competent Probate Judges large
proportion of the chancery business which is COM
menced and determined in the Circuit Courts would be
transacted in the Probate Courts, Of course as the
business of the Circuit Courts diminished their terms
would be shortened and consequently portion of the
expenses incurred by the attendance of Jurors would
be saved; sufficient at least to make W the balance
of the Judges salary Besides this, such arrange
ment would decrease to great extent the amount Of
business in the Supreme Court Of the State Il Is
S well known fact that the business of the Supreme
Court has greatly increased within the past few years.
large portion of this increase of business has been
caused by the proceedings In the Probate
Courts Either this quantity of business must be dimn
shed the number of the Judges increased. One
remark, and will close this communication. con-
siderable portion of the litigation relative to land IL
ties originates from the defective void proceedings
of the Probate Courts. This single fact Of itself
ought to show the necessity of a change.
e BrornStolrn, Nor. 3, 1915. E.