Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-05-14
The Court. Of In.olrencr.

A special Committee on the subject Of Courts
OF Insolvency, has reported to the Senate bill by
which the salaries of the Judges and Registers OF
all the Insolvency Courts. with the single excep-
ton of that in Suffolk, are to be greatly reduced
The principal reason assigned by the committee
for this reduction, appears to be a general and
rather vague notion that the nature and amount
Of the business of the Courts of Insolvency. are
much the same as that of the Probate Counts If
this notion correct one, it would certainly
seem to afford good ground for the reduction of
the salaries of the Judges of Insolvency to an
equality with those of the Judges of Probate: but
by the same rule the salaries Of the Registers Of
Insolvency should have been raised TO an equality
with those of the Probate Registers. But in real
iry the business of the Courts of insolvency is in
no respect like that Of the Probate Courts nei
ther in its nature, amount nor the manner in
which it is transacted. Certain fixed times are
specified by law, on which the Probate Judges
shall hold their courts, between which, there are
long vacations, as in the terms Of the Courts of
Common Pleas; whereas, the nature of insolvency
business is such to require, in most cases, the
immediate attention and action of the court,
-SNfAb6 guar fdSdbiOHoi anu requiring al tut
large counties almost a continuous session.
The truth is, the committee have. without ref
erence to the comparative business of the respec-
tive courts, reported general bill of reduction,
with very little regard to the merits of the case,
in blind obedience to the hueIand cry for retrench.
ment, taking good not to disturb Suffolk,
where, Of all the counties in the state, the most
reduction ought 10 have been made
The facts in relation to these courts, upon which
the committee should have based their report,
may be briefly stated. Taking them altogether,
under the present system of salaries, they will
just about support themselves, and will return to
the State Treasury, in the shape of fees, all the
money drawn from il for salaries. Suffolk, Essex
aud Norfolk will pay for themselves; the smaller
ones will not; while Middlesex and Worcester
will pay surplus into the States Treasury of
from $1,000 to $500 year. The cost of admin
istering the insolvent laws, under the present
system, taking the State together, is not half
of the cost under the old plan. The law of last
winter, as it now stands, is one of the greatest
strides in the road of yetrenchment and economy
that any Legislature has made for years During
the year preceding the establishment of the pres
ent courts, the fees of the commissioners and
their clerks, In Worcester County, amounted to
more than six thousand dollars, while the present
salaries Of the Judge and Register-soh0 no,o do
the cork t0hich had previously been done By four
Commissioners and four clerks-amount to only
three thousand dollars, or less than half Of what
it cost before 1t is much the same in Middlesex,
yet the bill now before the Legislature proposes
TO cut down the salaries Of the Judges in these
two counties nearly one half, and to take off two
hundred from the salaries of the Registers, which
were quite too small before, considering the
large amount of business in these two courts; and
comparing it with that of Suffolk where no reduce
ton is to be made.
The bill, as reported by the committee, is very
unjust one, and was obviously reported under a
misapprehension Of the comparative amount of
business in the several courts. Some reduction
OF the judges salaries should undoubtedly be
made, in all the counties, but not to the extent
recommended by the bill, especially in the two
large counties Of Worcester and Middlesex and
theIe ls not the shadow OF a reason why the sala-
ries OF the Judge and Register, in Suffolk, should
be three times as large as those of the Worcester
: and Middlesex courts, in which the amount Of
business is nearly half as great, and from which
the State is deriving actual revenue, while
Suffolk is hardly paying its expenses. The sala
Ties OF the Registers in Mddlesex and Worcester
ought not TO be reduced at all, for they ale al
ready too small, considering the labor required.
In Essex and the Western and South Eastern
counties, which are so much smaller, and where
the occupation OF the inhabitants does not lead
20 SO ouch Insolvency, the report is doubtless
not far from just but we trust that the Senate
will re-commit, and instruct the committee to
base their report more nearly in accordance with
the comparative time and labor required in doing
the business Of the several courts.
Here in Worcester, the Judge is obliged TO de.
vote large share Of his time to his duties, which
are ofsuch nature never to allow Of an alb
senee Of more than a day or two at a time. The
Register is obliged to be in his Office during the
ordinary business hours Of every day in the week
and, 80 arduous have been his duties, that even
that time has not always suiFieed for the accom-.
ishment Of his work, and he is sometimes