The evening times., 1900-04-04

! YESTERDAY looking TO the creation OF a
/ Probate aLd Divorce Court as a separata
I branch O. the supreme Court of the Dis
4 trict is. II itc uatcre Of things, the BE-
ginning @: a lgat against the adoption OF
the section o. nc proposed new code o.
laws for the eolelnueut OF the Dist,Ict,
/ which provides Icr tlt abolishment OF the
Office OF Register Ct WIS. The bill D. O.
pidts that the new court shall be pre-
sided over by an addit onai Jusu-e OF the
Supreme Court of the District, who shall
be appointed by the President, and tnHI
the Register OF Wills shall act IS c-erk
OF the court The Lew code p.oN.Ces
that the Office Of Register of Wi s SHALL
be abolished. and that the duties LOW pr
formed by that officer shall come uncef
the jurisdiction Of the C-eTk Ct the Sd
preme Court OF the Dist let
Among the reasons advanced for the
abolition Of the Office OF the Register cf
Wills for the District are: Fir { That I
viii reduce the experse to litigants, ard
I also that il will permit of greater oolve-
/ nienCes TO litigants and attorneys in tie
matter Of appeal from the decision OF tle
Register If the business of the office was
connected with that Of the Clerk of the
Supreme Court for the District. The
abolition Of the office. il is stated is IA
]
The bill pryidiug for the establi shment
Of Probate and Divorce Court requires
that all proceedings fer d .vorCe CT tn >
annulment OF marriage shall be held in
open court Under the pICsen; moae OF
procedure nearly all matters in CONNIE tic II
with divorce proceedings are ternlne
by testimony in the form of depCsitioEs
presented 10 one OF the Justices presid Il :
IN equity.
The statement that the r g.s,er q WIS
has not the power to certify TIE ie2o-Gs
Of the court for use in other jurisdi tons
is denied by many of the friends of MIR
Dent. the present incumbent OF the Office.
II is claimed that under the statute lie
has this power. and daily exercises It by
certifying records Of the Probate Court
for jurisdictions in different parts OF the
United States and in matters of appeal 10
the Court Of Appeal for the District. An
other reason advanced against merging the
two offices is that il wodlG pace Washing
ton alone among the large cities Of tie
country as one without sdfiiliCn, 20 II ia
cilities for the despatch OF all probate
business
Following is the full text of the bill:
BE il enacted IN the senate and House Of Repre-
,.Hts'iyCS of The United states # America in Con
crsss as-ruhlCd. That there shall he aud tnere iS
hereby c-rahl shed ia the District oi Columbia d
Count. to he known a. the Court of Probate and
D!yuru, # fHr Di>trIyi q Columbia, which shall
be- presided over 10y one Justice Who shall be
appointed by the PrC-iaeut. 10y and with ihc al
Ni-e and consent Of the senate and stail bold
Uiilce duriag good behavior
Section - That said Justice shah receive an an
uual salary o1 >G5pl. payable monthly at the
Treasury OF the United Static, one half Of which
shall bc paid ou, ~ The revenues Il the District
OF Columbia.
Section 3 That said Justice before be cn,ers
upon 40, duties oi his office. shall take the oath
prescribed Toy law te he taken by the Judges uf
the courts of ;hc United states.
Section 4. That the said GCUrt shall have and
exercise exclusive jurisdiction IN all matters and
CAUSES relating 90 the administration and settle
mgrt and distribution ~ the estates Of deceased
persons the cstst,s and fae4Sons uf minors and III
competent insane persons. ana in all cases ot
divorce or auuulmert of marriages. Ia thg same
extent THAI ne supreme Court Of the District OF
Columbia now hs~ iur -iiction " such matters ami
causes. Provided that Ia all proceedings Tor d
vorCe and 5unulm.nJ # marriage, the testimony
shall he taken in open COURT y shal! also have
exclusive Jurisdiction al common law and in
equity u al causes Involving the sale Of the real
estate Of q deceased person for TIE paEnlent ui
debts or leeao e. tee sale Il real estate Of in
fauts incompetent or insane persons. except in
cases gt partition. tne settlement Impeachment
of accounts uf personal Representatives of deceased
peIsois. guardians ui infants and committees CT
iurompetCrt OF insane persons IL shall have
power 10 ,nipanel a jury and 10 try any and all
issues uf fact iu CauStS and matters within us
Jurisdiction which il Is legal and proper To 50 try
under the laws and practice in force ia the Dis
trict OF Columbia. And whenever jury shall be
required for said Cont. the Clerk OF the supreme
Court uf the District II Columbia shall draw the
names oi the Jurors from the box an The same
manner required by lsw for the drawing Of jurors
To serve in the laS; named court 4 certified copy
Of an order by the said Court 81 Probate and Di-
vo-ce rrquiring jury To he drawn. lodged in the
Office Of the CLERK cf the said supreme Court, shall
be sufficient authority fog said tieIA 10 draw TIE
same.
Section ; The Register II Wills oi the Dis
tTict of Columbia. IN addition 10 the duties now
required Of hin. toy himself and assistants, shall
sgt as and peffurm the duties OF clerk OF said
Court OF Probate and Divorce. shall sign and at
test all process and orders issued ly said court,
and shall certify all records i the same. he shall
be- and hereby j. officially designated Register q
Wills and CLERK of The Court of Probate and D-
vtrce. And the said Register II Wills in any case
where there !, no controversy. may admit viii
TO probate. appaiu an executor or administrator
guardian OF committee u an insane person. sub
jcCt % review lay Ihe court He shall also have
poUuT 10 pass claims against the estates of de
ceased persons. irrespective . amount. the limit
ot his jurisdiction Go claims Of $500 or less as
htrr0f0rc fixed 10y laN. being hereby removed
lie shah also have power L. regulate The number
and Cgmpg us.jfau uf the employees OF hS office.
aS hc may deem rerc srE for the proper execution
of The Work. The compensation OF the Register
Of Wills shah bc. and hereby l.. fixed at 5000
per JuuUnl, TIE same - j. ROW received hy IN"
RecogtCr-of Deeds provided that his compcnsa-
tion. d, well as l'at Of bi> employees. shan ne
paid. together with other expenses Of the office.
uut Of the fees derived ther,frcm. and shall not
be charge upon jhe Treasury Of the United
StateS
Section d. That said court shah have power to
fix times for holding tcnES of said court, to make
all rules Of practice in sJid court not inconsistent
with law and 10 alter and amend the from
time Time aTd To prescribe forms OF process to
be issued in the exercise OF its jurisdiction. II
shah also have power to fix all fees to be charged
~ts.
rendered by him as well as for the additional
services prescribed by this Act. provided that
there shall be substantial reduction Of the
same. and To regulate the time and manner Of
collecting them from the parties for whom such
services are rendered or are 10 be rendered.
Section :. Upon the passage of this Act all The
papers and records in and pertaining TO the office
Of Register Of Wills OF the District Of Column
ha shall be and become records and files oi said
Court Of Probate and Divorce. and all matters
and causes then pending IN the Supreme Court OF
the District OF Columbia. Of which the said Court
of Probate and Divorce is given jurisdiction by
the fourth section Of this Act, shall be and arc
hereby transferred from the said Supreme Court
10 the said Court Of Probate and Divorce, and the
Clerk Of the said Supreme Court shall deliver to
the said Register az Wills, as Clerk OF the said
in or pertaining TO said matters and causes, to-
gether with copies OF all orders made therein by
said Supreme Court.
Section s An appeal shall lie from the orders,
judgments and DEGREES of the said Court of Pro-
bate and Divorce, or The Justice thereof, TO the
Court of Appeals OF the District Of Columbia, IN
like cases and under similar circumstances as
appeals lie from the orders judgments. and de-
crees Of said supreme Court TO said Court Of Ap-
pcals.
stciion O. II the Justice Of said court shall be
absent on account of illness other causes, or
shall be disqualified TO sit in any cause pending
in said court, Justice Of the Supreme Court OF
the District Of Columbia shall be assigned by said
Court 10 SIT in said Court of Probate and Divorce.
and may exercise all the jurisdiction that may