SELFISH INTENTIONS - K-REx - Kansas State University

The procedure to file for divorce in the late nineteenth century revolved around the
district court system. In a study by William B. Fenton, he outlined the history of the Kansas
District Court system and explained the importance of the district court system in maintaining
citizens’ individual rights and freedoms. In Kansas, the courts with original jurisdiction in civil
or criminal cases are the district courts. This was why the district courts settled divorce
proceedings.
The history of district courts can be traced back to the English ancestry of American law.
King Henry II of England set up local courts presided over by the local sheriff. While these local
courts did hear cases dealing with crime and debts, they also handled cases relating to
administrative, military, and financial issues. 64 While it is clear that the United States court
system derived from these ancient courts, the American colonists did not completely imitate
these courts when they established the court system in the New World.
William Fenton argues there were geographic, demographic, and political considerations
that necessitated the modifications from the English court system. The colonial settlements in
the New World were small with limited populations. The populous did not need an elaborate
court system. In the early years, the Governor and his Counsel made up the court. The court
system in the early years of the colonies included both criminal jurisdiction and civil jurisdiction
in one superior court of original jurisdiction. In the eighteenth century, the colonies established
circuit courts. Fenton argued the desire for a uniform system of justice prompted the
establishment of circuit courts in America as there had been in England. 65
64 William B. Fenton, District Courts in Kansas, Governmental Research Series No. 28. (Lawrence: University of
Kansas Publications, 1964), 1.
65 Ibid., 10.
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