Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1849-01-20
NUMBER 46.

amount of debts collected. Upon the basis
of this estimate the subject is receiving
public examination, and discussed as a ques-
ton of political economy /; and from this
discussion, 1t is hoped, at least, some good
may follow, in this, that judicial investiga-
ton may be more easily reached, and its
decisions obtained with more certainty
and promptness, and with less burden upon
those who seek its assistance. If evils ex-
list the remedy should be applied. The
remedies within the reach Of the legislature
are either 10 increase the terms of court in
those counties composing circuit as to give
sufficient time to despatch the business, or
hy organizing the inferior courts, author
lied by the constitution.
lwould also call your attention to some
remedial provisions that deem necessary
To place the courts OF probate upon prop
er basis. IL is estimated that the whole
property of the county passes through the
judicial action of these courts, once in the
period of thirty years. Their great impor-
teuce, therefore to the public is apparent;
aud every improper influence that may, in
the least, effect the exercise of their judicial
functions should be removed. The present
law provides that the compensation of these
officers for their services, shall be by fees
tdhtu tSuihSt thtSt ntttutiuH tuC IcIUtttOu
of the services, who all act in fiduclary
capacity.
The objection to this mode of compensa-
ton is, that direct and mutual inducement
is held out, both to the officers and fiducia-
ry TO improper conduct, by paying, on the
one part, to the officer exorbitant fees, and
by allowing, on the other part,to the tiduciary
unjust accounts against the true estate
.hn,,ll ha ,.lacal hiuh
moral elevation rs the higher courts of re-
cord, and its consequences to the interests
of the country is no less important. The
compensation of these officers should be by
fixed salary, TO he regulated according to
the amount of duties TO be performed
in each comfy. Also, existing laws leave
it discretionary with these officers to reg
ulate the times and places of holding the
court the officer may keep il all times in
session, constituting a travelling court, and
may also enter DEGREES eifecting the most
important rights Of persons, as we'll as mi-
nors, feme coperfs, idiots, and absentees,
without that publicity that should govern
all judicial action. Regular terms of this
court and the places of holding the same
should be fixed by positive legal enactment,
and no final decree or order should be made
except in term time, and upon notice, to DO
published in some newspaper. Provisions
of law of the character referred TO, would
place these courts above suspicion, and more
etlectually protect the rights of those inter-
ested in their decisions. They are the guar
dians of those persons wanting the legal
capacity to attend to their own affairs, and
are regarded as the representatives Of the
dead, to protect nm d shield their estates for
those entitled to them. To remedy the de-
lays attending the administration of justice
in the courts of common law, and the de-
fects in the laws regulating the probate
courts in the particulars stated, | recon-
mend that The terms of the circuit court be
so arranged in each circuit rs to allow suf-
ficient time for the court in each county to
dspatch the business before it; and, also,
that an inferior court of record should be or
ganzed in each judicial county, with pro-
bate powers, aud with limited civil and
criminal ursdction and that the court of
probate be abolished. The clerk OF the
circuit court should be ex-ohico clerk of
this inferior court. There should be one
Judge, with n salary to be affixed by law
and paid out Of the proper county treasu-
ry.
If, however the Legislature should be Of
the opinion that the public interests do not
require the creation Iof this inferior court
and the adjustment Of the courts of pro-
bate, then recommend that provision be
made by law that the judge of probate
should receive n fixed salary for all his SER
vices TO be paid out of the county treasury,
and that the amount be regulated by the
boards Of supervisors in each county and
further, that the times and places of hold
ing this court be- regulated by law to cor
respond with tho views expressed.
Some legislation is required directing the
docket fees charged upon each case brought
yAhss tfreeRs sni that il may be made available
for the objects contemplated by the consli-
tuition.
The patents FOR some Of the "canal lands"
sold under the Territorial government have
no, been issued, aud doubts are entertained
whether the Governor Of the State can le-
rally issue them SO ms 10 vest the title of the
lands in the purchasers. The subject Is
referred 10, that legislative provisions may
be made directing such patents TO be issued.
The accounts Of the register aud receiver
of these lands remain unadIusted. IL Is due
10 these officers and the true interests OF
State require that this matter should he
brought to close. Such steps are urged 10
be taken as will accomplish this object.
respectfully direc; your attention TO the
views expressed 10 my first message to the
Legislature on the subject Of the revision OF
the militia laws, and recommend It's organl-
cation upon the basis ia that message stated
4 complete organization and enrolment oil
the militia for the purpose OF ascertaining
it, numerical strength is necessary IN order
that the State may draw its just quota of
arms from the general Government.
The legislature at its last session, by reso-
luton, directed the executive to open cor
respondence With persons ia different Sec
tions of the State, for the purpose of elicit
ing information as to the most eligible point
at which to establish penitentiary. have
IN iuform Won that fhi. duty has been per-