Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-07-24
THAT DECISION.
Judge Adams Ruling i'm the Elec-
ton Contest Case.
Regarded a. Very strange Finding in
View OF the Facts---Judge Wiikin-
sons Opinion.

The decision OF Count y Judge Adams
in the mayoralty contest case was filed
too late yesterday for the ARGUS to give
only tue points on which the ruling was
based. so today we append the docum tent
in full:
James W. Csvanau9h VS.. William Nc
Conochie, N the county court, July %.
1889. Their is proceeding by petition,
under the statutes, brought in the name
of James W. CsVanangh to contest the
alleged election of William McConochie
to the Office of mayor of the city of Rock
Island at the last spring election.
The statute aesignates the county
court as the proper tribunal for the hear
ing and determir atom Of such cases, and
requires the person, contesting to file his
petition therefor with the clerk of the
proper court within thirty days after
the result of the election is declared
The vote in this ase was csngassed,
and the result al noulced on the 5th day
of April, and the petition herein filed in
the county court on Me 4th day of May
thereafter, and the cletI on the same day
issued summons theeon returnable to
the next term o. this curt to be begun.
etc. on the second Motiay of July next
thereafter. Upon the second Monday of
July (being the irst dayof the July law
term of the county cCIrt, the defend
ant, by his counsel. bpeared specially
for the purpose of moAug the court to
quash the summons and dismiss the pro-
ceedings on the ground bat the county
court has no Jurisdiction . hear and de-
termine a case of this naiare at law
term, hut that the same saould have been
brought to probate tenn. and these
only. The probate terms of this court
begins on the first Monday f each month.
There are but three termsin each year
fixed by law for the hearin, and trial of
common law cases, and these begin on
the second Mondays of Marh, July and
November.
The supreme court of this safe has de-
cided in the cases of Kruti Y Behrens-
meyer, reported in the 1al n. E. re-
porter at page, that q preceding to
control at elect on is not common law
case, but Is to be regarded asa probate
matter and properly to be brought to a
probate term Of the county ourt, and
not at law term.
This point being settled by our su :
preme court and the proceeding before
us being brought to a law termand the
summons made returnable TO la~ term.
when the case should have been brought
and the summons made returnstie to a
probate term, beginning on a dferent
day from that on which the Law term
began, the summons must be he'll bad,
and The court las no jurisdiction # the
defendant in this proceeding.
What then is the status of the cae in
ant moves to dismiss the petltio nfor
want of jurisdiction in the court.
! The county courts of this state hav, a
twO-fold jurisdiction. separate and d.
tinct in their character, and similar D
some extent in their nature and operatio
! to the law and chsncery jurisdiction o
! the circuit courts.
The law Jurisdiction is limited to sue
matters as are specifically mentioned il
! the statute cOnferring the same, and suCl
matters are to he heard and determines
at the law terms only.
But the prot ate jurisdiction is genera
, and includes not only matters relating t
| the probate of wills and settlement of es
tates. but all other matters of which tn
court has any Jurisdiction (exceptin
only those matters specifically mentione
| in the statute comforting common la'
| jurisdiction on the court) all of which ar
TO be considered probate matters and t
be cognizable At the probate terms.
| This appears to confer two separat
and distinct jurisdictions, to constitnt
two separate tribunals having separat
and distiDcts dOckets and records-simils
IN their nature TO the law and CHANGER
branches of the circuit clerk, and presid
ed over. as therein, by the same judges
As the judges of the circuit court 8
as chancellor Ut law Judge according 6
they may be hearing law a CHANGER
case, so the county Judge. during ii
three terms il each year when the la
and probate terms are concurrent, sits {
a probate or Jaw judge according as b
may be hearing probate matter or la
case; and as it is necessary, in order
l give .h- -s----s. -zls---.- - s--7..- ~,
er class of cases, law or chancery, thu
each case should be brought in the prop
er manner to the proper court, the la
case to the Law side and the chancery
the chancery side, by the same rule
seems necessary to bring probate matte
| to the law terms of the county court.
a law case is brought as q suit in chsl
Gerry the circuit court will dismiss it, ar
it will deal in like manner with char
| branrht nd tact1od 10
case. The two jurisdictions are distin
and there is NJ power in the circuit cou
to transfer suit improperly brought
either side of The court by simple ord
to the other. There is no doubt but tn
case properly issued but erroneous
placed upon the wrong docket by Il
clerk may be correctly docketed by
simple order or direction of the court.
The supreme court of this state has he
in the case of the city of East st. Lou
VS.. Wittish, 1OS H., $50, which was
petition for a special assessment. that Il
county court has no Jurisdiction of
common law case brought to probs
term, and has sustained the county cou
in dismssing the proceedings as brougf
The courts of different states in the a
sence or an e2 press statute authorizing
held that one court las no power to tran
fer case wrongly brought to it to Il
proper court having jurisdiction of t
case, but that it must be dismissed and
begun anew in the proper court. A
this reasoning applies not to different a
distinct courts only, but to courts havi
two or more distinct Jurisdictions a
presided over by one and the same Jude
We may quote the supreme court
Indiana as holding this view with ref'
ence to its circuit courts which have CO
ferred upon them probate jurisdictio
and the supreme court of Arkans
where the county courts have probs
Jurisdiction. and which holds in A
kansas 1856, hat the presiding Judge
the county court can only exercise p'
bate jurisdiction when sitting as a jud
| hat all