Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-23
PROBATE JUDGES IN UTAH.
"onc interested" submits tho fellow.
ing inquiry 20 the NEWS

"Onc interested" submits tho fellow
ing inquiry 10 the NEWS;
Under the State government, when in
nuguratod, will probate judges continue
to perform duties Ia probate courts, as at
present.
1t not, will tho probate judges 20 out
OF Office, and the three selectmou perform
tho duties OF county courts without the
probate iudges'
Taking the apparent intention Of the
trainers Of tho Constitution, It would
seem that n CiAh ia admitted
beioto January 10, 1890, the terms
OF probate Judges, as such, will be per-
emp,orlly ended on that date by The
express language OF tho Constitution.
II the proclamation Is delayed after
the sscoud Monday In January, another
condition OF Affairs would result. Al.
suming that the PfesidenPs pTsolAma-
lion will come on January 9TH, as now
appeals likely, tho reply to the hrst
question probably Is that probate
judges Cease TO perform duties Ia pro
bate courts on aud after January 10,
1896.
AZ to thu other Interrogation, n the
terms Of such Judges expire ON the date
named, 1t does not seem reasonable
that they shall continue, after that
time, 10 preside NJ the sessions Of the
county court by virtue OF holding an
office which has ceased to exist. There
10 question, however, 40 TO this oesIa-
ton, In lis effect on mSmberahip Ia the
county court, 80 lar rs present incum-
bents Of the ONCE are concerned. The
law constitutes tho probate Judges such
members; and while the Constitution
auolishus tho probate jurisdiction In
such officers, those whO are In the
orioo may no hold TO ain occupy
official place as mom0ore OF oVuHty
courts, for the Transaction OF county
business. In snsoi, tho law took
petAouA who had been named
as probate Judges asd installed
them AZ mombegs OF county
courl; aud It may 10 that NOS.
withdrawing the abolition OF the
probate juIgsship az an ONCE, the la
diyiduAls who held It eau retain their
standing as county court members tlli
their term oxplts0 by law. Fnis in.
depreciation would constitute present
PROBATE JUDGES members Of county
c0urIs, alter their probate iudgeship
ceased, Tor an indefinite period-lhe
term Ia two years Rud until the quallf-
cation OF a suocgHSor-unleRs tho Legis'
latute prUyileB otherwise, which II
probably viii do al its fis. session.
Upon this statemsnt OF the situation,
therefore, We will not venture any sug.
geRlion In reply to the second intsrroga-
ton further than that while the judges
named ooase to act Ia all matters Of
probate, 1t Is possible they will con-
inus as county court members.
II has been urged that the Constltu
ton provides in one section for O
ohRnge-abolishing the office Of PRO
bate Judgs-and negative Il In another
sootion-oontinuiug In Otiio0 u $50 now
la position under Territorial laws lll
tho expiration Of their terms; couae,
quonly the Constitution IL inopera.
tive as 10 the particular point Of
conflict. But the higher courts
are not In the habit OF declaring
imperative any instrument when ils
parts can be made to hArmonlze; and
ne there lie a way to harmony in the
various Constitutional seotl0ns il il
quite probable tho courts will follow II
II the qusslion reaches them.
The Constitution provides that oil