The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-07-09
LIGHT ON vexso QUESTION.
Subscriber Discusses at Length the
Probate Judge Matter.

The probate judges have as good a
title TO their offices by election as any
other county officers.
have seen Attorney General
strang's interview in the Capital and
noted his citations of authorities. It
is not probable chat he overlooked
the statutes Of 1898 and 1899, and
therefore / conclude that ne was per
petrating a joke on the boys. The
scpreme court win not tseat the
question seriously.
In the first place it Is agreed that
the organic act leaves the matter in
he hands of the legislature. Now
the legislature of 1898, in revised
statutes. chapter %, section 8, created
county officers. including probate
judges. 1t is true that afterwards.
under the title Of counties and county
Officers. it treats of each officer sep
oratc. except the probate judge viz
their duties are prescribed AMI for,
at least enc, Of them adequate pro
vision was made for his election.
But a careful reading of that whole
chapter shows that the object of this
separate treatment was primarily for
the purpose of prescribing the duties
Of each officer. and not "a provide for
their election. II right in this, it
furnishes no argument against tho
probate Judges, that they are omitted
from the category. because their
duties are fully set forth in the chap
ter on probate courts. To prove that
the legislature did not mean that
chapter (22) to be taken as authority
for the election OF these officers.
proper and full provision is made for
the duties Of all officers mentioned
but for the election Of only one Of
Hcer, viz; the county attorney. Arti
Gle 3. section /, provides that he shall
be elected at the first election for
the election OF county officers after
the passage Of this act, and at every
biennial election thereafter who snaIl
hold his office for the term of two
years ana until his successor shall be
elected and qualified"
Note the difference in case of the
other Officers. article 2, section 1. OF
said chapter %, "A county treasurer
shall be elected in each organized
county at The general election for the
term of two years, who shall hold his
office until his successor IS elected
and qualified" II this is relied on as
authority for the election Of county
treasurers, It is a broken reed; for u
provides for only one election OF
treasurer, and not for the election of
his successor nor for biennial cleo
lions. SO, II that were the only law
on the subject. the first treasurer cleo
ted under it, would stul be the legal
officer, and entitled to the office To-
day.
Article 8, section 4, There shall be
elected in each county of this territory
a county clerk for me term years.
etc" This Is the same as for t%reasur-
er. providing for only n election of
clerk, and for no successor; but with
this difference; It does not even al
low the county clerk to hold TIM his
successor is elected and qualified. So,
II that is our only dependence for tho
election Of county clerk, we have had
no legal clerk since the first one
Thus, we pass on through the list 20
surveyor and find no provision In the
article treating of that office and its
duties whatever, for the election Of
such am officer.
Now il Is hardly reasonable that
the legislature would have neglected
to provide for the biennial election OF
these officers, II 1t had intended that
they should be elected. Let us see ifl
any such provision has been made. In
the hrst place, let us consider a mo-
ment about what we would expect TO
ind IN such a law, We would ex-
pect some simple, general provision
like this; General elections for the
purpose Of electing a delegate 10 CON
grss. members OF the legislature, and
an county, township and district O:
acers. shall be held on the Tuesday
succeeding the first Monday in No
vember, 1894. and b%ionAially there
after" And we find Just that law on
page 557 revised STATUES. 1898.
Again ia special session acts Of
1899. we End a similar provision for
the biennial election Of all county Of