The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-12-23
BiIIupS Still Holds
Office of Probate Judge

&aNAN-rNtNi ~ Wt1iitu county I'tN
leaving a queqipn in the ndAds OF 10,
county onicers in regard to whether
the present incumbent could hold over
unln The neAe election or a vacancy
worid occur thereby w J. Kroit
prosecuting attorney of Washua COON.
y asked Attorney General F. C. 81
mems FOR an opinion or tho matter. He
holds that the present incumbent may
continue IN office His opinion is as
follows.
81 am in receipt Of a communication
FivDed nv yourself ard Richard A
Rinuns. Probate judge Of washiia
county. repnesting my construction OF
the sections Of the statutes Of Okla
homa relative to vacancies in county
cfices and IN particular as applicable
60 the office or probate iudgc and in
your letter you submit the following
stat2 Of facts ppon which you ask
my opin'oa. to-wit
"1a November. 90c liichard A
Bn'ups was duly elected probate Judge
OF washita county and afierward quail
flied and entered upon the duties Of
soid DIice. Afterwards, towit Ia No
vember 1901. he was reelected 70 said
ONCE and has e ier since continued to
discharge Tie duties thereof on the
Str day OF November, 1900. L. y
Cowan was didy elected as his sue.
cesso~ and On the 18th day OF Decem-
ber thereafter and whsle the said
Richlrd A Rillups was discharging the
duties Of saii office and prior TO the
Termination OF his term az such luly
elected, Gualifet and acting probate
Judge. the sasd l. T. Cowsn. his dlly
elected 81 ccesscr dropped dead Of
Gpoplexy
Does the death Of l. r. Cowan
create a vacancy IN the office of pro.
late Judge of washita county such as
10 authorize a board Of county commits
sicrers TO appoint a probate Judge to
Richard A Bnups7 or does
A. DrmDs who was The I'm
of said Office or the day OF
the death OF said L. r. Cowan, ani
who has continued 10 act as such pro
bale judge. continue to hold said Of
hee BY reason OF che fact that there Is {
no succosso. duly elected ami quail
ness to sncceed the said pllups on the |
iirst Monday in January ls05l
II in yonr Judgment there should ;
be vacancy in said office by reason ,
rf the death Of probate indge-cieet at
wha' time would the commissioners be
10 make an appointment /
on the FIRST Monday in Jan
aaay or within cen days thercaftes?'
= have eNamined the questions in I
golved in your inGniry with erat care
aae VIII tale ur ana discuss come OF
.he propositions 'Ev9lged in order hat 1
my onsusioa may be fully under a
stOOd 4
II is now 4 settlef question IN this
territory thai he Office OF probate a
ucge is an elective county Office this
having Deen set at rest by a O
iecisiOn OF our supreme cour. in the /,
.ase ot Erley .. al VS. Moore. The Il
'Giee OF probate iu9gc was created by O
he ossanic act Of this territory It {
3 a county odioe anf it's incumbent is I,
lc-ted at The same time as other coun- II
y y1iccrs. However, there is no pro I,
'ision made n the charter on coun. o
les and county officers providing foi h
he electioa and defining The fern. of "
moe OF a probate Judge, hut the elcc
ioO " a probate Judge IS provided for 81
y several general provisions winch Sd
haTaSterize the Gfiioe as an elective a,
ne. but none OF which. however dis I,
ipctly specify tho duration OF his e,
enn Of office, In the chapter on cour- :,
y and county Officers. in providing h
Or tine 'erlas II the various officers. NJ
b some instances Il Is provided that n
hey shall hold for n period OF two ],
ears commencing on a certain date cl
nd until their successors are ele.ted "a
nd qualified. and in other instances
lere'y provides thai they shall hold pr
or a term Of two years without the 1,
dditional provision "until their sue 81
essors ar" elected and qualified Il
"1here being 40 specific provision d
elaaiye 20 the tenn Of office Of the Il
rOeate iudgc. / next turn TO section I
Z sssap'er 5s yel l. Wilson's Ammo b.
atec statutes, under the general title r,
I 'ofIieers.' which provides as follows Ii
. wit; "
-" Except when otherwise speci6cal "
y provided the regular term OF of =