exparte accounts of guardians and administra-
tors, should be taken merely as prima facie.
That is perfectly right. But when has, the court
of appeals ever decided that the decisions of a
court of competent jurisdiction, made upon a
contest between parties, are not as binding and
conclusive as the decisions of the highest courts
of the land? They are conclusive; and when
their decisions are called in question, and con-
sidered as merely prima facie, it is because they
are exparte. And in that case, the onus lies upon
those who endeavor to overturn those accounts
to show where the error lies.
I say, moreover, that according to my obser-
vation, the decisions of the orphans' court in the
State of Maryland are more generally sustained
than those of the county courts. It shows you
how miseralby the whole county system has
worked under the present arrangement, if you
will take up the 5th vol. of Gill, there were
seventeen cases affirmed, and twenty-four re-
versed. In 4th Gill, there were twelve cases
affirmed, and thirty-one reversed. I repeat that
the decisions of the orphans' court have been
less frequently reversed, according to my experience
and observation, than those of the county
courts.
There is nothing in the present system that
works wrong, except that there should be one
judge instead of three. I would favor letting
the people elect that judge. I see no argument
in favor of three judges in the proposition of the
gentleman from Caroline (Mr. Brown) to dis-
trict the counties, and to elect one from each
district.
I give notice that I shall, at the proper time,
submit a projet with regard to the judicial dis-
tricts. I think that seven judicial districts for
the State of Maryland are enough; six exclusive
of the city of Baltimore, and Baltimore consti-
tuting the seventh. I would give one judge to
each judicial district, (except Baltimore city
which requires more judges,) to have common
law and chancery powers. Let the judges be
kept at work as they ought to be, and this would
be sufficient. I shall vote, therefore, to keep
the orphans' court as it is, excepting that I wish
one judge instead of three, and to have that
judge elected by the people.
Mr. SPENCER. If a man dies and leaves a will,
it goes into the orphans' court for settlement. If
he happens to leave no will it is carried into the
chancery court. Now, I ask if the orphans'
court administers so large a portion of the real
estate, whether that is not the proper place for the
administration of it all?
There were gentlemen in this body who con-
tend that the present orphan's court system can-
not be improved, and that the law is now well
understood in that court Sir, this is not so.
There are great mislakes committed in that court
to the injury of all parties. They must necessa-
rily be so. The proceedings are exparte, and
many nice questions of law arise.
I have known instances where, from errors of
this kind, after twenty or more years repose in
estimated security, an honest and faithful admin- |
istrator and his securities have been brought into
court, his proceedings and the judgment of the
orphans' court reversed, and he thrown into heavy
and irreparable loss. But a short time ago I de-
fended an aged gentleman in a suit of this kind.
The estate on which he had administered was in-
solvent. The orphans' court directed it to be
sold, including a few negroes, It was sold pub-
licly and fairly, and the administrator gave a
large price for the negroes in open market. He
accounted with the court and closed his administration
promptly. The deceased left infant children,
and a small real estate, the personal estate
still being insolvent; and a small debt resting on
his real estate, the administrator, prompted by
his kindness, paid it off. After the lapse of some
twenty years, the negroes having increased in
value, and the children having arrived at age,
they sued the bond of the administrator. The
county court overruled the decision of the or-
phans' court, and a heavy sum was recovered
against him.
The errors committed by orphans' courts do
not appear on appeals. If so, they might be rem-
edied. The proceedings being exparte, roost gen-
erally, there are no parties in court to appeal.
When recovered, it is generally after the lapse of
years, by suits on the bonds of administrators.
Mr. HICKS. The gentleman from Baltimore
city, (Mr. Brent,) has pointed out the great number
of reversals of cases coming up from the county
court to the court of appeals. I am perfectly
satisfied that they very far exceed those coming
up from the orphans' courts. I am opposed,
however, to the view taken by that gentleman in
relation to the number of judges of the orphans'
courts. I prefer three, for the reason that these
orphans' courts are very cheap courts, and most
beneficial to the people. A class of people go
into these courts, unlike those going into any other
of the courts of your State. They are execu-
tors and administrators, and particularly widows
and orphans If you have a judge sitting only
once in three months, or once in three weeks,
ninety-nine out of every one hundred of those
who are driven there by calamity, would be un-
known to him entirely. Their feelings would be
wrought upon by the calamity which had so recently
befallen them, and must go before a
stranger. But under the present arrangement,
when they go before the court, thus arranged,
having a judge from different parts of the county,
they will certainly have the sympathy of at least
one of the judges, who will respect their feelings
and their grief; and through that individual, the
entire court would feel a greater sympathy than
if the parties were altogether unknown. If you
have single judge, there will he a want of sym-
pathy and due respect in many cases, not by de-
sign, but because it is unnatural to extend the
same attention to the afflicted feelings of strangers
as to friends or acquaintances.
But there is another objection. I declare most
positively, that it is totally out of the question
for anyone judge—I care not how familiar in
the law, or how industrious in his habits he may
be—to supervise the great amount of business
that must necessarily come before him at the |
