Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1879-12-12
Oar Probate JurIsdiction.

since its organization has been more
complicated in the minds of the at
torneys and people generally since
Idaho was organized than has the civil
and criminal jurisdiction given to our
probate courts by the Legislative enact
ments OF the different legislatures of
Idaho under the first enactments pro
bate courts all over the Territory en-
tertained both civil and criminal juris-
diction, and many very important
suits were both heard and determined
by them, and both attorneys and par
ties litigant acquiesced in their deci-
sions, and criminals were punished.
This continued for some time till the
Importance and necessity of this juris-
diction to meet the wants of the peo-
pie, became fully apparent. The va
lidity of this jurisdiction under the
organic act and other acts of Congress
was at last raised, and it was held that
the legislature of the territory had no
power to confer any jurisdiction upon
probate courts but such as the acts of
Congress had prescribed, and it was
found that. Congress had nowhere
conferred civil and criminal jurisdic-
ton upon the probate courts Of Idaho.
This decision and the apparent neces-
stiles Of the people for such or similar
jurisdiction to be in some other courts
than the district courts, whose terms
in the different counties were SO un-
frequent, and other than the justice
courts whose jurisdiction was limited
to one hundred dollars in civil causes,
and to minor ofienses in criminal
causes, by the organic act itself, caused
an effort To be made Inv Congress to
have the jurisdiction Of probate courts
in this territory extended to civil cases
not exceeding five hundred dollars,
and to criminal cases concurrent with
that of justices Of the peace. These
efforts succeeded, and in 1870 the
above jurisdiction was conferred by
Congress upon our probate courts.
The same provision was extended to
the probate courts of Montana, a
more extended provision was extended
to Colorado. Under this new provi
sion the probate courts of Idaho have
acted up to the present time, period
of over nine years, and SO far as we
know the people and the attorneys
have been satisfied with the arrange.
ment, and we yet have not been cogni
xant OF single instance wherein the
civil and criminal jurisdiction thus
given has not been fully recognized by
the district courts and the supreme
court of the territory. Thousands
upon thousands Of dollars have beer
involved in civil suits in our probate
courts every year since 1870, and nu
merous persons have been incarcerated
in Jail for crimes upon judgments rem
dered in our probate courts, and SO fal
- we know both attorneys, parties
litigant, convicts and the whole people
generally have acquiesced in the judg
ments and decisions as law, and oul
district courts have entertained up
peals from these probate courts in al
these cases when brought before then
- coming from courts having origina'
jurisdiction in such cases. But within
few days past we have heard tht
jurisdiction Of our probate courts in
criminal and civil cases seriously and
earnestly quest ioned, and our atten
ton has been called to sections $685.
and 1896 of the Revised Statutes oil
the United States, passed at the first
session Of the Forty-third Congress. il
l673-74. The first Of these sections
reads as follow 8: "The foregoing sew
enty three titles embrace the statutes
OF the United States, general and per
manent in their nature, in force on
the FIRST day of December one thou
sand, eight hundred and seventy,
hree, as revised and consolidated by
commissioners appointed under an act
Of Congress, and the same shall be
designated and cited as the Revised
Statutes Of the United States
The fore part Of Section 1896,
which is all that can relate to the
question at issue, reads as follows;
'AA acts Of Congress passed prier te