The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-31
REVISE THE CODE.
Rhat Is Cry That Goes Up From
Lawyers.
Bar Association Would Limit
Revisit n to Civil.
PLAN IS SUBMITTED.
IN is SUBMITTED.
Revision Covers Two Hundred
Sixteen Pages.
Abolition of Fee System In
Probate Court Suggested.

the entire code of legal procedure of
the state are planned and suggested by
lawyers members of the State Bar as
sociatfon. The only exception is that
In the ease of the criminal code. Both
the probate code and the civil code are
revamped and the work of committees
to which this labor has been charged is
submitted today.
The civil code comes up for discus
sion and it is expected that the con-
siderable variety Of opinion will be ex-
pressed upon the report of the commit
tee the membership of which consists of
.. H. Allen, w. II. Rossington, T. F.
Carver. J. D. Mcfarland all of To-
peka and A. w. Benson of Ottawa.
The revised code covers 216 pages of
printed matter and idea of the ex-
tensive character of the changes may
be gathered from the fact that 10 new
amended and Al sections of the present
code are repealed by omission.
The election of officers will take place
immediately following the above COM
mittee report. William P. billiard of
Fort Scott has been chosen as the new
president of the association for the en-
suing year. Lucius H Perkins of Law
renee retiring in his favor
The adjustment of the fee system in
the probate courts of the state is en-
dorsed by the State Bar association
L. B. Kellogg, appointed to formulate
a code of probate procedure read before
the meeting of the association this
morning. A fixed salary shall govern In
the place of the collection of fees which
is termed as undignified procedure.
In all counties having a population
of 10000 or more it is suggested that
a salary of $4,000 be fixed for the
judge of the probate court and for
the clerk of the court who shall serve
in the absence of the judge, as judge
pro tenn. $1,000 a year. The recon-
mendation made for counties having
a population of less than 5000 is that
the salaries shall be graded so as to
be equitable with the population. The
probate court code of procedure as at
present employed must indeed be
very unsatisfactory arrangement if
the comments made upon it this morn
ing by members of the association are
to be believed.
No question was raised as to the
necessity of the revision and the as
ISOLATION appointed committee of
three consisting of L. B. Kellogg of
Emporia. J. H. Stavely of Lyndon and
J. G. Slonecker of Topeka to prepare
the revision in form for presentation
to the Legislature for passage two
years hence.
estates in probate suffer as the result
of the present fee system, says Judge
Kellogg, and excessive fees squeeze
the estates to such an extent that the
heirs have but little left coming TO
them.
A probate judge must be a lawyer
That Is conceded as a necessary re-
quirement under the conditions which
will be imposed when the new code
goes into effect. Ethical standards of
the profession shall prevail and no
judge may practice in his own court
or any other. His duties must be
strictly confined to that OF judge ana
no others.
Indiscriminate charges by admins
traitors for the settling w of estates
are attacked and done away with. The
- a "a .
of the amount of money handled by
the administrator in the discharge of
his duties. The fee for the first $1,000
is to be per cent, after that 2 y per
cent for each $1,000 up to $4,000,
when the fees shall be Il per cent.
Each probate judge is a law unto
himself and he can fix the compenSa-
ton for administrators and executors
just as he may please" said Judge
kellogg.
Fees are not the only weak point of
the present way of conducting affairs
in the probate courts of Kansas-the
system of records and the manner of
keeping judicial proceedings are i'm
perfect says Judge Kellogg.
To cover this latter the suggestion
is made that three books be kept and
Inaintained-a probate docket as ap-
pearance and fee docket; a probate
journal and probate record. Every
application and order shall be in writ
ing signed and verified either by the
every judgment of the court shall be
made in writing. Obeying these sug-
gestions. it is believed. will alleviate
considerable of the criticisms which
now obtain.
Upon the passage of the code by the
legislature it is recommended that the
state supreme court formulate rules
and forms for the conduct of the pro-
bate court in conformity with the new
code.
All OF the changes which the bar as
ISOLATION thinks should be made are in
the interest of the unification and sim
plihcation of the present code which is
badly scattered and tangled.
The entire proposed revision covers
fourteen sections. Copies will be print
ed later and submitted to the members
of the association before 1t is present.
ed for passage two years from now
A. c. Mallory, city attorney OF
Hutchinson. read q paper on MUM
cipal Problems" The State Bar asso-
citation meeting comes TO a conclusion
this evening with a banquet at the
Glen Wood hotel Lucius NJ. Perkins
and Mrs. Perkins of Lawrence will act
as hosts at their country home near
Lawrence to invited guests of the as
ISOLATION Friday. At the banquet this
evening the following toasts will be
responded to: Laws and Law Makers
Joseph @. Waters; Code Revision
James r. Getty; Blind Justice-F. NJ
Shukerss Reciprocal Relations-Gov-
ernor E. w Hoch. The banquet will
commence at 6:30.
Negro Woman Wounded.