Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-01-27

hunyng over the important circuit court business they
would retire and leave the associate judges The
sequences were il only doubling the probate judges
having two 50 per day instead Of judge 81 per day
as
The adding circuits to the present number or or
der TO place the probate business n those courts only
adding the Of the judges of those
Where then, the advantage The circuit system
proposed, was the Of economy and In poll
cy: this county, alone, thrIe would be courts
nearly onehah the yeargving time the other cOun-
ties the circuit Would not be better
business by would be better done and
less expense attend it, II change be made should be for
the BETTER and not for the He preferred the Probate
system, existing than to throw business in the
Circuit Courts. He thought BETTER il change be made
10 erect a separate Probate system.
Mr. Durham proposed. substitute that the word sur
system be adopted. He said there would doubt
the Proprieiy Of change. IL necessary. The
intricate points Of law in Probate courts The
judges should be skiul IN the law. Children
norant persons concerned important inter
concerned The Judges Of the system are
not skilled in points that do frequently arise in these
Inducements for talent must be thrown out What is the
inducement existing None at ALL If do not
pay Judges sufficient, have capable.
Men who have capabty, will direct their attention other
business or course, then, who cyphers BY
The side Of the clerks, placed in that import post
| He favored the surrogate system in preference
The probate circuit pan-gylng the clerk Of the circuit
surrogate powers. One objection this was that
1t was making clerk his DEGREES; but the
same objection arose IN the ohers-It ia the mag
lsrales Besides, the records public records par
ties had right 10 look them, and would be coutinu-
ally doing so. The clerks now, generally the pro-
bate judges it would not lhe be making The pian worse
would be betierng IT. for whenever man desired it,
he could and transact busness-ihe clerk keeping Of
fee open all the me business rould be transacted every
day; while, If courts established, there be stated
times only To transact business.
Mr. Orion agreed with the gentleman that this was the
most important matter that had been before the House.
The people looked upon this subject with earnestness
Where present system sought TO be abolished, the
iquesOn naturally aIlses, what meth shall be adopted
in its place He favored the surrogate system.
In point of expense-ihe surrogate be the clerk
and judge must be kept open constantly in every county
OF the State; then The surrogate should be well
well qualied-the salary could be less than $500,
each county-tha would make aggregate expense Of
$4,000 But if the Probate circuit system is established
there should be at least Is ccusthst would be
Sl44OO at $500 salary TO each judge if the salary is
SlOnO, then 1t would be doubling the aggregate
But by throwing the business in the circuit courts-by
making obligatory that the Judges do the business that
they shall not hirk it, could be done less expense By
erecting the additional circuits there would be an
additional expense of 81 900 only.
Mr.. Keller thought it proper time investigate the
appropriateness of change There was great part of
the wealth OF the State had pass through the Probate
courts.
He was in favor of wiping all the present system as
found in the revised code s43-and some plan adopted
making probable that the business in the Probate courts
should be settled time other He wished every
thing begun anew. He remarked that Judge Hanna, Of
Allen county, had system of Probate business that
ne only sytem in Allen county He would conclude by
widows and orphans.
Mr. DeBruler said the present system susceptible
of improvement-and might be improved. He thought
the proposition of erecting circuits and throwing the
business into the hands of the clerks of the several
ruaght with some danger They generally were not legal
men, and not more capable TO do the business than the
Probate judges He thought it would be attended with
J, more expense than the surrogate system. Sumogates
could have fees in addition a small salary say $780,
where the business in counties would be sufficient in
ducement for skiul 10 the way of fees then make
the salary large.
q Mr. Terry sorry that this resolution came before
the House at this tme-t calculated to foresta the
action of the judiciary committee. 1t would soon be
ready TO report bill upon the subject He preferred
to transfer the circuit the probate business The
primary object OF the judiciary committee would be
place the clerk Of the court in the executive stua-
ton, subject TO the of the circuit Also
that when the court makes order Decree the
# IN chancery performs it, and not the clerk
. The committee would have also provision in their
bill, making obligatory have certain days apart at
the beginning of the probate business
Mr. T. then went on to state further provisions of the
:, contemplated bill
!, Mr.. Dole had the objection surrogate system
that there counties that could not support the
surrogate He proposed that where the number of polls
circuit should oeio be surrogate. This amendment
1 was accepted by Mr.. Durham.
Mr.. Harvey said that many of the counties could
support person as surIOgale-iees were not sufficient
III the population OF the State much greater than is
now il might probably do He certain, howev-
err that il would do to make any change.
Mr. Wolfe did not like the surrogate system The clerk
was his Judge The adoption Of this system would,
he thought, efectualiy destroy probate business.
- Mr.. Thompson of q. was decidedly opposed to any
change in the present system If any change made
should be for The better The present system he pre-
to any other that had yet been proposed Ofeys
let US choose the least.
Mr. Frazier said the present system was great evil
for the reason that it was done by judges who in
competent 10 solve question that presents ITSELF Men
competent wanted-how they to be obtained
1t would do TO Law heavy taxation, would be
sent with instructions repeal the laying the He
had calculated the expense, and thought would be bet
transfer the business the circuit and from
what he had heard of it, he thought the plan to be pro-
posed by the judiciary committee the best He
thought the surrogate SYSTEM the present of
population would not do Ii would be but partial
f operations, and local legislation would he necessary
Mr. Cookery said far he concerned,
rogate system would be the BEST He thought il would
be better and cheaper plan than the circuit sys
tenn. The President Judges would shrk-it could be
done. Their salaries would have be increased, the
terms would have TO be increased, if FIVE cir
cults inside. If the surrogate system could not be
had he would prefer the probate system but
Their than not have change, he would 60 for the circuit
= court system.
The discussion continued by Messrs Durham and
Lowe.
The House adjourned.
The DEFENcEs ABOUT MExIco.-The Savannah Re-