Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1883-09-14
Probate Judges.
EDITOR STANpAIn:

LDIlOR 'DTANDAND.
Within the past two wears, | have
had occasion u examine record &,
'roceediu S. &C., in sev.,c' of uur
Pr ba e Cou, -, conn &C.,.
It'll :. i AN. &c. L g., discoveries
made. o,nIm- hose tXiuiins .nrs,
have IN Il m-a-uie Induced unc I"
write this letter. The public, or
people. as a whole, know or seem to
know ht:le of The vast and important
interest founded on and growing out
of the law of succession" On
this law is founded all the ties,
bonds and interests that bind the
.miiy and civil community together
1t Is bul a reasonable and le4itimale
result of the natural law. In fact,
it may be said to a branch of the
natural law, modified by the civil
order.
Juriss and eminent law commen-
tators, lays IL down as one of the
most difficult, intricate aud complex
branch of jurisprudence. To pro-
perly administer the law of success
sion, requires legal ability, power of
analysis, close reasoning, minute
and strict attention to details and
the local law. In fact, none but
persons learned in the law should be
intrusted with the powers and dis
cretions of the Probate Judge.
Upon the proceedings had and done
in Probate Courts depend titles,
rights and interests innumerahle and
| beyond price. Shall these interests,
so near and dear to every hearth, to
every community, be administered
and passed upon by the ignorant and
uniniormed, or by the intelligent aud
instructed? The Probate Judge OF
this county, it may be said, however,
is an attorney, gentleman in
stracted in the law, and the records
of his term show comprehension of
the duties of his Office not always
found in the Office elsewhere.
Another difficulty SCENE to be, 10
some places, that the Probate Judges
have acted as counsellors as we'll as
judges in matters pending before
them. Parties having the admins
tration of estates, it seems, sooner
than to incur the reasonable expense
OF an attorney, have, with the assis-
lance of Judges unlearned in the
law, assumed aud performed duties
and work that had better for all
concerned, been left undone. A few
years hence as population increases
and lands and rights become more
valuable, he penny.wise and pound
foolish system will be more apparent;
then those who are to blame will
wish they had at the proper time em-
ployed competent counsel. The re.
cord of our Probate Court should be
full and comprehensive in every de-
tail required by law. The Probate
Judges are prohibited from acting as
counsel In matters before them, and
yet IN ninty nine cases out OF hun.
dred, the records show that they
have been counsel, attorney, witness
and judge. They have advised and
passed upon papers prepared by
themselves. The records would be
more clear, the law more strictly adj
hered to, if tie Probate Judges
would adopt, as they have a right to.
rules for tteir Courts, and let their
proceedings, rulings and judgments
be upon papers aud cases prepared
by attorneys, for the estate, or party,
aud not upon papers and cases pre-
pared by themselves. The Probate
Judges should be paid salaries. in
stead of fees, and the County Audi
tor should be er-o6cio Clerk of the
Probate Court. The plsn of making
the Probate Judge his own clerk, and
making his compensation dependent
on the fees Of Office should be abol-
ishtd by our next Legislature.
p. p. CARROLL.