The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1889-11-15
AS STATE.
Points of Law Arising From the Change
Court ClcrkR.

Points of Law Arising From the Change
Court Clerks.
Many knotty questions come up every
day in connection with the change from a
territorial to = state government. Tho
advice of Acknowledgement nolle-i i,
often sought. Particularly are the county
officials anxious TO know what their duties
are. In regard to the office of circuit
clerk. Mr.. Dollard says:
Section ~. article $. of the constitution
establishes circuit courts. Sections 81 of tho act
these courts successors of territorial district
courts N matters not coming within iurisdic-
tion OF United States courts. Section 80 of tho
above article provides for u clerk of the circuit
court IN each organized county, who shall also
DO clerk OF tho county court. and who shall be
section 81, that vacancies in tho election 81
officers provided for in this article, slull bs
flled by appointment until the next general
circuit and county courts by the governor. Ali
other judicial and all other officers of (by) the
county board OF the counties where the vacancy
clusion seems to be irresistible. Tint tine cir.
cult court. coming into existence with tie proc
lalnation admitting tho state into the union,
Its Jurisdiction, and with the district court
went the Office of its clerk. That tho Office of
circuit clerk caine into existence at the Same
inolnent OF time ~ the circuit court, and tfet
no provision having been made in the schedule
for an the office is vacant from and
after its creation, and It 10 the duty of lie
the next general election"
On the question of the county our ms
successor of the probate court, the attor-
n%ey-general says:
Section 6S5 compiled laws would seem to MI.
thortze the county court, or Judge thereof. to
provide Its seal as such county court, that is,
treating the constitution ms amendatory OF thnt
section OF the compiled laws, in instituting q
county for probate court. Having provided its
seal and the circuit clerk, appointed by the
county commissioners, being It's clerk, I sec no
reason why you cnn not start the probnte court
machinery in motion with section $3.50 of the
code with an occasional exception. Your
county court would seem to be merely a suc-
cessor to tue probate court of territorial govern.
ment, until the legislature vests 1t with the
epiminal and civil jurisdiction, which section
20 provides 1t may, and prescribes the rules Of
procedure and practice to give such extended
jurisdiction effect.
Then again the notaries public are in n
quandarp, and he helps them out by
calling their attention to section i Of
the schedule OF the constitution, which
says:
All officers. civil and military, now holding
their Offices and ap~pointments in this territory,
under the authority Of the United States. or
under the authority of the territory of Dakota.
shall continue to hold and exercise their re-.
spectfve offices and appointments until super.
seeded under this constitution.
Mr.. Dollard adds:
It seems to provide for tho continuance in
full force and effect Of all commissions as no.
tary public. subject to future legislative action
IN tho revision OF tho u W on that subject.