THE COURTS.
The House now resumed the report of Mr. page: 321[View Page 321] Edson, from a majority of the Judiciary Committee, recommending the indefinite postponement of Mr. Jenkinson's bill [J.9G], giving probate jurisdiction to the clerks of the circuit courts.
Mr. GRESHAM, from a majority of the Judiciary Committee, returned Mr. Jenkinson's bill [192], for the abolishment of the common pleas courts, and for the reorganization of the circuit courts, recommending its indefinite postponement. It was agreed to consider both bills together.
Mr. JENKINSON opposed concurrence in the report, and went into a comparison of the expensiveness of the courts under the present system with the two courts ; and the system of circuit courts alone proposed in these bills showing a saving on his plan of $90,000 to $100,000 annually. His proposition, he was glad to say, was favorably regarded by the best lawyers. Even those who oppose it here were compelled to admit that they will have to come to it ultimately, &c.
Mr. CRAIN. It seemed that no court system could stand in this. State more than two years. About half our bills passed this session were to change the terms of courts. As to the plea of economy, it was his belief that if this system were now inaugurated with 28 circuits, the number of circuits would have to be doubled by the next Legislature. He also objected to the surrogate system proposed.
Mr. HEFFREN concurred generally with Mr. Crain, and submitted other objections to the bills.
Mr. FRASIER regarded this as a matter of the first importance. He did not expect things would be much better till we should get back to the old simple system that existed before we began the process of simplification. The increase of expensiveness of the courts, and the increase of litigation since, had been far greater than the proportionate increase of population. He did not, however, approve of the surrogate System proposed by the gentleman. We were not reaping the fruits of the spirit of innovation of ten years ago, in the expensiveness of the court system, &c.
Mr. GRESHAM demanded the previous question, and under its operation the majority report was concurred in, and the bill 196 was indefinitely postponed: yeas 53, nays 32.
Mr. OWENS gave reasons for voting "no," because we had simplified to a ridiculous extent, and a return to the old system was demanded by the people.
The question recurred on concurrence in the committee's report, to indefinitely postpone Mr. Jenkinson's bill No. 192-
Mr. Speaker ALLEN spoke in favor of abolishing the courts of common pleas. He desired to secure a uniform rule of practice. He referred to the difficulty about jurisdiction, and the number of cases appealed on questions of jurisdiction alone. The legal talent on the common pleas bench was inferior. There was not the same rules observed by the two courts in making decisions. This could not be obviated without increasing the salary of the common pleas judges. The item of salary was but half the expense of courts: and the expense outside of the salaries was augmented in proportion to the number of the systems of courts. The probate business might be given to the clerks, or there might be a surrogate for each county, receiving the fees now given to the clerks. The simpler the probate system the better. Its business might be done usually without the intervention of a lawyer.
Mr. BRANHAM concurred. His speech was in the Declaration of Independence. The present system "created a swarm of officers, to harrass our people and eat our substance." [Laughter.]
Mr. WOODHULL was unwilling to change the probate system, until some provision should be made for a better.
Mr. Speaker ALLEN understood that this bill itself provided a complete system.
Mr. GRESHAM demanded the previous question, and, under its operation, the bill was indefinitely postponed : yeas 47, nays 44.
Mr. BINGHAM, from the Judiciary Committee, returned his Damages bill [258] ;,and it was ordered to be engrossed.
He also returned Mr. Miller's Road bill [536], with an amendment, striking out the publication clause ; which was adopted, and so the bill was ordered to be engrossed.
He also returned Mr. Heffren's Punishment bill [308]reporting further legislation inexpedient thereon ; and it was laid on the table.
Mr. GRESHAM returned Mr. Heffren's bill [302], providing for taking the sense of the people on the Crittenden and border States propositions on the first Monday in April, reporting legislation inexpedient, and that the bill be laid on the table.
Mr. HEFFREN opposed the report, submitting brief considerations why the voice of the people should be heard on these questions.
Mr. VEATCH did not understand that we were called upon to authorize this special election. Things were too unsettled to justify it. One day we have the Crittenden propositions; the next day we have the Border States propositions; the next we have the Peace Congress resolutions; the next something else, and so on. Before the people could assemble and vote on this call, some new proposition would be up, and all the voting would be laid aside.
Mr. HEFFREN. But why refuse to allow the people to be heard ?
Mr. VEATCH. Because the people do not demand it. True, there may be a few gentlemen who are very restive-who have lost position on their platforms that have been so lately occupied, and so suddenly thrust aside. They find that they can't make platforms in the hearts of the people, and they come here page: 322[View Page 322]and try to make them in the legislative halls. [Laughter and applause.]
Mr. HEFFREN. If the gentleman will give us either of these platforms in the bill, we will be satisfied.
Mr. VEATCH. Abraham's house is large, and will accommodate all. [Laughter.]
Mr. JENKINSON. Abraham lived in a tent, sir, al. his life. [Laughter. &c.] He had no house at all. The people in our county want to have a vote on this question.
Mr. FRASIER. But it will be lost and gone, like the other, before the time for the election.
Mr. JENKINSON. No, sir; it is like a ball of snow. It increases in weight every time you roll it over.
A VOICE, [with merriment.] Won't the snow melt ?
Mr. JENKINSON. No, sir; the sun is not risen yet. He continued in favor of the proposition.
Mr. GRESHAM was in favor of compromise. He could heartily endorse the resolutions of the Peace Conference. The Crittenden propositions were voted down by the Peace Conference ; and the proposed election might bring shame to our people before the first Monday in April.
Mr. CRAIN demanded the previous question, and under its operation, the report of the Committee was concurred in-yeas 55, nays 32-and, accordingly, the bill was laid on the table.
