Arizona weekly citizen., 1881-02-06
The Proposed Change in Our Judicial
 SYstam.

An act establishing county courts in each county of the Territory, is now pending before our Legislature and IS exciting considerable comment, pro and con, among our contempor- aries. As the proposed measure is ot considerable interest to our readers, we give brief. summary of the blll, being prevented by want of space from giving the full text:
 Section establishes tue court in each county now organized or here after to be organized, to be styled "-- County Court"
 Sec. ? provides for the election ot a Judge at the general election in 1882, and every four years thereafter and for 8 special election for Judge on the lst Monday in May, 1881
 Secs. 8, 1, 5, 6 and 2 confer on the new court the jurisdictions and powers now possessed by the District and Probate Courts. respectively.
 Sec. s requires said county court to be held at the county seat, and to be kept always open and in session, except on non-judicial days. and to have a seal.
 See. 9 declares such court to be a court of record with all the powers incident thereto, makes its judgments liens on real estate, and empowers the court to adopt rules of practice.
 Sec. 10 prohibits the Judges there of from practicing law, and provides for an annual salary of S2OOO.
 Sec. Il provides for appointment by ihe Board of Supervisors of spe- cial judge, in cases of vacancy, ab- sence or disqualification, by reason of interest, etc of the regular judge.
 Sec. 12 requires the judge to be practicing attorney of the Territory, and 10 reside al the county al dur ing his incumbency.
 Sec. 13 makes the clerks of the Federal District Courts, in each coun. ty, clerks of the County Court, until January 1st, 1883, and provides for the election of a County Clerk. who shall be e ctici0 County Recorder, at the general election in 1sS2 and every two years thereafter.
 Sec. IA relates to the duties of the clerk.
 Sec. Is declares that in probate matters the court or judge shall be governed by the law and practice now controlling proceedings in the Pro- bate Court, and in all other matters until otherwise provided, by the rules and practice now governing the Dis trlct Court.
 Sec. 16 provides that appeals may be taken to the Supreme Court in the manner now provided by law for ap- peals from the District Court.
 Sec. F abolishes the District and Probate Courts on and after June 1st, 1881, and requires that on that date the records and business of said courts shall be transferred to the County Court,
 
 We are disposed to look upon this bill as a move in the right direction, and believe that, with q few amend ments, calculated to remove, at least in part, the objections so energetically urged by the Arizona Gazette, will ! supply want seriously felt by the | inhabitants of Pima, and doubtless other counties as well, and will do | much toward not only simplifying | and expediting the administration of justice, but also In reducing the ex- pense attendant thereon. The meas l ure, as it now stands, separates the l probate from the other jurisdictions conferred on the new Court, and gov erns It by the laws now in force rel alive to probate matters, among which, of course, remains, in the absence of any repeal, the fees to be taxed in | favor of the Probate Judge. These fees being by no means insignificant Tn any instance, in the administration l ot large estates frequently exceed the annual salary of the Probate Judge, | and during the year, in a county as well populated as Pima, amount to several thousands of dollars. While | the Probate Judges salary remains at the nominal sum of $500, or even $500, | as we understand the Gazette to claim it to be, it is perhaps proper that he should be allowed to appropriate those fees to his own use; but with the Judges of the proposed new Court, for whom is provided salary of S2OOO per annum, it is different, and while we do not advocate the abolition oi the Judges fees in probate matters, we suggest that clause be inserted in the bill requiring the payment Of those fees to the county. These fees, together with the Probate Judges sal ary, incident to the abolition of the office, would, we think, in every in- stance fully recompense the several counties for the amounts which they would be required to pay as salaries for the County Judges, and in many cases leave balance in favor of the county. As to the objection urged by the Gazette against the expense of summoning grand and trial juries for
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