Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-12-29

hitting man TO suffer, would not justify the man
II be were able to pay in withholding his pay to the
physician. ltwould be queer kind of moral sense
which would compel physician to save a mans
life and not compel the man to pay him. Take
away the shield which the law furnishes the rogue
TO skuik behind, and the very Importance of ply
scians services, renders his compensation the more
certain A man might deliberately cheat one who
had furnished him bread and clothes but he would
not be very apt to cheat the person he was liable
at any moment to be under obligations to for his
hfe. The homestead exemption can hurt no USE
ful profession for the prosperity of all such profess
sions depends on the prosperity of the laborng clas
ses, for as their wealth increases, so win the wealth
of all dependent upon them
"a rumor has become current i'm this quarter that
the Judge of Probate and Sheriff of this county are
not gong TO deliver up to their successors in Office
the papers and documents belonging thereto
The former we understand contends on the
ground that the law saws no election for Judges
shall be held within thirty days of any general cleo
ton, aud consequently, in his opinion. the Judge
of Probate having been elected at the last general
election it is Illegal
" The latter, on the ground that the law for reg
MATING general elections. says nothing about the
election of Sheriff therefore he contends 1--WE sup
pose) that they had right to elect a successor,
until it was provided for by law American
We have heard such rumors too, but have good
authority for saying that these officers have come
to no such determination as is above stated A quez-
ton has been raised and their effort will undoubted-
y be- TO get the highest and best authority they can
in the premises, and act accordingly.
9 Our own opinion is, that with regard to Judge
of Probate it would require severe strapng to make
that clause Of the constitution alluded to- bear upon
his election. We venture the opinion that not a
single member OF The convention which framed The
constitution. connected any such idea with the
clause in question; and that it may be submitted
to twenty di-intercsted men, and nineteen of the
number will decide that it bears no such construc-
ton. We understand also. that the Attorney Ge-
neral and four out of five of our judges have gwen
the same opinion And in framing and passing the
law defining the powers and duties of Judges of
Probate, the Judiciary law and the general election
law, not single member of the Legislature for one
attached TO this clause. ,. ....
The first eight sections of the Judiciary article
relate entirely TO Supreme and Circuit Judges not
word about Probate Judges. Section nine reads
as follows:
"When vacancy shall happen in the office of
Judge of the supreme circuit courts, such
cy hell be filled by appointment of the Governor
which shall continue until successor is elected and
qualified and when elected, such successor shall
hold his office the residue of the unexpired term.
There shall be no election for Judge or Judges at
any general election for state county officers,
within tf,irry days either before after such cleo
tom
Section H. contains the first and only ausion to
Judge of Probate, as follows:
"TlIere shall be chosen in each county, by the
qualified electors thereof, Judge of Probate, who
shall hold his office for two years. and until his sue
shall be duly elected and qualified and whose
jurisdiction, powers, and duties shall be prescribed
by law.'
The purpose Of the provision in the 9th section
relative to the election of Judges, was, all know
to separate the selection of judiciary from all
connection with party politics, but we never heard
that any person ever conceived it necessary that
Judges of p obate should come under the same sa-
cred guard twill readily be seen that the prov-
sion designed only refer to Judges of the sr-
rreme and circuit courts and although we may be
mistaken, think on investigation such will be
the general opinion.
With regard to the sheriff, by reference to the
election law, we cannot perceive but that his cleo
ton is provided for, much any other officer,
md if this is the ISSUE there is probably little truth
in the rumor.