Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-07-06
A GRAVE QUESTION.
Relative to the Election and Eligi-
bIlity Of the Bartlett Court Clerk
and Attorney General.

August election, when county officers
will be selected, the following inquiry
merits consideration:
EBTToR LEDGER-Who should have a
voice in the nomination and election Of
the Bartlett Court clerk and attorney
general, and where should they reside to
be eligible2 INQUIRER.
Code, section 307, says: The attor-
ney general for any judicial district or
circuit shall be elected by the qualified
voters within the circuit"
Code, section S24. says: THE clerk Of
the County, Circuit, Criminal and other
especial courts, are to be elected by the
qualified voters of the county or district
over which the local jurisdiction of the
court extends"
Article 6, section 5. State constitution,
says: IAN attorney general for the
State, or any circuit or district for which
a judge, having criminal jurisdiction,
shall be provided by law. shall be elected
by the qualified voters of such circuit or
district. and shall hold his Office for a
term of eight years, and shall have been
. resident Of the State FIVE years, and OF
the circuit or district one year"
This question involves a deep consider.
alton, and it is better that it be under
stood now than after the election. Some
persons are Of the opinion that the clerk
aud the attorney general of the Bartlett
Court have to reside within the civil dis
triets over which the court has jurisdic.
ton. This question does not apply to
the Judge who holds the Bartlett Court.
This is readily seen from the fact hat
the judge of the Probate Court of Shelby
county is ex.oficio judge of the Bartlett
Court. His judicial character is indie.
pendent OF and apart from that Of the
Bartlett Court, for by law beiEg Probate
Judge he is thereby the judicial officer to
hold the sessions of the Bartlett Coutt.
The Bartlett Circuit Court was created
by the act Of December, 1869 (code
ll9.A). 1t is provided in this act that the
clerk Of the court shall be elected by the
qualified voters Of Shelby county. The
same provision is made as to the attorney
general Of the Bartlett Circuit Court. (See
code, section l26.A). This act and all
others term the court a Shelby County
Court. The act Of 1873, page l02, chap
ter s, restricts its jurisdiction to all Of
of Shelby county outside of the fifth,
thirteenth and fourteenth civil districts
of Shelby county. Article G, section 5,
State constitution, provides that the at.
torney general must be a resident Iof his
district for one year previous to election.
The question presented, is; Can a resi-.
dent of Memphis, or other locality moi
embraced in the fifth, thirteenth or four
teenth civil districts, fill either the Office
Of encouragement or clerk of the
Bartlett couFt2 To this we answer yes
since Bartlett and Memphis are in the
same Judicial circuit. The question was
determined by Judge Flippin, who heard
the full argument Do a plea by a defend.
ant as to the Encouragement who re.
sided in Memphis. Defendant entered
plea as to the jurisdiction Of the court,
claiming that it had none, for it was not
properly organized as required by law,
there not being an attorney-generAl de
lege. The plea was not sustained by
Judge Flippin, who held that the court
was legally organized and had jurisdic
ton. We understand Judge Heiskell is
of opinion that there is no doubt as to
the eligibility Of a citizen Of a Memphis
for the Office of clerk or attorney.gene-
raj.