The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-10-14
DALLAS, TEXAS.
THURSDAY MORNING :::;:: OCT. IA.
PROBATE COURTS.

remarks made by Judge Reagan in
speech delivered in the canvass, II
which he took the position that TIN
probate business of the county shoul'
be retained in the District Courts. w
were struck ut the time with the fore
OF the argument used by him in com
batting the almost universal idea OF
return Of that system to the Count.
Courts of the various counties. Ill
stated that perhaps more inlrical
questions necessarily arise in the dis
position of probate business OF tn
county than any other-that NOR
important inquiries are instituted
and matters affecting to
greater extent the interests o
large bodies of people than IN
any other department of Government
The whole property of State, real anc
personal, was called upon to pass the
revision of these Probate Courts al
least once in every thirty or forty
years, and hence the Importance OF
having able judges to see to II That
legal Indication, and proper disposition
was made OF the property coming 80
often under review.
1t certainlywould strike the thought
full man as eminently wise that an or
phan's court should always be presided
over by an enlightened judge-an emf
nent lawyer--one well versed IN the
learning of his profession, and with
experience and observation to enable
him to watch and guard well the in
teresls of the estates of deceased
persons, and prevent them from
being squandered, wasted and appro-
priated by designing men.
The more we have thought of the
views expressed by Judge Reagan -
himself an eminent lawyer and adj
United to be one of our most uprlg Int
men-the more we have doubted the
propriety of taking the probate bus
mess from the District Judges and re-
turning 1t again to the County Courts,
~ it existed before the war. The pres
emt system mightvery much ne mod
flied and made more simple, and the
formal details of the business might he
done in the Clerks Office of the Dis
trict Court, but the more important
matters, such as the ordering of sales
of real estate, the confirmation of
sales, divestiture of titles, TIE
passing upon annual and final
accounts of administrators, and
especially the control of guardians of
infants, and the management and dis
position of real estate belonging to
children these things, IT seems 10 us,
would be much more safe in the hands
of District Court than under the con-
troll of chief Justices Of counties such
rs are usually selected for that posi-
ton.
Our peculiar community system of
estates-our system of separate estates
the interests of widows whose proper
~ too often Is snatched away from
them by men of the world-all these
things would be more prudently and
justly controlled in court presided
over by II jus. and learned lawyer, such
as most likely in the future will
occupy the District bench. 1t does
not follow from what we have said |
that Chief Justices would corruptly |
manage the interests coniided to their
hands, but II is too often the case that |
mere Probate Judges are not selected |
because of any great legal ability, and
the danger is that ignorant and weak
men will be placed in the management
OF this, perhaps, the most important
interest of the country.
ltwere well enough to increase the
Jurisdiction of Justices of the Peace
and other Inferior courts, in matters of
contract, to be determined between
living nlen-men who can stand at
arms length and fight the battles of
life with each other, but when it comes
TO array the shrewd and designing liv-
Ing man against the dead mans estate,
and against the interest of defenceless
women and children, then let the con-
test be waged before an umpire who Is
able, intelligent and learned, as well
rs upright. IT. in n contest like this.
any advantage should be on either
side, we see no reason why the living
should have 1t over the dead, or why
the experienced man of the world.
with morals not always Of the very
best, should WELD 1t to the oppression
of those In life who most need the pro.
fecting hand of our courts
1.-THE whole property of Texas Is to
pass through the courts once la every
thirty or forty years, rs that IN the NV
erage OF life, let 1t pass In review be.
lore our District and not our County
Courts.
WE publish to-day, to the exclusion
OF other matter, the argument OF Mai |
Frank ). Bond, vice-President Of the
Texas and Pacific Railroad Company
before the COMMITTEES on RAILWAY or,
porations OF the Constitutional Con.
vehtion, now IN session. We com.