Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1904-09-29

| StOp W0o AIuuO OANVl uI6IUA0Il' AhO
night was spent at Glendive, Mont.
The first stopping point in that
state.
OFFICE OF PROBATE JUDGE.
The following communication on
the duties OF the above Office and its
growing Importance has been received
from a resident of the county:
Editor Alert The Office OF County
Judge is, next to the Office Of district
judge of the.Judicial district the..most
important Office controlled by the
vote of the citizens in the county.
but it is one of the offices in which
the qualifications OF the candidate is
given the least thought. More i'm.
portant matters are transacted in the
county courts of this state than most
of our citizens realize, and we pre-
sumo they do not realize this con-
dition of affairs for the simple reason
that mparatively few OF the
citizens have occasion to transact
business in those courts. The court
has original jurisdiction over all
estate matters Of deceased persons
and guardianship matters of minors
and persons declared to be incom-
petent to handle theil own affairs.
AS the state grows and the COM
munity becomes older the county
courts will be called upon oftener to
exercise their functions than they
have in the past. From the State
ments of attorneys practicing in..coun-
ty courts, we have learned that there
are large percentage of probate
cases which have been improperly
handled, and that it has become
necessary in perfecting titles to real
estate to re-institute proc ceilings to
correct these errors. Titles based up
on probate proceedings are scruti-
nized more closely now than they
we're few years ago, for the simple
reason that there has been more
activity in real estate and more
occasion to examine titles. The laws
and rules Of practice governing coun-
ty courts are not in an entirely set
tied condition. This is due to the
limited amount Of litigation.
1t seems to be the conviction OF
the bar in general throughout the
state that the law should be amend
ed, requiring the county judge to
be a licensed, practicing attorney at
law. Questions Of great Importance
are continually coming before the
county courts in the construction OF
the statutes governing the disposi-
tion of property by will and sue
cession. as we'll as guardianship mat
tiers. which requ ire the trained
mind of the p1acticing attorney.
No matter how good business
man a layman may be, and how co n.
scientious, and how good his judg.
ment may be in ordinary matters,
! he is not properly qualified to ad-
minister the Office Of county judge.
This is not said with any reflec tior
upon the candidate of the democratic
party.
Marion Conklin. candidate of the
republican party for the Office ol
county Judge, is an attorney engaged
, in the actual practice Of his profes'
J sion, and is considered one of the
best attorneys in the district, and
specially we'll qualified to perform the
duties of the Office of county judge,
: He has for years had large practict
in probate matters. as we'll as ir
general litigation in the district ant
supr eme courts of this state. ant
there is little doubt but If elected t
the Office of county judge the affairs
of the office would be administered
in q safe and conservative manner
and the matters Of Law presented tt
him would be decided accord ing tt
the established law of the country.
Doesn't it look reasonable in be,
J lieving that man trained In a
special line of work would be better
; qualified,a ,all other things being equal,
to conduct the affairs Of that special
, line than a layman who has never
had occasion to educate himself in
[ these special matters? This is a
matter which should be thoroughly
considered by every voter in this
county before casting his ballot.
1t is an Office by which thousands,
( and perhaps hundreds of thousands
of dollars of property are controlled
by the Judge, and the legal conduct
OF the proceedings, and the proper
disposition of the property would
) save the property holders a vast
} amount of money, whereas, on the
, other hand, if Through the incom'
5 potency of the Judge the office is not
} properly and legally conducted there
will be great deal of litigation in
} the future, which will be expensive,
t to correct the errors. For these rea-
5 sons the especial fitness of the candi-
- k,,1~A S<R,r