Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-11-22
AS A STATE,
Points of Law Arising From the Change
Court Clerks.


Many knottv questions come up every
day in connection with the change from o
territorial to state government. The
advice of Attorney General Dollard is
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 II, article 5, Of the constitution
establishes circuit courts. Section % of the act
OF congress known US the omnibus bill makes
these courts successors Of territorial district
courts IN matters not coming within iurisdic-
tion of United States courts. Section 80 of the
above article provides for clerk OF the circuit
court in each organized county, who shall also
be clerk OF the county court and who shall be
elected by the qualified electors of such county
Section 81, that vacancies in the election of
officers provided for in this article, shall be
filled by appointment until the next general
election, "a follows All judges of the supreme,
circuit and county courts by the governor. All
other Judicial and all other officers of iby) tho
county board of the counties where the vacancy
occurs In view of theso provisions the con-
clusion seems to be irresistible. That the cir
cult court, coming into existence with the proc
lanation admitting the state into the union,
superseded the district court to the extent Of
its jurisdiction, and with the district court
went the Office of it's clerk. That the office of
circuit clerk came into existence Mt the same
no provision having been made in the schedule
for an incumbent the Office is vacant from and
after its creation, and it is the duty of the
county board to fill it "by appointment until
the next general election"
On the question of the county court as
successor Of the probate court, the attor-
ney general says:
Section 6S5 compiled laws would seem to au-
thotize tho county court, or judge thereof, to
provide its seal as such county court, that is,
treating the constitution as amendetory OF that
section of tho compiled laws. in instituting O
county for probate court. Having provided its
seal and tho circuit clerk, appointed by the
county commissioners, being Its clerk, see no
reason why you can not start the probate court
machinery in motion with section $3.50 OF the
complied laws, and it under che probate
code with IN occasional exception. Your
county court would seem to be merely u sue
cessor to the probate court OF territorial govern
nlent until the legislature vests it with tho
criminal and civil jurisdiction, which section
20 provides it may, and prcscribes the rules OF
procedure and prnctice to give such extended
Jurisdiction effect.
Then again the notaries public are in
ouandarp, and he helps them out by
calling their attention to section of
the schedule of the constitution, which
says:
All officers, civil and military, now holding
their Offices and appointments in this territory
under the authority Of the United States, or
under the authority of tho territory of Dakota,
shall continue to hold and exercise their re-
spective offices md appointments until super
seeded under this constitution.
Mr.. Dollard adds:
r. seems to provide for the continuance In
qnl1 force and effect of all commissions as no.
tary public subject to future legislative actlon
in tho revision of the laws on that subJect