Arizona republican., 1905-01-20
A Bill for the Creation
 of a Superior Court
PROBABILITY OF PASSAGE
It Involves the Wiping Out Of Probate Courts and Provides for Concurrent Jurisdiction With the District Court. Clerk Resolution to Be RecOnSidered

Some important legislation was un- dertaken by the assembly yesterday. MT. Wilson of Pima introduced an Act to create and establish superior courts in counties of the first class It is elsewhere stated that the bin is applicable to counties having an as- sessed valuation of s4.OOO,OO or more. There are five such counties in the territory, Yavapai, Maricopa, Pima, Cochise and Graham. This legislation is said to have been recommended by the territorial bar association at the meeting held here a couple of weeks ago.
 It is provided that the superior judges must be practitioners before the supreme court of the territory and must have been residents of the ter ritory for at least two years. The bill as originally drawn required a resi- dence of four years. In the event of the passage of the bill the superior judges will be appointed by the gov ernor for a term ending Jan. 1907 At the general election the preceding No vember the judges shall be chosen and at alternate general elections thereafter for terms of four years The governor is empowered to fill vacan- cies in the bench caused by death. removal from the territory, resignation or impeachment.
 The salaries shall be $3.6OO a year. When required by exigencies one judge may sit within the jurisdiction of an other and in that case he will be al lowed his travelling and other neces- sary expenses, to be paid by the county in which he sits.
 The court shall be a court of rec ord and shall have a clerk and seal. It shall have original criminal juris- diction and shall have equal concur rent common law, equitable. statutory appellate jurisdiction with the district court in all cases It shall have orig inal concurrent juridiction with the district court in all cases in equity and in all cases at law which involve the title or possession of real estate: in all cases in which as much as S100 is involved. in felonies and misdemean- ors not otherwise provided for and in div,orces and the annullment Of mar rias!es.
 The superior court shall have ex- elusive Jurisdiction of all probate mat ters and naturalization and shall have appellate Jurisdiction in eases arising fin justices courts and inferior tribu- nals. It shall have power to issue writs of mandamus. certiorari pro injunction, quo warrantO and habeas corpus. Cases from the supe- rior court may go to the supreme court on appeal or writ of error The terms of the court shall begin on the first Monday of February, May and OctO- Der.
 The court may appoint commission CTS having authority equal to that eX- ercised by commissioners of the dis trict court. The compensation of the clerks of the superior court shall be the same as that of clerks of the dis trict court. In order that the probate judges in counties where such courts are established shall not be legislated entirely out of office. it is that such judges shall be first clerks of the court. their terms ending on January l. 1907 Tn the absence of a superior judge his clerk shall have jurisdiction in all pro bate matters. All present acts relat- ing to change af venue shall be aP- plicable to the superior court
 Court reporters of district courts shall be ex-oflcio reporters of the superior courts and shall receive in ad- dItion to the salary they now receive by law an additional salary of $60O. The foregoing are the main points Of the bill
 It is generally believed that the measure will become a law. Most Of he members of the legislature who nave been seen on the subject are fav- orable to it. It was thought that it would be opposed by the district judges put on the contrary those of the south ern districts are said to be friendly .o it. It has been urged that relief If some kind is necessary in the coun- ies of Pima and Cochise especially. where one term of court runs into an- other with a docket far from being clear. It is also pointed out hat aside possibly from the aXpayer the only persons who could be adversely affected are he clerks of the district courts and he judges of the probate courts. One If several arguments which have been ut forward is that probate matters would always be in competent hands whereas under the present arrange nent the probate judge is not neces- arily conversant with probate law and practice.
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