Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-01-29

NOi cOh VIC ia We 4NOhOSo iOi OioS
are TO be published in two papers in
columbus for two weeks prior to the
letting. As soon as the law is pas
sed the letting is to be advertised,
and, on the Ist of April next, and
every t,oo years thereafter the work
is to be let, &c. Such are the main
features Of the bill.
In the afternoon, the House took
another step backward, and spent
the time in undoing what it did last
week. The resolution granting Mr..
Kinney, the member who had the
certificate Of election from Lorain,
his pay and mileage was reconsidered,
and was then lost. Mr.. Ward OF
Warren, offered a resolution decla-
ring that Mr.. Kinney was not, during
his week here, a member of the
House. This was offered to try the
sincerity OF certain gentlemen. Not
liking the looks OF that snag, they
voted to lay if on the table. which
prevailed.
We venture the assertion that the
parallel TO this decision cannot be
found in the history of legislation in
America. Mr.. Kinney had the cer-
tlfcate Of election in the usual form.
He presented il on the first day OF
the session; was sworn in; took his
seat, voted with the other members,
was appointed on t,OO of the standing
committees by the Speaker, &c
Afterward, the House determined
that another man had the majority
OF votes, and they dismissed him.
And yesterday they reconsidered the
vote, and determined that Mr.. Kin
ney should receive nothing for his
time while a member, and fer his
travel. &c. II there was ever a
similar outrage, we would like to
know when. and where. There is to
be future in our history, and the
precedent will be remembered.
The Committee TO whom was re-
ferred the subject, reported that il as
constitutional 10 furnish the members
their pens, and ink, and paper, at the
expense of the State.
January 21st.- Senate.--On motion
of Mr. Rice, the Senate went into COM
mittee of the whole, and took up the
bill TO establish and regulate Probate
courts.
The Cd section OF the bill being read,
Mr.. Finck moved TO strike out that por-
tion of the section which gives this court
jurisdiction in the partition and sale of
lands.
MIR. F. supported his views in some
remarks, to which
Mr.. Rice replied in defence of this
feature of the bill.
Mr.. Finck reioined. when he objected
to so extended a jurisdiction of this
court.
Mr.. Riddle supported Mr.. Finck's
position. He said this bill cut off near
ly all the important business of the
Court of Common Pleas. He thought
the business of partition did not belong
legitimately TO this court. He also
thought the proposed jurisdiction too
much extended.
Mr.. Wilson moved TO amend by CIV
ing this court a jurisdiction concurrent
with the Common Pleas, in partition
cases. He thought the people ought to
elect whether to bring these cases be-
fore this court or the other.
Mr.. Gushing said he would go further
than Mr.. Finck. We all knew, he said,
that Probate Judges are not all lawyers,
and he preferred to have this business
placed where there was tribunal COM
petent TO try it, if necessary.
Mr.. Rice favored Mr.. Wilson's mo-
ton. He thought that Probate Judges
would be fully competent to do this bu-
siness.
Mr.. Sherman was in favor OF the
amendment of Mr.. Finck. He did not
think the trainers of the Constitution
contemplated so extended jurisdiction.
If it were given to this court, it would
make it necessary to take the Judges
from the legal profession. The people |
did not expect it when they elected
those Judges
Mr.. Covey concurred with Mr. Finck; /
and he had thought it might be best to
withhold from this court the power TO |
sell lands. He was opposed to a juris-
diction subject to appeal, because of the
increased and prolonged litigation which
would result.
Mr.. Peppard agreed with Mr.. Finck. !
If we give this business to this court. |
we make it an office which can only be
filled by lawyers, and rather poor ones
at that. which he thought would not be
acceptable TO the people.
Mr.. PaTdee favored the motion Of |
Mr.. Wilson. He was in favor OF |
giving this court as wide jurisdic-
ton as possible. His constituents
desired something of this kind. He
could see no difficulty in allowing
these courts to manage particular
cases. 1t was mistake to suppose
that partition was not sometimes a
part OF the necessary probate bust.
ness. Ii man could do ordinary
probate business, he could as well
settle partition eases Conr.S Of