, 1890-11-14
The BALL SET ROLLING.
A Sensational Order Issued by
Judge Scott.
He Demands the Probate Court
Records and Papers.
Sheriff Martin Serves an Order on
Judge Bergman,
And That Gentleman Makes no
Official Response.

AT a late hour last evening Judge Scott
issued the following order in the district
court:
In the matter Of the records, papers and
proceedings of the late probate court of
the county of Laramie:
Come now several and divers parties
who are interested in causes and matters
OF administration and other matters
heretofore and before the 10th day of
July A. ID. 1890, pending in the then
probate court of this Laramie county; at
it appearing unto the court that the
records. papers and proceedings of the
said late probate court Of the county of
Laramie, by virtue of section II of
article 81 of the constitution of the state
of Wyoming, became the property.
records and files of this court on
the 10th day OF July A, D., 1890. and
were on said day, by operation of said
provisions of said constitution, trans
ferred in contemplation OF law into the
custody and possession ofthis court; and
it further appearing unto the court that
the said records, papers and proceedings
OF the said late probate court of the
county of Laramie are. contrary to the
provisions of said constitution now de-
tanned by said Isaac Bergman. who was
probate judge of. the said county of
Laramie on the said 10th day OF July
1890; aud it further appearing hat the
said Isaac Bergman has made no effort
or attempt to deliver or transfer the said
record. papers and proceedings to this
court at any time since the constitution
of the state of Wyoming went into effect.
1t is, therefore, ordered and adjudRed
hu fha oourf that the uhar,H NJ Iara~fa
county do forthwith request the said Isaac
Bergman to deliver over to him, the
said sheriff, on behalf of the court, all of
the records. papers and proceedings of
the late probate court of the county of
Laramie. aud the said records. papers
and proceedings be by the sheriff deliv
cred into the custody and possession of
the clerk of the district court OF this,
Laramie county; aud it is further ordered
and ~adjudged by the court that the said
Isaac Bergman do forthwith. upon such
request being made. deliver over to this
court, in the manner aforesaid. all Of the
records, papers and proceedings of the
said late probate court of the county OF
Laramie; aud it is further ordered that a
certified copy of this order be by the clerk
of this court made, and be forthwith de-
livered by the sheriff of this county unto
the said Isaac Bergman.
To this document is affixed the certifi
cate of Samuel Atkinson, clerk of the dis
trict court.
Sheriff Martin soon secured service
upon Judge Bergman, but to this, sc-
cording to the official report of the sheriff,
Bergman made no answer"
Its understood that Judge Ber0man's
position is that if be gives up the Office of
probate judge he can no longer act as
county treasurer. He bases this opinion
on section 1888 Of the revised statutes.
the concluding portion of which reads as
follows. Provided always, that the of
fees of probate Judge and county treas
urer shall appear on the ballot as one
Office only, and that the person elected
probate judge shall be ex-oficlo county
treasurer during the term for which he
shall have been elected"
This law was passed by the legislature
of 1886. 1t was made specific owing to
a complication which had arisen some
time previously in the first election in
Crook county. One candidate received a
majority OF four votes for county treas
urer." while his opponent received a ma
jority OF four for probate judge" The
latter gentleman, however, discharged the
duties of both offices.
The new constitution abolishes the Of
fee of probate judge" but it makes no
provision whatever regarding the county
treasurership and to increase tho muddle
it seems to further provide that the COM
~ officers are to turn over their seats at
the usual date in January.
1t is said that Judge Bergman is iniu-
enced in his present action by his bonds
men, who say hat until the present COM
plication is iudicially decided he will not
be justified in turning over an office
which practically carries with it the county
treasurership.
Interesting developments may be ex-
pected in a few days.
III IACH TARG