The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-03

IT will interest the public to know that the
excellent bill of Mr.. Elliott allowing the
parties interested in an estate to agree upon
an auditor, to which there could be and was
no honest objection, and which passed the
House by decisive vote, and bado fair to
remedy the gross evils of the existing system,
has been defeated in the Senate on motion Of
Senator Connell This bill had the approval
of the purest and most eminent members of
the bar, and was satisfactory to everybody
except the little clique which controls the
bulk of the court patronage. 1t is we'll to
know where the responsibility for its defeat
lies If Senator Connell, who has done many
useful and good things, is to become the
champion of the corrupt system sought to be
reformed, let the people know it. There has
been double-desling somewhere on this point.
Why has not Senator Henszey been hoard
from? A few weeks ago he was the jealous
advocate of reform in this matter, and pro-
posed bill 80 stringent as to be impracti-
cable. Now he let's practical remedy be de-
feated without as far as appears, so much as
word in its behalf. This is no buncombe
matter, and must not be allowed to
sleep. The responsibility for this wrong
must be fixed where it belongs. We say it
is an outrage if the only parties interested in
an estate, those whose property is the subject
of distribution, cannot be allowed to name a
disinterested and capable person to pass upon
matters in dispute, and that no one can es-
cape from the milestone of the RING. 1t is
but fair to say that the judges are not all
alike in this respect, and that until compara-
lively lately several of them would listen
courteously and accede to a nomination by
parties. This gave the public a safety-valye
to some extent. Now, however, the court
have rule prohibiting even the handing up
of suggestion, unless impossible conditions
are first complied with, and u,.Iess 1t should
happen that tie parties are aoiSing to nominate
oneCf the aephGacS, On. near neighborS, or par
ticular pets cfte judge, acben these fornsasities
are dispensed eoih. Now the thing should be
stopped, MIR. Eliotts bill provides for a fair,
open, and honorable nomination in writing by
the parties, which shall be filed in the Clerks
| or Prothonotary's Office at least ten days be-
| fore the appointment, and to which nomina-
ton exceptions may be fled if thought proper.
This secures fair play. 1t is the interest of
| the parties to nominate q competent man.
Many of the present appointees are grossly
incompetent The result of measure of
this kind would be that men of character and
professional capacity would be chosen who
would soon render the complaints of extor-
tionate fees thing of the past.
We do not feel called upon to sweepingly
denounce the whole auditing system, and
were it abolished other evils would result as
great perhaps as those now existing. Properly
administered by good men, it has many and
most valuable uses. There are many gentle
men of the bar of sound legal attainments
and unblemished reputation who have filled
the office of auditor with honor to themselves
and advantage to all parties concerned. Such
men have decided intricate questions of law
and disputed matters of fact with such
acknowledged ability and fairness that their
decisions have often been accepted as final
by the parties in interest. Our criticisms
have no reference to such gentlemen as these.
They are the grains of wheat in the bushe OF
chaff. We do refer to the not uncomfortable
number aOh0 cannot aorite their oWn reports
or soho W9fte them in such a aOay that they ar.
,minteUigi5Ie and useless. Our protest i,
|
separable from the existing arbitrary power o
appointment. If the judges we're wise they
would gladly get rid of it. If the people are
wise it will be curtailed. Nothing will sc
surely swamp the judiciary as unlimited
patronage. They have far too much for theil
own or for the public good. - t..
Mr.. Elliotts bill does not appear to have
been deliberately considered in the Senate
>, A snap judgment was taken against it. i
will, in the opinion of those best qualified tc
, Judge, inaugurate a wholesome reform
There are intelligent and able men in th,
Senate, some of whom are Intelligent law
, yers, who should see that the wishes of thil
community-not of the Ting-shall be re
, spected. II the Senators from Philadelphia
| prove recreant, we ask that the Senate of tn,
Commonwealth, to which we have right Il
, appeal, shall protect us froma further con
, tinuance of the abuses to which we are sub
jected. We call on such men as SENATOR
| Billingfelt, Stinson, Wallace, Lowry, ant
> others to see that this bill is reconsidered ant
( that justice is done. % 4
7 The following is a copy of the bill as il
I passed the House:-
4 'Section l. The parties In any account Of execu
TORS, administrators, guardians, trustees, or as
| personally or by counsel TO nominate In writing
D person as auditor, which nomination shall be nle
In the proper court at least ten days before the TIM
desgnated Tor the presentation or such account q
the court, and II exceptions 70 such nomination
shall be nled within the said ten days, the person