The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-22

Within the next few weeks the pro-
bate judges of this territory will begin
taking action concerning their pros
poets for holding over after Utah shall
have been admitted as a state.
While apparently the constitution
abolishes the Office of probate judge
and vests all the powers exercised by
them in the district judges, the former
officials declare they will continue to
serve until the expiration of the sever
al terms for which they We're appoint
ed
They are not alonA in the belief that
they have the right to continue, either.
Such authorities as Samuel Thurman,
Judge Judd and c. o. Whittemore are
of the opinion that they can continue
to hold office after this territory shall
have entered the union.
The constitution sage in relation to
probate Judges Section 8, article
XIV, when the state is admitted into
the union, and the district courts in
the respective districts are organized
the books, records, papers and pro-
ceedings of the probate court in each
county, and all causes and mattls Of
administration pending therein, upon
the expiration of the term of office of
the probate judge, on Hhe second Mon
day in January, 1896, shall pass into
the jurisdiction and possession of the
district court. which shall proceed to
final judgment, or decree order sor de-
termination in the several matters and
causes as the territorial probate court
might have DONE if this constitution
had not been adopted. And until the
expiration of the term of office of the
probate judges, such probate judges
shall perform all duties now imposed
upon them by the laws of the terriAory
The district court shall have appellate
and revisory jurisdiction over the de-
cisions of the probate courts, as now
provided by law, until such latter
courts expire by limitation"
1t is claimed that this provision is
conflicting in many ways, but those
who are familiar with matters of law
contend the part of the section which
reads: And until athe' expiration
Of the term of office of the pro-
bate judges, such probate judges
shall perform ali the duties now
imposed upon them by the law of
the territory is the binding part of
the clause
This being the case the question
arises: what is the term of office of the
probate judge? Section 10 of the Ed
munds-Tucker act, in the provision
providing for probate judges says:
THAT hereafter the judge of probate
in each county within the territory of
Utah provided for by the existing laws
thereof shall be appointed by the pres
ident of the United States, by and with
the advice and consent of the Senate"
etc.
The laws of Utah provide for pro-
bate judges in this manner: Section
l, article 1. There shall be a probate
judge in each county of the territory
of Utah, whose term of Office shall be
two years and until his successor shall
be qualified"
Inasmuch as all laws on the statute
books are considered IS the laws of
the state until they are repealed, the
probate judges are of the opinion that
they are entitled to hold over until
their terms expire.
Judge McNally said yesterday that
many of the probate judges throughout
the territory are already working on
the matter and that it is almost certain
they would make a fight to continue
in office after the admission of Utah as
a. state.