The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1901-03-07
A Simmons Signer Tells of the Quail
fications of John B. Simmons
for the Office.
PROBATE VERSUS CIRCUIT JUDGE
Judge Belden Well Fitted for che Probate
Bench But Lacking for the Circuit
Judgeship.

1t must be admitted that the people
want a man for the dignified and i'm
portant Office of Judge of the Circuit
Court, against whom and whose equip
ment and qualification no criticism
can be successfully made. Such a
man would be an ideal Judge, learned
in the law and righteous in his con-
duct.
The qualities and equipment needed
in Circuit Judge differ greatly from
those required in a Probate Judge.
The trainers of our laws and those of
most other States of the Union recog-
nized this when they decided that
Probate Judge need not even be law
yer. The courts differ radically in
many features, -the most pronounced
of which is that the Probate Court is,
fgurative1y speaking, a court of exc
cution, and the Circuit Court one of
litigation.
The Judge of Probate in almost all
the proceedings before him has his &C.
tons mapped out and laid down for
him, either by the direction of some
one else whose wishes he must carry
out, or by the State statute. He is in
the nature of an executive officer and
the main requirement in an incumbent
of that Office is that he be an honest
man.. The way in which he must
tread is so clearly defined, either by
express direction or by law, that he
cannot readily depart therefrom. Not
one per cent. of the orders or judg
ments of all the Probate Judges in
peal. Tie Probate Court is in it's very
nature not a Court of contention or
strife, but one of settlement and ac-
quiescence. That is its province.
The Circuit Court is a court of trial
in the true sense of the word,- court
in which one party is pitted against
others, seeking at every stage to gain
an advantage. The Probate Court is
one in which all parties to a proceed
ing are in a very great ma jority of
cases seeking to accomplish the same
and all working to bring it about
without friction or feeling. Most pro-
ceedings in Probate Court are taken
because the laws compel the parties to
come there to obtain not redress Or
satisfaction for damage or injury, but
to obtain the seal of the State upon
something which in most cases result
in their profit and satisfaction.
The Circuit Court is the court to
which man comes to right wrong,
redress an injury, prevent injustice
and crime. Into its cases men bring
their passions, prejudices, beliefs and
personal feelings. To preside over the
Circuit Court requires a man of very
different stamp from a successful Pro-
bate Judge. In the Circuit Court he
has no directions except those he can
gather from his knowledge of the law
and his experience gained in its prac-
tice. He ought to know as much or
more than the attorneys who practice
before him. He should be profound in
logic, deeply learned in the legal pro-
fession, man of moral strength, and
above all, man suited to weigh and
determine distinctions. The require
ments of Circuit Judge are varied
and perp1exing, not to be acquired at
birth or by fortunate circumstances
they can be acquired only from long
and careful training and the hard
knocks of experience.
A man might be a model Probate
officer. and his official record might be
glittering halo of propriety and hon
esty, and still he would be capable of
becoming failure and farce uTon
the Circuit bench The duties and re-
ca1ly different, SO much greater and