Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-12-25
THE PROBATE JUDGEsHIP.

We print on the first page Of this issue
N opinion of the atternsy-general
OF the state on the probate-judge
controversy In this county. which
seems to clearly and unequivscally
demonstrate that the election held in
November ri legal and proper. Hon.
D. H. Mcintyre, the attsrnsy-gcnsral-
elect. has expressed the same opinion He
snot only a n able lawyer. but was one o.
the revising committee of the SOth gen
eral assembly, which eodiied the laws.
Governor Phelps, In a letter conveying
to Judge Burden, 4 of Judge
Hord's counsel. the opinsn Of the law
officer of the state says:-''I concur in
the opinion of Atterney-G ensral Smith,"
The opinions OF the present and pros
psctivs attornsy-generals OF the state,
backed by the unqualified Endorsement
Of the governor, who is alse q clear
headed lawyer, may not bs 80 decisive
IS to settle all doubts. but when these
decisions are reinforced by an cleo
ton by the people, and are only oppos.
cd by = desire to take advantage O
some ~technlcallty OF law to continue q
gentleman in office who has served the
full time for which he was elected, il
seems to US that the best service we
can do that gentleman is to warn him in
4 friendly way that it would DO better
fer him not to enter into the contest.
This paper is not the organ or mouth
piece of Judge Herd or any Of his
friends. in any sense more than it Is tbs
organ or mo nth piece Of Judge Gam
mon and his frisnds-sither have tree
access to its coIumns-but its editorial
opinions are Independent OF either. and
only dictated by what seems right TO
the editor. We impugn no gen
tlsman's motives for differing from
US IN opinion; We see no argu-
mont in doubts east upon our own
The newspaper. il 1t cared to pursue
the inquiry. might discover that its
sritie who assumes the device Of tive
stars as \ signature, is a paid attorney,
who, thinking that he may not in this
instance shine in the courts, desires to
argue his case = little bit Ia the news
papers. Whether this be true or net
cuts no figure. however. - to tho msr-
its of tho case. We were sincere in
eur profession of friendship for Judge
Cannon. Judge Hord. toe. is a per-
ssnal friend. II Judge Hord occupied
Judge Gammon's position, We should
say to him just what We are saying to
Judge Gamnon. We are not sssailing
Judge Cannon; have not questioned
his integrity or his good faith we only
%deprecate what We understand il to be
his course in \ public mattsr-a matter
In which the people are interested. q
matter in which they have spoken. With
das Difference fer the gentleman of the
double sstsrisk, we have not vsntured
our opinion of the law. though we de-
sire it to be understood that the law it.
self is not too high to be criticised by the
press, asr are lawyers, either, tor that
matter.
If Judges Cannon and Hord had =
private law suit We should be the last to
parade it bsfere the public; but here is
a case in which 4 gentleman has been
elected for = specified time; that time
has expired; under the laws Of the
state a general election has interviewed;
the psople, whether he sought the place
or not. could, had they chosen, have
reelected him to it; this they did not
do; they elected another; shat ether
holds the commission of the governor,
issued after tho PRONUNCIATION OF an o.
fetal opinion by the law officer of the
state. Now. we held that this is a pspu-
lar government. and that whenever
and wherever an ambiguity Of law runs
athwart the expressed will of tho peo-
pie taken by the voice of the law, the
ambiguity should give way. Is there
any ambiguity here7 The attorney
general seems to think not. This is
what he says
'I find nothing IN section 5,5a7 Of the revised
statutes which initiates against the conclusions
at which l have arrived Respecting elections the
to secure uniformity requires that the elections
for probate judge shall IN every county be held
either 1t s1 the general ,n 1ss slee5 TIC ibi in .b as,s e or 1 :. the me-
exception. In the first case the term for which
the judges were elected was four years, and in
. .ns 1ast'e of fa 81 ise M proS % Tue 5uar ysi ss.o 80 .nas IN, the
state in 1882 shall be uniform. and for the term
Of four years. think the true spirit snd pur-
that q probate judge be elected in Lafayetis
county at the general election in 1880, and that
the judge so elected Will enter upon The discharge
usry, 1881. and continue therein fer a.term Of
two years."
There Is usthing ambiguous about
this and Gov. Phelps says, Il concur
in the opinion Of the attorasy.gsnsral."
These gentlemen are not advocates ia
this case, either ~ attorneys or friends
of the parties to it; they are the sxecu-
tive sfieers Of the state and his legal ad-
visers, calmly considering the law, away
from all personal influences in the mat
ter. W. do net yet know that Judge
Cannon will contest Judge Herds
right to serve as probate judge. We
hope that he will not. If he dsss, and
succeeds in holding the place, he will
render himself very unpopular; it he
makes the contest and tails. he will be
still more unpopular. We have heard
one Of his best friends make this asser-
ton, and We agree with him. He may
not know it, but We oan assure him that
there Is q feeling IN the county against
the contemplated procedure which is
very strong and we think he will Soon
or or later agree with Us that the game
is not worth the candle.
On Tuesday last Mr.. Sparks. o.
Illinois, and Mr.. Weaver. Of Iowa. sol
into a dispute on tho floor OF the house
Mr.. Weaver made a haunting speech
directed at Mr.. Sparks; that gentleman
replied by saying that Mr.. Weaver ha,
said something that was not true, ani
had not been gentleman enough to rec
THY his statement. At this Mr.. Wsa
YER called Mr.. Sparks q liar. and Mr.
Sparks called Nh. Weaver q scoundrel