Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-05-06
jUDCESHIP NOW
UP 70 Governor
FAILURE or COURT TO ACT|
PROBABLY PUTS m ON CRUCE.
Local lawyers IMPATIENT
itN of Seat Court-NLONC 10 Abol-
iSh Both.

ISL bOlll,
A movement ls ON foot among
prominent attorneys and politicions
Of Tulsa to have Governor Cruce abol-
ish both offices Of the superior court
in Tulsu County, and petition to this
effect ia being circulated to be pre-
scented TO the states executive in tho
near future.
The question as to who has the au-
thorty Of appointing Judge to tho
superior court has long been hanging
fire, and from all present indications
seems as far from settlement as when
the ease Of John r.. Wells against NJ.
r. cline, clerks respectively OF tho
two existing courts, was taken up be-
fore the state supreme court month
ago.
The supreme court met and adj
Jourucd last Tuesday without render
ing a decision in the case, and II Is |
now up to the governor to settle the
controversy as to whether the chief
executive Of the state or the county
commissioners has tho authority to
appoint judge to this office
4 dependence was placed In tho
opinion proposed to be rendered in
the clerks cases to guide the qttor-
neys representing Judges James Il
League and NJ. A breckenridge. As
clerk 10 superior Judge League.
Wells was appointed by the county
commissioners. that body holding that
they had the authority to appoint
members 10 office where the remuner-
alton was payable from the county
funds. Ace prdingly J Il. League was
appointed to office through the somo
authority while Judge Breckenridge
secured his comm ssion through ex-
Goyernore Haskell prior to his going
out OF office.
In the course of few weeks a spe-
cial session Of the legislature win
probably be called by Governor Cruce
after Congress agrees on the new plan
Of apportloning the state of Oklahoma
into congrc ssional districts. Under
the new plan It is expected that eight
congressman viii go to WashinSton
from this state instead Of five under
the old method of apportionment
While this matter is under consider
alton, the governor viii be asked TO
use his diplomacy in having the SUI
perlor judgcship matter definitely set.
tied for alll time TO come. The only
way to accomplish this, In the opin.
ion Of many prominent citizens In
Tulsa is to abolish both offices. After
this IL accomplished the legislature
win be asked to empower the governor
to create another superior court and
either appoint the judge or submit the
proposition to vote Of the people.
As 1t Is contemplated to aiiix another
amendment to Article O. Section .,
with slightly different provisions than
the one recently submitted TO a vote
and defeated. at the same election
judge for the superior court could be
voted on.
Not only Tulsa County Is laborlna
under the scourge Of supporting two
superior courts with a question as 10
whether eitler or both are valid ac-
cording TO the provisions Of the state
statutes, but Pittsburg County has
pl l'ced herself In the same position.
The case In the sister county is ex.
actly the same a. In Tulsa County
where two superior judges are servlnl
the same court one appointed by tha
governor and the other an apointees
of the county commissioners.
iho question arises as to whether
the cases aud decisions rendered In
both superior courts of Tulsa are vail
Id IN sight of the higher law. Both
courts have been doing business. many
suits have been settled by the Yer.
diets Of the two judges and in soma
cases divorces granted II is author
itatIycly stated that I'm case the legi.
lslaturo or thc decision OF The supreme
court declares both courts invalid the
decisions rendered In these cases will
also count FOR uaught.
As the matter now stands neither
clients nor court attaches are getting
Justice The degree OF uncertainty
existing as to the validity Of either
court makes the opinions Of the
judges rendered. TO degree. not
binding but rather conditional on the
opinion to r handed down either by
the supreme court or some HIGHER au-
thority
by ahollshng both courts until
satisfactory settlement Of the case IA
arrived at the uncertainty existing will
be done away with ana the boards
clear for 'he appointment OF new
judges In b IN Tulsa and Pittsburs
Counties. IN this case the courts
would be closed for the next six
months before arrangements could be
perfected FOR n new appointment or
the election OF a Judge at the special
election.