The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-02-26
CONSTITUTIONAL CONVENTION.
Reasons WHY the County Court Should
be Abolished.


be Abolished.
am aware that the proposition to
abolish the County Court runs counter
to the incrusted prejudices of ignorance
and tradition; that it will arouse the
opposition of some selfish and narrow
minded district politicians who profit
by the abuses of the existing system,
and that it will excite the malignant
oppose their puny power, or raise the
standard of reform against that hoary
anomaly which affords them certain
questionable opportunities; but this
force has ever been in noisy but futile
opposition, and it must inevitably yield
to the progress Of ideas and to the adj
vancement of civilization.
1t is to be regretted that every man
has not reason enough to listen to an
argument, or sufficient patriotism to
consider the welfare of his country, or
| that anyone has too much conservatism
to consider a change; but such unanim-
ity cannot be expected and progress
has ever made its way regardless of the
complaints Of those who were not able
to keep up with the procession.
In the last paper on this subject we
| offered some reasons for the considera-
ton of the thinking public, why the
| County Court should be abolished that
it was an anomalous compound of legis-
lature and court and too cumbrous and
unwieldy for the transaction of either
class of business.
1t is our purpose in this article to urge
| these objections with some more par
ticularty.
As stated heretofore the duties and
powers of the County Court may be
classified into those which pertain LIST,
to the legislative department, such as,
! for instance, levying taxes, the creation
and changing of school districts, the
opening, closing, or changing of public
! roads, the establishment and general
supervision of roads and ferries, water
courses and local improvements, the
erection and control of county build
ings, and the appropriation of the pub
lie money, and other duties Of similar
character unnecessary to enumerate.
And 2nd, into those which pertain to
the judicial power, such as, for in
stance, the administration of estates of
decedents, the probate of wills, grant
ing of letters testamentary and of adj
ministratiOn, and all controversies in
relation TO the right of eXecutorship, or
of administration, the appointment and
removal of guardians for minors and
persons of unsound mind and all contro-
verses as to the right of guardianship,
and the settlement of guardian ac-
counts, the allotment of dover, parti-
ton of land or sale for division, the
changing of names and the legitima-
ton and adoption of children, the issu-
ance of inquisitions of lunacy, the bind
ing out of apprentices, and many other
matters that might be mentioned
These judicial powers have been from
time to time increased by the legisla'
ture There are other duties that might
more properly be termed ministerial
A duty is ministerial when the law
exacting its discharge, prescribes and
defines the time, mode and occasion
of its performance with such certainty
and precision as to leave nothing to the
exercise of Judgment or discretion, il
cOntradistinction to those in which the
officer is permitted to examine whether
thing proposed ought or ought not t.
be done, or whether it ought to be don,
in one m inner or another; such, for in
stance, are the duties of appointing ju
: rors, judges of election, officers to wal
on the Circuit Courtto fill the vacancie
in certain offices, to elect a long trail