Show PROBATE JUDGES IN UTAH one interested 1 submits the following inquiry to the NEWS under th eState government when inaugurated augu rated will probate judges continue to perform duties dutie in probate courts conns as at present it not will the probate judges go out of office 1 and the three selectmen perform the dut ies of county courts without the probate judges taking me be apparent intention of the framers of the constitution it would seem that if utah la in admit admitted tea before january its IX 1896 the terms terme of probate judges igess an ai isuel buob will be per empt emptor orlly ily ended on that date by the express lao gusKe of 0 the constitution jf it the proclamation to is delayed after the he second decoud monday in January another condition of affairs would result assuming that the presidents proclaims pro olama lion klon will come on january ath as 89 ROW BOW appears likely the reply to the first question probably to Is that probate judges oese cealie to perform duties in pr pro bate courts on and alter january 13 1896 As to the other interrogation if the terms of such judges expire on the date named it does doea not seem reason reasonable abie that they chely shall continue after that thai time ilme to preside at the sessions of the county court by virtue of holding an office which has ceased to exist there is a question however as to we aeson cessation in ID its effect on membership in the county court so far as present bents of the emco are concerned the law constitutes the probate judges such members mem bere and while the abolishes abolish te the probate jurisdiction in such officers those buo are in the office may be held ar to still occupy official place as members of bunty c unla courts court tor for the transaction of county business busi nees in effect the law took who bad been camtu a probate judges and instable 1 them as members of county couett and it may be th that at not DOL withstanding the tha abolition of the probate judgeship as aa an office the IL divi diviO duals it can retain their standing as ae county court members till their term expires by law this in terp would constitute present probate lodges judges members of county tourte court t alter after their probate pr otate judgeship ceased for an indefinite period the term leroa to is two years at ata and a until the qualification ot of a au successor u unless a less the legislature provi Jes otherwise which it probably oro tiro bably will do at its first session semion upon this statement of the situation u ere fore we will not venture any ug dug iest loo in reply to the second interrogation tion further than that while the judges cease to act in all matters of probate it is possible they will continue aft aa county court mem bere it has baa been urged that the Cona constitution titu provides in one suction section for a clif change tage abolishing the office of pro cate judge and negative it in another section continuing in those now in position under Terri territorial laws law till the expiration of their term consequently the constitution ii I ia i I 1 isopera ove as to the abe particular point of conflict but the higher courts are not dot in the habit babit of declaring inoperative any instrument gasn wasn if parts can be made to harmonize and as M there is away a way tu harmony in the various constitutional sections it is quite probable the courts will follow it if it the abe question reaches them the constitution provides that all laws of the territory now in force not repugnant to the constitution shall remain until changed in due form it also provides that hat all cill cere shall continue to hold bold such snob positions until superseded under the constitution it further directs that all matters in the he probate courts court ball pass pa into abs tbs jurisdiction of the district upon the expiration of the term of of we he probate judge on OB the goo eo ond monday in III january 1896 1 9 and until tb abe expiration of their lerm tarm pro buts bate judges hall perform the duties required by territorial laws the two latter features are directed specially to strictly probate business and seem to conclusively end and the term of probate judges as an such on january is if me constitution is then in lore force by reason of utah being a bbate A AS co f we the formation of county it is in a altu atlon and the higher courts may have to settle any question the legislature deals with abe issue at such an early date as to leave mutton matters involved not worth while litigating over |