Tri-weekly journal., 1848-01-15
To the Editor of the EpanspilIc Journal.


SIR:-In your paper of the 4th instant had
the pleasure of reading an excellent communi-
cation copied from the Indiana Journal, over the
signature Of Marion" in relation to our Probate
System. Marion is right when he says that
under our present System, "Children are de-
frauded-Estates squandered-lands sold un
justly-and creditors cheated by the Probate
Court, not wickedly but ignorantly." The
question is, how shall the evil be removed?-
Shall we ha e a Circuit Probate System, or
Circuit Court? Marion is in favor of the lat
ter plan, and so is the writer of this communi-
cation but cannot agree with him in the
opinion that it will be necessary to increase the
nor do believe that three terms of the Circuit
Courts will become necessary. Annihiate the
present Probate Courts and transfer the bust
ness to the Circuit Courts-confer upon the
Clerk enlarged surrogate powers-enable him
to adjudicate upon accounts-to issue citations,
and to make all necessary interlocatory orders
require him to give notice of the time estates
will be settled-change the practice of the
Circuit Courts so that Probate and Chancery
business shall be the first business transacted
at each term of the Circuit Court, to which
might be added the making up of issues, and
let the Petit Jury be summoned 70 r the Sd day
of the term, or on such day as the Courts at a
previous term should direct, repeal four ffths of
| n VI
Probate Act of near one hundred pages in our
Revised Code, embracing All Sections-make
the law as general as is consistent with pru-
dent Legislation, and let the rules of practice
be settled by the Courts and for this purpose
and for the purpose Of securing uniformity, re
curing that all of the President Judges in the
State shall meet at the capitol on a day to be
fixed, (say lst Monday in June,) and by and
with the advice and consent of the Judges OF
the Supreme Court, adopt a set of rules for
Circuit Court and Probate practice with pro-
vision that the Judges of the Supreme Court
may alter them when necessary. BY this
means we can have uniform practice through
out the State; we have now too much statute
law upon the subject, our Probate Act has All
Sections, while that of Pennsylvania mas but
81. In Massachusetts, and North Carolina, lin
both of which States they have excellent Pro-
bate laws, is believed that their Legislative
enactments are not as voluminous as in Penn
sylvania. lrepeat it, we have too much Leg
islation. The details of practice can be better
settled by the Judges than by the Legislature
Increase the pay of your Circuit Judges to SIP,
90 per annum, and require them to be present
in court when Probate business is transacted,
unless unavoidably absent. This subject has
been repeatedly before the legislature, but there
has hitherto been such wide difference OF
opinion that the details of bill could not be
settled. Let the Judiciary Committee prepare
a bill, and let the members yield their private
opinions to the united judgement of the gentle
men who compose that committee, and be-
lieve that a good bill can be passed. Some
may say that the sumof s 1900 is a high salary.
In reply have only to say that Judge ought
to receive a salary sufficient to command the
best talent in the State, this is.what has always
sustained the high reputation of the Judiciary
of Massachusetts,, New York, Pennsylvania,
Louisiana and Kentucky. The people at large
are deeply interested in having an intelligent
and efficient Judiciary. Multiply Circuits and
keep down the salaries of your Judges to what
1t now is , and in few years none other than
third or fourth rate lawyers will preside in your
Circuit Courts. J.