The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-26
THE PROBATE COURT QUESTION
Cook and La SeIIe Counties Still ARItat-
ed Over the Decision of the
Supreme Court

NOoA anu La SeIIe Counties Still ARitat-
ed Over the Decision of the
Supreme Court.
CHICAGO, Jan. 21.-As only the head
notes have been received here of the de-
cision of the supreme court declaring
the unconstitutionality of the probate
ties, there is much uncertainty and
difference of opinion among lawyers as
to its scope. Mr.. E. Nj. McCogg, one of
the most prominent and careful lawyers
in Chicago says the probate court OF
Cook county has done, during its exis-
tence, n very large business, much of
which possibly will have to be dOue over
again. This decision, as it is understood,
does not leave Cook and La Selle coun-
ties without probate courts nor will it in
any way stop the due administration of
estates, but it sends all such matters
back TO the county courts which have
been all the time in existence, and which
had exclusive jurisdiction over probate
matters up to the time the probate courts
were created, and which jurisdiction
they have never lost. The first announce
ment of the decision created
a good deal of alarm, but
though it will cause some trouble ii
seems unlikely TO entail any such grave
consequences as were first appTehended.
The same opinion takes away the chan
Gerry Jurisdiction OF the county courts.
This may trouble persons who obtained
divorces from those courts but the chan
Gerry business transacted by them has not
been large and the fact that The orders
and DEGREES rendered by them are void
in view of the law which protects all
N hnca Ha,, ell a N
appeal to the authority of law cannot
create any grave difficulty. The decis-
ion causes universal comment here to-
day among lawyers and no little excite
ment On account of the uncertainty in
volved. A meeting of the bar associa-
ton Is called for this afternoon to dis
cuss the situation and steps will be i'm
mediateiy taken for rehearing The
first will was probated in this court De-
cember 18th 1881. In all six divorces
are said TO have been granted by the
county court, which will, if the decision
is as sweeping as at first announced, be
utterly invalldated. Three thousand
three hundred and ten wills have been
probated in this court, and the same
number of estates are involved in the
decision, including some of the largest
in the city, notably the Newbury estate
and the Taylor estate. The former has
been in litigation for several years and
the case, at best very complicated one,
is involved in fresh disputes. One re-
markable feature OF the decision is that
the supreme court has remanded the re-
versed and affirmed decisions of the pro-
bate court of this county.
The lawyers met this evening but the
meeting was taken up with the discus
sion of jury picking and the adoption
| of resolutions denoucing that practice
and calling for the execution of the law
in selecting Jurors. The supreme court
decision was discussed privately and in
| formally among the gentlemen present
but no formal expressions of opinion
were made. Among the jurists inter-
viewed, Judge Drummond gave the
most moderate view of the case. He
was unwilling to pass any opinion with
out reading the decision, He thought,
however, the apparently surprising bad
results could very largely be obviated
| by legislation. He thought it could be
laid down as safe proposition that if a
court is an unconstitutional one then its
business as a court is certainly invalid,
but though the acts of a court may be
! invalid, many of its acts can be righted
by legislation. If the decision is to be
| held as sweeping the probate court
out of existence Legislative
act would be valid which would
provide that unless steps were
taken by litigants, within a given
period to openly nuliify particular acts
Of the court, they would be held 10 be
valid. This would tend to cover the
bulk of the business of the court.
Judge Knickerbocker, who presided
over the probate court, went fishing TO.
day and no one has been able to find
him for an interview.