The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1889-04-13
Absence Of tho Probate judge.

6AO~AAA0, SAA0V VIC pCOpA0 arc tI1'
government and all officers are th1
servants Of the people, it believes
that all the acts of such officers in
their official capacity are at ell im@
a legitimate subject for criticism.
1t is a well known fact that E. B
Lennon, Probate Judge of Altural
county, has been absent from hil
post of duty, and out of the terri
tory, since on or about the 26th o,
February last. Section 1926 of the
Revised Code says: "No county
officer must absent himself from
the territory for more than ten days
unless with the consent of the
board of county commissioners. ,
A careful inspection of the minutes
of the proceedings of the board Of
commissioners up to the 9th day Of
April has failed to show any record
of consent having been granted by
the commissioners to Judge Lem.
mon to absent himself from his
post of duty.
On the assembling of the board
Of commissioners on the 9Th inst
to hold their regular April session
they were questioned about this mat
ter, and the members Of the board
asserted that they had granted a
leave of absence to Judge Lennon
for period of As days, but gave nc
explanation whatever of why NO
minute had been made of such an
order granting Judge Lennon this
privilege. The law provides that
the board must cause to be kept
"a Minute Book in which MUST be
recorded ALL orders and decisions
made by them and the daily pro-
ceedings had at all regular and
special meetings, and that the rec.
ords must be signed by the chair.
man and clerk"
On account of this neglect Of the
performance of duties which the
LAW plainly defines as imperative,
Observation-Disclosures by affida.
Wits of the facts of absence-was
filed with the board of county com.
missioners praying that body to
declare the Office Of Probate Judge
vccant by operation of law.
In determining the question Of
whether the consent for absence,
granted as stated by the commits
sioners, was regular and such as
contemplated by law, the record of
their proceedings must certainly be
consulted in order to arrive at a
correct conclusion. This lack Of
record cuts no little figure in the
granting of leave of absencein Judge
Lemmon's case. According to the
law, an inspection Of the record
should clearly disclose the fact o
the absence of the officer who ha;
been granted leave, and we do MOI
see how any other evidence could
be admissible.
Conceding that the leave of alb
sence granted by the commission
ers to Judge Lennon was to all
intents and purposes regular, it il
very questionable whether they hao
the power to grant any such leave
under any circumstances. Section
1915 of the Revised Code provides
that: Every county officer-ex
cept PROBATE JUDGE, Commissioner
School Superintendent and Cor
oner-may appoint as many depu
ties as may be necessary for the
faithful and prompt discharge Of
the duties of the Office"
It is very clear from the construc
ton of the foregoing section of the
statute that no authority is given
the Probate Judge to appoint
deputy. This being the case, how
can we reconcile the power assumed
by the county commissioners III
granting leave of absence to Pro.
bate Judge, with the following sec.
ton of the Revised Code: Section
1916, "Any county officer who may
be granted leave of absence from
the county wherein he resides and
holds Office, is required to appoint
a good and sufficient deputy to act
for him and in his place while alb
sent"
Then again, upon the failure OF
the officer to appoint a "good and
sufficient deputy" how can we rec
oncile the Probate Judges case with
the following: Sec. 1917, "Should
any county officer who is granted
leave Of absence fail to appoint a
deputy as required by law by this
chapter, the act granting such leave
of absence is null and void and the
office VACANT, and the vacancy must
be filled by the board of county
commissioners of the county"
The law makes it very plain that
the power of granting leave of
absence to Probate Judges rests
only with the legislature and not
with the county commissioners.
There have been several instances
where the Probate Judges of other
counties in the territory have been
granted the privilege of absenting
themselves, but only by an act OF
the leCialature.