Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-01-14
For the SPY.
WORCESTER, Jan. IL, 1865

For the SPY.
WORCESTER, Jan. IL, 1853
Aessrs. Editors Among the subjects which
Gov Banks laid before The Legislature for the
consideration, was that of uniting into one tn,
Courts Of Probate and the Courts of Insolvency
Would such measure De wise and usehl7 Dc
the people wish or ask for any such measure ]
know but little about the Insolvency Courts, bu,
have understood that in many parts of the Com
monwealth, the system has worked and is work.
ing well-that the amount Of dividends to cred,
itors has been much increased under the new
| system. Certain it is, that an Improvement upon
the old plan Of commissioners, without uniformi-
ty. without any fixed principle of operation, was
called for The present law has hardly been long
enough in operation to give it fair trial. Rea-
son and justice demand that it should have one.
| On the score OF economy and rettenchment. I
suppose the proposed change would hardly prom
Use to be an improvement, told that the
Insolvency Courts are now, or undoubtedly will
be, paid by fees, so that they will not be charge
upon the Treasury. If motive for the change
is the breaking up "a system for the purpose Of
taking out one set of incumbents to make room
for another, under different form, such motive
would be unworthy party which has been form
ed and brought into power upon the principles
which the Republican party of ssachusetts
profess. g 7Q
trust the present Legislature will pause be.
fore they act upon such considerations Would
it not be wiser and better TO wait and see how the
present system operates, before it is rashly sub
Yerted and overthrow. But my great objection
to the proposed change is, that it will interfere
with and destroy our probate system, as it has
existed for generations in this Commonwealth
That court is different in its character, duties,
and operation, from all other courts in the Com.
monweslth. 1t deals only with the estates OF tho
dead, and the official intercourse and associations
of its officers are with widows, orphans, and
heirs. 1t is strictly parental. Those who are
connected with and interested in the estates OF
the departed, are constantly writing and APPLYING
TO them for counsel and advice. IN
Those who are appointed to discharge those
duties, are men who for their character, Quaifca-
tions and habits Of life, are confded in, to dis
charge the important duties of the office. Now
to mix up the dnties of that court with the bust
ness ofinsolvent estates, would, in my estima.
ton, be very great misfortune to our State The
amount OF buslness, III seVeialof the large cOun-
ties, would be beyond the capacity and ability Of
one man to perform. In the smaller counties il
would be such interference with the quiet care,
full and familiar trans tctiOni0f probate Judge to
put upon him the duties of an insolvent court. as
TO destroy that ancient, and beautiful and entire
ly satisfactory nslitution, which has always ex.
listed in Massachusetts. The people do not ask
such an innovation. Way should it be hazarded
beg of those who have this matter in charge
TO take these few hints and look at this as part
OF the case.
The writer of this has no connection with eithr
er OF those courts. He would respectfully sus
gest That an institution, which is as old as the
Commonwealth, and which has always met with
fho lnf * rbo1a II. ! -
not one complaint has been raised. should not be
destroyed for the sake of mere experiment. And
he would say that system like the Insolvency
court which he Is told is working advantageous.
ly, should be let alone long enough, at least, to
give iii fair trial Would not such course be
discreet
The expense of the Probate Court ia now paid
entirely out of the Treasury. without any rein
bursemeDtby tax upon those who do business in
it.
If economy is the object, would suggest to
the Legislature the propriety of re.enaeting law
which was in force some fifteen years ago, and
which was, in my opinion, most unwisely repeal
|. ed aude to the law which imposed a small
per eentage on all estates settled in Probate
Courts provided the estates were worth over a
certain amount, say 5000. The largest estates
are now settled without expense, and millions Of
dollars, in the hands of trustees, are now looked
after and watched over by probate judges which
have not ono penny for it, and men Of little prop
erty and men Of no property are taxed to pay for
taking care OF them. a REPUBLICAN.
AUDIToR's REPoRT.-The report states the
resources of the State at the close of the past
year, to be 81 1896, 40 69.
Real estate unproductlve. ......... 1907 6I5 q
Bonds and mortgages raj roads. 4,949 555 So
Railroad stock, AamachuSetts school, and
other frends. S,4l9,59o %
slI,s9o,77O 70
LIABILITIES.
Scrip issued on account OF the Reform
School and other institutions ......... ISL, eco 90
and payable By 4a49, 555 SO
Temporary loan Tor money borrowed in g
tlclpatlop Of the revenue, &c.;.,..... so6,5OO 90
Dec sl......................... 1886 90
s6,5s0OiO 50
The total receipts Into the Treasury in 1857,
were. 81, 694, 084 %
The total expenditures during the year 472S 92 90
Excess of payments. s84,ol7 o.
CENTRAL ESTIMATES 1858.
Receipts estimated. .............49 3s SAT 90
Expenses estimated. GAS S25 90
Showing probable deficit OF. ............ 99T7 81
Funded BIT Jan 1, 1861 $30S6OO 90
Amount of interest due on State scrip also 90
To meet this there is cash on hand. s44,Oss IA
Securities in W RR. Sinking Fund .2I6,sse Al
---s2eO,0ie 81
Probable amount to be provided for in 1884, $593o7 81
| SERaEANT-AT-ARMs.-As there was some err.
ror in the figures in table of the ballotings in
the Senate for Sergeant-at.Arms on Tuesday We
republish the table corrected "a follows;
| f BALLOTS.
| lar ID Al Ar h6,h
| Whole number Of V1tes.....3s 3s IS 9s az
| Necessary fcr choce.. 20 20 20 20
Benz Stevens; ....~.....-,l 10 IA ID