The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-09-06
PROBATE JUDGES ARE ELECTIVE.
According to Opinion Handed Down
in the Supreme Court.


The supreme court Of Oklahoma
has decided that the Office of probate
Judge is elective and not appointive.
The opinion was written by Justice
Burwell and recites in part:
"Prior to the statutes Of 1898 the
legislature Of Oklahoma made no pro
visions for the election Of probate
judges. and under the laws of the
United States applicable to Oklahoma,
the office Of probate Judge, prior to
that time was an appointive and not
an elective office; but since the stat
uteB of 1898 took effect, the office Of
probate judge has been an elective
anu not an appointive one"
Section 2779 statutes Of 1898, pro
vided for the general election. bjenni
ally, of all county offices and section
1868 In naming the county offices in
cludes that of probate judge.
In an opinion by Justice Burwell
the Gaze Of c. c. Epley ct al VS..
Charles Loran Moore appeal from
Garfield county, was reversed and re-
uanded. This is an action brought
by Charles Loran Moore against c. C..
Epley R. l. Boyington and j. H. Riggs,
composing the board of Garfield coun-
ty commissioners, and County Clerk
Frank T. Halter, in the Garfield coun-
ty district court to compel the de-
PENDANTS to reconvene and canvass
the election returns to declare Moore
elected probate judge and to issue to
him a certificate of election. A trial
was had and the court entered judg-
ment granting a peremptory writ of
mandamus and for costs. The de-
PENDANTS appealed to the supreme
court and the cause is reversed and
remanded This decision retains in
Office Probate Judge Beauchamp, Re
publican, elected by one vote over
Charles Loran Moore, Fusionist
II. II. Watkins VS.. julius Grieser;
Garfield county; reversed; opinion by
Chief Justice Burford.
Grieser made application for a
license to sell liquor in Enid and Wat
kihs fled a remonstrance, showing
that while operating a saloon in FL
Reno during the last year Grieser had
allowed gambling devices in his place
o. business. The county board exclut-
ed this evidence for the reason that
the remonstrance did not charge any
violation during the year last past.
The remDnstrant asked leave to amend
which was refused and the license
was ordered issued. The Garfield
county district court sustained the
county board, but the opinion of Judge
Burfo-d reyerses it. All the justices
concurred except Judge McAtee, trial
Judge, not sitting.
o. r. Cope VS.. l.. II. Braden Gar
field county; affirmed opinion by Asso-
ciate Justice B. T. Hainer.
This is a forcible entry and detain-
erl case in which Cope brought suit to
recover possession of eighty acres of
land Cope claimed to be a prior set
tier on the homestead
In re Cummings, petition; original
application for habeas corpus; Payne
county; writ denied; opinion by Chief
Justice ]. II. Burford.
Charles Cummings seeks to be dis
charged from a commitment based
upon judgment of the saltwater po.
lice Judge, adiudging him guilty of
violating a city ordinance The com
plant was verified on information
and belief Cummings was arrested
pleaded not guilty and was released
on bond.
J. l.. Robertson VS.. ID. Lafe Huber;
Kay county; affirmed; opinion by As
sociate Justice Burwell.
il. Robertson and d. Lafe Huber
were candidates for the office Of pro
bate Judge of Kay county; Huber was
declared elected by forty-three votes
and took the office. Robertson began
action to try the title to that office.
Huber demurred on the grounds that
the action did not state facts suffici-
ent The demurrer was sustained in
the district court and is now affirmed
by Judge Burwell This decision re-
tains Huber In office.
T. V. Turner VS.. The Territory of
Oklahoma; Greer county; affirmed;
opinion by Chief Ju-tice Burford.
Turner was convicted In the district
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