Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1907-07-25
BRILLIANT LEGISLATION.

cdCu CUuuby anu cAVcuuIu8 II
jurisdiction to all matters OF DIX
bate, thns doing away with th
present probate court, is garble
and contradictory thing that re
fleets no credit upon the legisla
ture that passed it.
The act provides that "eacl
county having ca { 1900 or NOR
votes for governor at the last gen
eral election shall constitute
judicial district and there shall b.
in each district at least one judg
to be elected by the voters OF sait
district at the next general cleo
tion."
The present incumbent in eacl
judicial district heretofore existing
shall be and shall remain till thu
expiration of his term Of Office tn,
judge OF the new district wherein
he resided at the time Of his cleo.
ton or appointment"
The amendments further pro.
vide, "all vacancies created by the
adoption OF these amendment
shall be filled at a special election
called by the governor OF Idaho
within ten days after the canvass
Of the returns Of the general cleo
tion at which amendments were
adopted, and held in said new dis
tricts. upon giving notice thereof
as provided for a general election
at which these amendments were
adopted, and held in said new dis
tricts, upon giving notice thereof
as provided for general election,
and said judges shall hold said
offices until their successors are
elected and qualified.
Now let us see just how this ia
going to work out; take Idaho
county, for example. Suppose at
the next general election, which
occurs in November, 1908, the
amendments carry. Then as pro-
vided the governor must call q
special election for the selection of
district judge in this district.
Suppose John Smith is elected to
the honors by the people. Accord
ing to the Interpretation Of the new
law Judge Smith will serve four
years from the first Monday in
January after his election or from
January, 1908 until January, 1912.
He will look after all probate
matters and the Office Of probate
judge will he a thing OF the past.
That is the only way to construe
the law.
Now let us turn to section 7 of
the proposed amendments, which
provides, "These amendments
shall become operative on the sec-
ond Monday of January, 1911,
and all causes pending in the pro-
bate courts of said counties and
all matters OF probate unsettled in
said probate courts, together with
all the records OF SAID courts shall
be transferred at said time to the
said district courts of their respec-
tive countless"
Here is q great state of affairs,
Section 8 provides that all vacan-
cies shall be filed at special
election within ten days after the
next general election and that
judges 30 elected shall serve four
years from January 1909, and that
the office Of probate Judge be abol-
ished and then here in Section I it
contradicts ITSELF by saying "these
amendments shall become opera
tive on the second Monday in jan
uary, 1911, and that all cases pen
ding in probate court and all mat
tiers Of probate unsettled be turned
over to district court.
II we carry out the provisions OF
section B we have no probate court
after 1909 and the newly elected
Judge should be in Office. Then
suppose we ignore part Of Section
b conflicting with the provisions of
Section I, we are ithout any
judge or courts from 1909 until
1911, or two years.
No doubt the court system of
this state could be remedied but
the passing of the amendments as
provided by the last Legislature
would place the judicial system in
a chaotic condition. If the amend.
ment0 come tfO tn tho ,,annlo &ha,