Evansville weekly journal. [volume] (Evansville, Ind.) 184?-18??, 1848-01-27
To the Editor of the EpansuiLe Journal.

SHIN 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 crediters cheated by the Probate
Court, not sgickedly but ignorantlq.. The
~onestion is how -tfr0 wi De removed
Shall we have a Circuit Probate System, or
shall we transfer the Probate business to the
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
number of circuits to the extent that he desires;
nor do l believe that three terms of the Circuit
Courts will become necessary. Annihilate 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 for the Sd day
of the term, or on such day as the Courts at a
previous term should direct, repeal four-ffths Of
our present Probate Act. We now have a
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 purpost
and for the purpose of securing uniformity, re
quiring that all Of the President Judges in tht
State shall meet at the capitol on a day to b.
fixed, (say LIST Monday in June,O and by AM
with the advice and consent of the Judges o
the Supreme Court, adopt a set of rules 70
Circuit Court and Probate practice with a pro
vision that the Judges of the Supreme Cour
may alter them when necessary. By thi
means we can have a uniform practice through
out the State; we have now too much statut
law upon the subject, our Probate Act has AZ
Sections, while that of Pennsylvania mas bu
81. In Massachusetts, and North Carolina, iii
both of which States they have excellent Pro
bate laws it is believed that their Legislative
enactments are not as voluminous as in Penn
sylvania. Irepeat it, we have too much Leg
~islation. The details of practice can be bette
settled by the Judges than by the Legislature
Increase the pay ofyour Circuit Judges to Sl2,
90 per annum, and require them to be presen
in court when Probate business is transacted
unless unavoidably absent. This subject ha
been repeatedly before the Legislature, but Their
has hitherto been such a wide difference G
opinion that the details ola bill could not b
settled. Let the Judiciary Committee prepar
a bill, and let the members yield their privat
opinions to the united judgement of the gentle
men who compose that committee, and | be
lieve that a good bill can be passed. Som
t may say that the sum ofSl2O0 is a high salary
7 In reply l have only to say that a Judge ough
to receive a salary sufficient to command tn
best talent in the State, this is.whath has alWay
. sustained the high reputation of the Judiciar
| of Massachusetts,, New York, Pennsylvania
Louisiana, and Kentucky. The people at larg
are deeply interested in having an intelligen
and efficient Judiciary. Multiply Circuits an
4 keep down the salaries of your Judges to wha
: it now is andin a few years none other tina
third or fourth rate lawyers will preside in you
Circuit Courts. ].