Anadarko daily democrat. [volume] (Anadarko, Oklahoma) 1901-190?, 1902-12-04
OF Personal Interest - ali Cit
izSns Of the New Cocatry.'
THE JUDGE SPEAKS
The Full Opinion 'i Judge .GilIs:t, Ia The Cas-,
of Mandsmus RrOuset BY Probate Judge
Elect, si Csrlash. Cssnty.

of November, A. D., 1902, this
cause came on to be heard be.
fore the Court, upon the alterna-
tive writ Of mandamus issued
therein and the demurrer thereto
and to the petition OF plaintiff by
the defendant. Said cause Was
thereupon submitted to the
Court upon tho allegations of
the alternative writ and said de-
murrer. Whereupon the Court
heard the argument of counsel
on behalf Of both the plaintiff
and defendant, and iS Of the op-
inion that said demurrer should be
sustained for the reasons herein
after stated.
1t is shown by the pleadings
and facts admitted in said cause
that the defendant w. H. Brown,
was, in the month of July, 1901,
duly appointed, by the Governor
of Oklahoma Territory, TO the
position ct Probate Judge Of
Comanche County, Oklahoma
Territory. the same being u
county created by authority OF an
Act of Congress Of June g, 1900,
out OF certain lands coded to the
United States by treaty with the
Kiowa, Comanche and Apache
Indians, and that after said APP
pointment the said defendant,
w. II, Brown, duly qualified
and entered upon the discharge
of his duty as probate judge, and
has continued to discharge the
same to this date.
The plaintiff, w. II. Hussey.
was on the 4th day of November,
A, D., 1902, duly elected by the
people OF Comanche County as
the successor of said w. II.
Brown, and that the election at
which the plaintiff was so elected
was the next general election in
said County and Territory held
after the appointment of sad w.
II. Brown by the Governor, as
aforesaid.
In determining this case and
the issues framed by the
pleadiugs herein, the Court pass
es without consideration the
technical question as to- the suill~
cheney of the allegations of the
petition. which is made a part Of
the alternative writ, although 1t
is probable that such petition
and the alternative writ ought, in
order to be sufficient, to show the
especial qualification of the plain
tiff, under the laws of the Terri
tory of Oklahoma, to fill the Of
flee of probate Judge of said
county,
The main question presented,
and intended to be presented, by
the issues framed, is when does
the term OF once OF the defen-
dant, W. Il. Brown, under hns
said appointment, expire, and
the term OF ofice Of the plaintiff
W. Il. Hussoy, under and by
force of his said election, begin'
Thero nro no adjudiciatSd cases
which furnish substantial assist
ance IN determining the question
here presented. Each case that
has been cited in support of the
contention of either party is
found to be based upon the pc.
cullarity of the statute that has
given rise to the contest in that
particular case, and the Court is
LETT TO draw conclusions from the
manifest import of the statute,
The defendant, w. H. Brown,
was appointed to the office of
probate Judge of Comanche
County under and by authority
of the provisions of section two,
Supplemental Act Of Congress
approved March 3, 1901, which
reads as follows:
"Sec. 2. The Governor of the
Territory shall appoint and com
mission for eacE county all
-.