El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-15
REEVES COUNTY is
WITHOUT A JUDGE
Peculiar situation Develops Which At
tOrney General Is Asked to
UnraVeI With an Opinion.

Peculiar situation develops " men AT
tOrney General Is Asked to
UnraYeI With an Opinion.
Pecos, Texas, Jan. ia puzzling
situation confronted the Reeves county
commissioners when they met here.
Last month T. F. Tucker, commissioner
Of precinct 1, was shot and killed.
County judge John 7. LeaveIl last
week appointed J. B. Sullivan to the
position, but had never approved Sui
liYan's bond or qualified him, when
judge Leaven himself succumbed to
valvUlar heart trouble and died. This
leaves two vacancies on the board
It was presumed that the three re-
naming commissioners would cOnSt1-
tute quorum and would be able to
elect a. county judge to succeed Judge
Leaveu. In accordance with this idea,
the court was called to order. There
were four applicants, +. P. Richberg,
Harry MacTier, VIII p. Brady and H
y. Mcclellan. The last named appL-
cant, who was until November II dis
trict and county clerk Of this county,
was the successful applicant. He soon
made his bond and took the oath Of
office.
Some of the attorneys, however,
started looking into the matter more
closely and announced that they did
not believe the appointment regular.
This was based on a supreme court
sence of the county judge, three MEM
bers Of the board would not constitute
a quorum. Still another decision OF
the criminal appellate court was dis
covered that seemed to bear out the
appointment, but the latter case was
hardly ION all tours" with the one in
hand, and rather than endanger the
legality of their proceedings by acting
on what might be a false basis, judge
Mcclellan and the commissioners de-
70 mt "a Tn he
ney general of the state
1t is probable that the situation IS
absolutely unique in the history of this
state, or perhaps of any other. Ac-
cording to the statute, Mr.. Sullivan,
the new commissioner, though he has
been duly appointed, cannot take up
his work until his bond has been ap-
proved by the county judge. There
was no county. judge to approve his
bond and qualify him. Some hold that
his fellows, without a Judge do not
constitute a quorum, and therefore
have not the power to appoint a sue
cessOr TO judge LeaveH. A special
Judge appointed by the governor would
not have jurisdiction in anything save
cases in county court, and if the
hypothesis is correct, nothing but a
special election for the choice of a
county Judge would now solve the
problem This election would have to
be called by governor Colquitt, and the
elected judges bond would also prob
ably have to be approved by the gov
ernor, since there could be no quorum
of the commissioners until after the
qualification Of the new judge.
The funeral services of judge John
Y Leavel1 were held from the LeaVeIl
home. Practically the entire citizen
ship Of this place and numbers Of
friends and former associates from the
surrounding country, attended the ser
vices, which were conducted by Rev.
J. B. Cole, pastor of the First Baptist
church.
An interesting item of the session Of
the county commissioners was the pre-
more than 200 coyote pelts. One man
from Loving county attached to
Reeves brought in 81 pelts, while an
other had more than 40. Upwards Of
80 bObcat skins were in the lot.