The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1889-11-15
AS A STATE.
Points of Law Arising From the Change.
Court Clerks.

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 a state government. The
advice of Attorney-Genera 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 H., article 8. of the constitution
establishes circuit courts. Section 90 OF tho act
OF congress known as the omnibus bill makes
these courts successors Of territorial district,
courts IN matters not coming within jurisdic-
lion OF United States courts. Section SO OF the
above article provides for Il clerk of the c ;rcuit
court III each organized county, who shall also
be clerk OF the county court. and who shall be
elected by the qualified electors OF such county.
oecClon 81, that vacancies in the election Of
officers provided for in this article. shall be
filled by appointment until the next general
election. as follows: AL Judges of The supreme,
circuit and county courts by tho governor. Ali
other judicial and all other officers of lbv) the
county board of the counties where the Vacancy
occurs. IN view of these provisions tho CON
cluslon seems to be irresistible, That the cir
cult court, coming into existence with the proc
lamat1on admitting the state into tho union.
superseded the district court to the extent Of
its jurisdiction, and with the district court
Went the office OF its clerk. That tho office of
circuit clerk came into existence ut the same
moment OF time MS the circuit court, and that
a" 49, OCc lllhOo III Uuc 6CuHuulO
Tor an the office is vacant from and
after it's creation, and it is the duty of the
county board to ill it "by appointment unit il
the next general election"
On the question of the county court as
successor Of the probate court, the attor-
n~ey-general says:
section GS5 compiled laws would seem to MI.
thorize the county court, or Judge thereof. to
provide its seal us such county court, that is.
treating the constitution as amendatory of that
section OF the compiled laws, in iustitutin1 n.
county for probate court. Having provided its
seal and the circuit clerk, appointed by the
county commissioners, being its clerk, l see no
reason why you oan not start the probate court
machinery IN motion with section $3.50 of the
compllcu laws, and run it under the probate
coae with m occasional exception. Your
county court would seem to be merely a sue
cessor to tue probate court of territorial govern
ment, until the legislature vests it with the
oalln.naa ana evil jurisdiction, which section
~ PROVIDES 1t may, and prescribcs the rules OF
procedure and practice to give such extended
jurisdiction effect.
linen again the notaries public are in q
quandarp, and he helps them out by
calling their attention to section 1 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 tho United States, or
under the authority of the territory of Dakota
shall continue to hold and exercise their re-
spective offices and appointments until super
seeded under this constitution.
MIR. Dollard adds:
1t seems to provide for the continuance in
full force and effect of all commissions IA no.
tnry public, subject to future legislative action
III tne revision of the laws on that subject.
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