The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-10
THE PROBATE JUDGESHIP.

The withdrawal of Mr.. MARSHALL from
the probate iudgeship of this county does
not create difficulties exactly, it simply
brings US face to face with many which the
evil legislation of Congress has foisted
upon US. In former times, when from any
cause there was vacancy in that import
ant Office here or elsewhere, all that had to
be done was for the selectmen to get to-
gether and choose a probate Judge dd in
tcrim, and thus the business interests over
which that official had authority were not
subject to loss or unnecessary delay. Now
it is all different. The official must be ap-
pointed by the President of the United
States, and if Congress be in session he
must be confirmed before he has authority
to act
We all know something of how
long it generally takes the
head of the nation and it's de-
palt nents to get around to business relating
merely to locality, and that locality a
portion of a community. We are not even
secondary considerations here, but are en-
tirely at the mercy of the powers that be
elsewhere, and if they should conclude not
to act at all, there would be no remedy that
we could apply. If it were possible to ap-
ply any, this would certainly be the time
and place for it, but nothing of the kind is
left unto US.
The condition of probate business in this
county is not and never of late years has
been in any too satisfactory condition. 1t
almost invariably takes so long a time to
get an estate matter wound up and out of
the hands of the law that many of the
parties interested die before that point
is reached; it is the dullest and dreariest
practice on earth, unless it may
be some of the chancery courts Of England;
but how much worse does it become when
we are left without Judge of probate al
together! BY such means the voluminous
business of the county, which under or
binary circumstances requires unremitting
attention to keep even with, accumulates
to such an extent that congestion is the
result; inconvenience, delay and loss re
sulting as a matter of course
Before a successor to Judge MARSHALL
can be appointed and qualified, the mis-
chief that will be wrought in the manner
specified cannot well be estimated Orders
that were made returnable within the
vacant period will of course become nil. and
they and all proceedings to which they re-
late will in most instances have to be gone
over again, involving hardships and more or
less loss to all interested parties, but press
ing with particular severity upon those who
live at remote parts of the country and
whose pilgrimages to Salt Lake, with the
time involved, are expensive luxuries.
1t is all an apt but exceedingly severe
lesson illustrative of how inefficient Con-
gress is in dealing with the territories.
more particularly regarding matter of the
kind referred to. Probate business being
peculiarly and almost exclus-
lively local in its operations, would seem to
be subject with which those Immediately
affected should alone have to do. But no;
in its rapacity and determination to reduce
in the dependencies to the
lowest possible proportion, the national
law-making power seems to be utterly re-
CARELESS of public veal or private welfare,
and it is not likely to be different for three
or four years at least.