Savannah morning news. [volume] (Savannah) 1868-1887, 1884-09-29
rae oRDrNAnps OFFICE.

Lawyers, Copyists and BookkeePers.
Editor Morning. No,us: Having under
consideration the public interests and
those who are justly termed public SER
1antS, in whose hands and Judgment the
public and private interests Of individuals
are placed for lawful and just execution,
| wish TO submit few practical
remarks in reply to friend "Citi-
zen, and his views Of the
qualifications necessary to FIJI the Ordi-
uary's office. which he so kindly submit
red TO voters, without regard TO personal
or Driudte preference for candidates,
through the columns of yesterdays NEWS.
In the first place, | will take it for
granted, yes, admitted, that "CitiZenn is
neither candidate, nor has he expressed
his sentiments, because Of personal pre-
ference for any one in the field, though he
seems to be quite familiar with legal
terms and ideas which, to my mind, gives
him the tenor Of a ldl1yer.
And "Citizen,o like many others, would
have us believe that all law and most
offices are made by and for lawyers,
spirit which ! know to be distasteful to
tins honored profession, and least Of all
nurtured by them.
But it has been said that because of
improper construction of Wills, or through
trOrrs in settlements OF guardians, eXecu-
tors or administrators
nence the public needs would seem to de-
mand some other qualification than that
Of a copvist or "a bookkeeper."
While this may be true TO some extent,
let me ask if this same strong argument
of sSCitizeno against the "copyist and
hOokkeeper'' does not exist hundred per
in nf
bunals-from the decisions of Justices
Courts, Superior Courts, and even the
highest and final resort of appeals have
been known to reverse itself but too often.
Why is it? Who does it? Is it the
right and intention Of the Ordinary.
Justice or Judge that litigation should
20 on. that estates should be thus wastedy
Certainly no one will charge that; and
believe the numerous cases reported VIII
bear ME out when / say that it is the
parties themselves, some interested to
greater or less degree, contesting the
claims of others who may or may not be
in some way concerned.
Again, if the conclusion of "Citizen"
with regard to the eligibility of Ordinary
be absolutely correct, then no one but
lawyer should be eligible to the office of
Justice of the Peace; for the same ques-
tiOns of law, practice and pleading arise
frequently appealed to the Superior Court,
thence to the Supreme Court, Than those
that have been rendered by the Ordinary
of this county.
Our code provides that Judge of the
Superior Court must be a lawyer and
have practiced law for seven years; but
the eligibility of Ordinary shall be the
same as the Clerk of the Superior Court
not that he shall be a tGtCyer-he cannot act
nflN1afr fafr fn1r
or other agent of fiduciary nature. HIS
duties are prescribed, and the way and
means OF performing them are plainly set
forth, so that they can be easily under
stood by a COpyist, a bookkeeper, banker,
cotton merchant. mechanic or labOrer,
just as well as by a ldl1yeT; but, techni-
calities of law, caused by tricks and lille
gal actings and doings of executors, adj
ministratOrs, guardians, ETC., in the man.
agement of estates, give rise to puzzles
for lawyers, and, as chance games for It'll
giants often cause judges and juries to
err in their judgment, and thus estates
are tCdSted IN litigation. This state OF
affairs have been going on ever since
there was a law, and will continue so
whether a lawyer is Ordinary or not.
Let me correct mistaken idea of the
office of Ordinary, and it is this: That it
is, in fact, an office of reference, court
of the Clerk of the Superior Court, where
in it is the duty of the Ordinary, or his
clerk, to keep correct and suitable books
for the following purposes: A book for
the record of wills; another Tor the re-
cord of all letters of administration and
guardianship; separate books for the
record of appraisements, inventories,
schedules account sales, current ac-
counts, vouchers, marriage licenses;
official bonds to keep their books
and papers arranged, filed, labeled
and indeXed for public inspection,
etc, and, indeed, in my judg-
ment, and in the opinion of lawyers. the
Office demands a plain cOpyist and
correct bOokkeeper more so than it does a
lawyer whose writing wouldn't compare
with the scratching of a hen upon the
sand. may also state here that in most
of our large counties, wherein are STU
ated the principal cities of the State, this
office is not filled by a lawyer.
In conclusion, when | say that the office
of Ordinary under its present esteemed in
cumbeut, the Hon. Hampton l.. Ferrill,
has given general satisfaction in
every respect; that it cannot be
said estates haze been lCdSted
in litigation bq his errors IN the improper
construction Of l0iLLS, or through errors IN
settlements Of guardians, executors or dd-
nltlliStrdtOr rs, voice the sentiment of the |
honest and upright voters of this county
and city, who will see that the sO-called
cOpyist and bOOkkeeper be elected by a
deserving majority. TRUTH.
Sd0dRRGh, Sept. IS, 1881.