The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1869-04-15

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portant judicial stations, more especially,
if they have entertained the mob by a
demonstration of their proper quqIafca-
ti0ns, in possessing muscles strong enough
to lift beer keg to their knees, and
drinking out of the bung hole, and dis
tributing the remainder to the crowd
Like Absalom, such men ''steal the hearts
Of the people," and they elect him king
at once; for if strong, generous, jolly, "a
clever fellow" they "guess he will make
a good Judge" and is entitled to the suf-
TRACES of the people for any office in their
gift!!
hope my republican friends will par
don me for emitting to solicit their dct50e
support against such fearful odds. Per
haps they thought none but democrats
would die in the next four years.
=" All men think all men mortal but themselves.
The sympathetic portion of your article
demands passing notice. You advert to
my feeble health, etc. Strange y imply
nag, the republicans nominated me to a
laborious office, because | was physically
unable to pe.orm its duties True it is
that constant devotion to business in our
courts, for over forty years, eighteen of!
which have been in Kenosha,) SO enfebled
my body, that for over two years past,
have refused any new retainer. | was
obliged to rest, and have learned that no
medicine or recreation can restore con
stitutiou worn out by unremitting toll
The County Court, although court of
record, is of limited and special jurisdic-
ton. 1t can take no steps unless jurisdic-
ton IS acquired by me petition, paper,
order, advertisement, affidavit, SC, which
must be in due form, and which the Judge
is required by law to file, and keep full
and faithful records duly indexed for
ready reference Without jurisdiction
thus acquired, in each and every case, its
acts, and all done under it's orders, are
void-for no title passes to purchaser OF
real estate sold ander a void order of the
Probate Court. Even the attorney some
times repudlates his own acts as Judge,
because as Judge, he had no Jurisd5cti0n!
Business commenced under one incumbent
is continued by his successors, hence the ne
cessity of the successor, in each and every
case, ascertaining from the files and re.
cords, whether his predecessor had acquir-
ed jurisdiction, and proceedings had been
regular. If the files, &c, are radically
defective, all proceedings subsequent to-
such def CT are void. In cur Circuit
, Courts, clerk is provided TO do its
writing, and keep its files But the
| County Judge must do his own recording
or hire it done, and pay office rent, and
wood, lights and all incidentals, out of
salary, allowed-in Kenosha county
that leaves less net to him, than common
laborer receives at day wages.
Co al tho olr0cf1ce of bo GirO1if onI
in the Probate Court is radically differ
ent. There, astute attorneys scan the OPP
posite parties proceedings, and if defec
tive,the Court is informed by motion, and
| If the error is radical, the suit is dismiss
proceeding rests, until the heir arrives of
age, and makes inquiry, by what authority
the administrator or guardian disposed OF
his real estate, now in a strangers posses
sion. The principal is dead, and his in
terest generally centers in his widow and
minor heirs, ignorant of their rights, du-
ties, aid modes OF proceeding, and uni
formly averse to consult Counsel.
Thus thewhole burthen of seeing that
the proceedings, step by step, as required
by Statute, in the settlement or sale of an
estate is made, and notices published, pa
pers filed and recorded &C., devolves on
the Judge. He must see that each subse
quent step isauthorized by those previous
y taken in the case. A vital omission or
loss of the proper paper from the files Git
unrecorded), IN hundreds of instances
has resulted in costly litigation and the
loss of estates to purchaser in which their
all had been invested 1t is the duty OF
the Probate Judge, not onlyto scrutinlze
the form and sufficiency of all petitions
and proceedings of others before him,
but to knoao that his oDn acts, minutes,
and orders are regular and comes up to
the requirements of the Statute in each
and every particular case; for in every gen.
Grafton as 1t passes away, the whole real
and personal estate of the Country is pass
ed upon by the Probate Judge. Thus
material interests every twenty years is |
assigned to the amount of millions; and |
every living property holder, has vital
interest in kaoaolng hoao the Probate Court
performs its duties There is now IN the
Probate Court Of Kenosha County over
two hundred thousand dollars of property
and assets, subject to it's order and Judge
ment, much of which il cases commenced |
more than four years since, in some off
which, no valid order of distribution to
widow and children can be granted, be
causeof radical defect in the proceedings
in an early stage, or if the proceedings
were regular, there is no evidence Of it
on the files or records of the Court Even
letters of guardianship have been issued
without jurisdiction, acquired so to do, re-
sulting in protracted and expensive litiga-
ton in the Common Law Courts
On receiving the appointment. some six
months ago, toact as County Judge found !,
the Probate Office kept In rickety old
building, in which dozen stoves; seethed
daily and nightly, and properly guarded
nnninM fire (2l hu an eYtnnciuo 4 r116r sf ore I