The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-08-12
PROBATE COURTS

PROBATE COURTS
Under all the proposed pans all the
jurisdiction of the probate court is vested
in the superior circuit courts The
office of probate judge Is abolished. 1t
is claimed that there is nothing so tech
nical or difficult about probate procedure
as to justify an independent set of judges
for that work alone.
All probable business will be transferred
to branch of the circuit court and 1t is
asserted that judges competent to handle
general law and chancery practice can
take care of probate cases better than
law judges. No doubt the judges of pro-
bate in office when such plan is adopted
will be retained until the expiration of
their terms OF office. A corps of skillful
clerks will attend to all the clerical du-
ties of the office and all fees will be
turned into the treasury.
JURY COMMISSIONERS
Under the model statewide judicature
act the jury commissioners are appointed
by the judicial council.
Justice of the peace and inferior
courts.
Both are abolished. District magis-
trates take the place of the justice of the
peace and inferior courts. They are at
tached to the county court and their
number is determined by population and
the discretion of the judicial council. All
the justices of the peace, police magis-
trates and inferior courts are made by
the act first district magistrates Until
otherwise directed by the council the dis
trict magistrates exercise the judicial
power of the county court in all matters
within the Jurisdiction of the justices Of
the peace, Or any cause 'or matter within
the jurisdiction of the county court, as
signed especially by the county judge to
the district magistrate, or any cause
..tkf A.
which the parties agree may be heard by
the district magistrate, or any cause
within the Jurisdiction of the county
court which the parties agree may be
heard by the district magistrate. The
county judge can transfer any cause
from any district magistrate to the
county judge or any associate judge of
the county court for hearing and deter
mination The judicial council Is author
lied to transfer to the district magis-
trates ali or such part of the judicial
power of the county courts as they may
see proper and can require such district
magistrates to perform such duties with
respect to the business of the county
court or any branch thereof or of any
branch office of the clerk of the general
court of judicature In the county as the
judicial council may determine. The i'm
mediate supervision of the work of the
district magistrates Is In the hands Of the
county Judge; justices of the peace are
now practically independent of all super
vision and this power Of supervision on
the part of the county judge eliminates
one Of the principal defects of the pres
ent justice of the peace system.
SELECTION AND RETIREMENT
Three plans have generally prevailed in
this country for the selection of judges,
appointment by the governor, appoint
ment by the chief justice and election by
the people, Since the introduction of the
primary system of nominations, this
latter method has not proven very salts
factory in Alabama, and there has been
a steady decline In the standard of the
courts. Under the convention system.
which had its origin in our representa-
tive theory Of government. the lawyers
constituted very considerable proper
ton of the delegates and on account OF
their peculiar knowledge Of the fitness
Of the applicants higher class Of judges
were selected. One advantage of the con-
vention system was that there was a
sense Of responsibility on the part OF
the delegates, which unfortunately is too
often lacking with the voter under the
primary nomination plan. The necessary
result Is that in casting his ballot under
the latter system, friendship, locality.
personal obligations or prejudices, solicit
tation or activity of the candidate gen.
orally exercise a controlling influence.
Under the convention system. the office
frequently sought the man, whereas un-
der the primary plan. no man can be
nominated who does not actively seek the
nomination.
The consequence is that under the pri-
mary plan we are confined in our choice
to those active politicians. who seek the
nomination. and the candidate who Is
the best mixer, who conducts the most
extensive press bureau. who employs the
largest number of workers and agents
and who is most Industrious in seeking
votes or who can appeal to local preju-
dice or passion. has the best chance of
winning, regardless of qualifications.
The test Of fitness Is no longer knowI-