Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1905-07-06
Tho ORPHANS Court.

The Orphans Court.
Judge Stockbridge Of Baltimore, IN
his report on legal reform read before
the Bar Association Of Maryland, al
Hagerstown, last week, had this obser-
walton to make as to Orphans Courts
with respect to the orphans courts, the
dissatisfaction with the present organization
is quite pronounced in some OF the counties
even more so than in the city. That an
identical system cannot probably be adopt
ed with regard to these tribunals in the
counties and the city will be appreciated
without any enumeration OF the reasons.
In the city of Baltimore the time seems
ripe for no less radical reform.
The Orphans Court sits with its three
Judges each day of the week for a limited
number of hours, considerably less than any
of the ether courts, yet it costs the people
fully as much. Thus in 1904 the salaries OF
the judges of the Orphans Court footed up
the sum Of $S,424, or $3,494 more than the
salary received by judge of the Supreme
Bench This tribunal is one of limited
very limited-jursdiction II can hear and
dispose of certain causes by the agreement
of both sides, as a sort of arbitrator, but
apart from this its duties are for the most
part of routine nature. Assuredy the
character of the business and the amounts
and interests involved would justify some
what different organization. Much of the
routine now performed by the court can,
and properly should be, intrusted to the
Register of Wills; the present tribunal of
three judges could with advantage be re-
placed by a single judge, who should be add
ed as an additional member to the general
bench of the city, and the jurisdiction should
be so enlarged as to enable jury to be sum-
moned into said court whenever required
for the hearing of issues which are now re-
quired to he sent to a court of law, and also
the jurisdiction should be conferred to cover
all cases of suits by or agains; executors, ad-
minstrators or guardians"
We concur IN the idea that Judge
Stockbridge desires to convey, to wit:
that our present Orphans Court system
should be reformed, amended or abol-
ished-preferably abolished. But how
is this TO be accomplished?
1t will require an amendment to the
constitution to change the system and
the people have to decide and Judge
Stockbridge little knows the difficulties
in the way Of passing an amendment in
the General Assembly. We happen to
know something about this, for in the
session of 1900, bill was introduced
by the writer, having its object the alb
clifton of the Orphans Court. 1t re-
quired three tifths majority to pass
the bill through the house, it is need
less to say that the bill got three ffths
majority against it. Members who
heartily agreed with the subject Of the
bill voted against the bill saying, "l'm
in favor of it, but could not 60 back
to my county and face my constituents
if l voted for that bill. there are too
many people in my county who want
to be judges of the Orphans Court.
Think of it'll You go out and get
three men who know no more about
testamentarY law than child, and
they are elected as judges Of the Or
phans' Court. They have to pass upon
the most intricate questions arising I'M
der the law in the administration of
estates OF not hundreds Of dollars, but
millions. The constitution Of 1867
never contemplated the great change
that has taken place in the requirement
of such large estates. At that time a
mans personal estate was Of great in
significance, comparatively speaking,
and this office was created solely for
the benefit of the laity.
1t costs this county now something
like $4,000 to $4,000 per year for the
Orphans Court. Would it not be pos
sible to get one man for $500 and
have him qualified man in the law2
Or why not let the judges Of the Cir
cult Court sit one or two days in
week as an Orphans Court? Our
judges get a pretty good salary, and
this would not make their duties onor-
Is, hence there could be a saving Of
this sum to the taxpayers.
But the people will have to say if
there shall be change, and they must
decide,