Evansville weekly journal. [volume] (Evansville, Ind.) 184?-18??, 1848-01-07
"DoWN WITH PROBATE CoURTs,n

DOWN WITH PROBATE COURTS"
Such is the heading of an article in the las
State Journal, BY a correspondent and in trutt
the reasons given for wishing to dispense will
this auxiliary for auinding up an estate, strike
us as good and entitled to consideration. There
is no doubt that great Individual wrongs are
done repeatedly through ignorance, and often
through fayoriteism, in this Court, and it Is
high time the matter was looked into by those
having the power to correct the evil. We give
below the article from the Journal, and ma
refer to the matter again ourselves when WI
have more leisure than we can claim this morn
ing
Mr. Editor:I desire, through the medium
o tyour paper, to call the attention of our Leg
~lslature to our Probate Courts, and the evils OF
the system, and the necessity of change. This
matter has slumbered too long, and the wrongs
to northumberland indeed the expense to com
munity-which are now daily developing
themselves, should arouse US to action.
The Probate Judge is invested with as much
law and equity jurisdiction, in many cases, as
our other Courts. And who pray, is usually
Probate Judge?. A man unlearned in the law
often unlearned In any thing.
Children are defrauded-estates squandered
lands sold u~njustly, and creditors cheated
by the Probate Court, not wickedly but igno-
TantLy.
We sustain this Court now at an expense tC
the State of near $1,000. Its decisions and i'm
proper action, produce other suits-in otheI
courts-and the day is near at hand when GU
Circuit and Supreme Courts will be fully occu
pied with causes growing out of the illegal act:
OF Probate Courts, their officers and agents.
Now where there is much power, there
should be some knowledge to WELD it Alright.
AT present 1t is welded without knowledge.
l propose a remedy. Increase the number o
your Circuit Courts, and require the Presiden
Judges to do the Probate business. Lessen The
extent of each circuit and require the Judge te
hold three terms each year instead of two. LIE
there be certain days and times set apart fol
Probate business, during the term, and require
1t to be done by the President Judge.
Let all administration accounts be filed in
the Clerks office, and a published notice Civ
en- of the day and court to which they will bt
presented for confirmation.
Let no land be sold belonging to an estate,
for any purpose, except upon petition, notice
andpro0f otactuaL necesityfor such sale. Away
with all your motions and orders on them, and
old woman's fire-side judiciary, that beggars
oil OIpLldu " SuUScTNC d lEltliu, vi W luIlIl q
dolt-headed Judge discretion. The Lord help
us when we are subjected to such discretion as
that ofan Ignorant Probate Court,
And as a matter of economy, we should
change this system. 1t is costing us thousands
now, in the expense to our people, while try
ing suits and correcting errors, all growing out
of the action of Probate Courts.
But it will be economy in another way
The Associate Judges of our Circuit Courts are
useless appendages. They do no good. Nine
teen times our oftwenty they are mere cyphers.
Away with them, then. You cannot abolish
them but you can allow them only ten cents
per day, and then no one will set, or ifhe do,
it will cost us but little. As a general rule
ten cents is as much as they are worth. All
men agree that they are useless. BY this
course we will save about $1,000 a year, thai
is now paid by the people for Associate Judges,
throughout the State. Add to this sum $500
paid to the Probate Judges, and we have the
sum of 81, 1000, with which to regenerate and
improve this abominable Probate system.
To do 1T let us make five new Circuits, and
throw all the business into the Circuit Courts.
Pay your President Judges $1,000. per year,
and they can then live and do their duty.
To do this, our account would stand thus:
For the present 10 Judges add 5000 each, .....S $4,000
For 5 new Judges, 5000
Total,
Amount offund saved from Probate Courts and
Associate Judges, $4,000
Balance saved to the people every year,.......s44O
Now think of this, and remember. too, thai
not orly is it economy-an actual saving to the
people-but also, that by this saving you have
placed the administration of law and chancery
powers, in the hands of officers whose live,
have been devoted to learn how to administer
them right. MARION.