Democratic banner. (Bowling Green, Pike County, Mo.) 1845-1852, 1850-07-15
For the Banner.

on MIN. SPECIAIOR.
For the Banner.
Mn. EDIToR:-You said in your last paper, in
commenting on the communication of "Essex''
in favor of Probate Court, that your columns
should be open to both the friends and opponents
Iof the system. Suffer me then to make a short
statement in reply to "Essex." His main OBJ.
,jection TO the present system is confined to the
incal'acity Of the incumbeDts of the county court
bench, whom he considers grossly ignorant OF
reckless. If this be his objection, it seems to
me that the proper course for him TO pursue
would be 10 endeavor, in conjunction with 9TH
iers, 10 elect better men. The election of bet
ter men would remedy that objection; and better
men could always be elected, If the people would
make qualifications. mean talent and integrity,
the motives by which they were governed in
casting their votes for county Judges. We would
always have a sufficient number Of men candid.
aies for the County Judgship, il the voters
would make a discrimination in favor Of those
well qualified, and against those possessing no
qualifications.
/ will now, Mr.. Editor, briefly state my OBJ
iections to the proposed special law for Probate
Court in this county.
lst. Because If the administration business is
taken from the county court end given to Pro-
bate Judge, it will make itfnuch more difficult
Ito get competent men 10 set on the bench Of the
county court, which must still exist and have
charge of The most important businesS of the
county. TO wit "A supervisory control Of the
opening and improvement of roads erection Of
bridges maintenance of the pcor--care and Gus
Itody of the funds assessment AMI collection Of
the taxes-and in short all county business. BY
q division we would have two little courts, both
more contemplate than the present.
I'd. Because the administration or Probate Of
this county would not justify acomPstent man in
devoting his whole time 10 il withnut extra pay.
The fees for that part Of the business Of the cOun-
Ity court would rot pay man for exercising the
function, of both Nage and Clerk, which he
would have to do under the special law. His
pay would have to be increased, or his business
would in all probability he neglected.
Sd. Because being both Judge and Clerk there
would be no check or restraint upon him what
ever. His fees moi being quite large enough Ia
suit him, he would be must sadly tempted to take
a little more than he ought; especially as he
would be the sole Judge Of the matter.
4th. Because he is not like the clerks Of The
circuit and county courts, bound by any bond ol
contract for the performance of his duties, bu
may at any time make his records TO suit him
SELF We all know how hard II is 10 convict ant
remove Judge from Office on account of mis-
demeanor. This special law gives no Othel
; remedy except suit by the party injured agaiIs
the Judge-and he might without any bond ant
security be perfectly irresponsible for all hi
acts performed in the capacity Of clerk. Th
clerks of the other courts under the general law
have to give bond in heavy amount with goo
and sufficient securities, upon which they are d
, alI times liable for their misdemeanors or neg
lect of duty.
9th. Because am opposed to system @
special legislation--one thing and one syster
Z for cne county, and another and different sys
q tenn for another county. In this way the pSOPl
:, of the different counties will never know tn
laws in operation in the other counties, but a
will be Misunderstanding and confusion
9Th. Because the Probate system has bee
!, tried in this State as general law, and failed
= give satisfaction, when the county court syste
4 was adopted in its place.
7th. Because the experience Of other State
" has proved our present system to be the bett'
!, one. Illinois, which has fully tried the ProOa
,s system, has repudiated it, and, by her new col
!, sttution, adopted our county court syste~.-