The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1864-12-03
The hoard of County Commissioners.

rule, PROVIDED Lndt tnS toin " 0St VHIO0t0
elected shall commence on the first Monday
| in January next ensuing, but expressly excerpts
all cases where express provision is made
by law; viz, section 35 of the Act, page 568
Statutes of Idaho:
{" The term of all officers elected shall be-
e gin ca the first Monday in January next
& ensuing. unless some other express provis-
c ion is made by law"
Now, in the case of CoaDty Commissioners
an express provision is made, excepting that
Office from the operation of the general rule.
Tie FIRST section of the act creating the Board
of County Commissioners, approved three
weeks later, is in the following wonds 5:
SEC. /. That there shall be established in
each organized county in this Territory, a
Board of County Commissioners, to consist
of three qualified electors, two of whom shall
constitute a quorum to do business, to be
elected by the qualified electors at the annual
election; who shall hold their office for three
wears: Provided, That the Commissioners
now in Office, or hereafter appointed to Office,
continue in office UNTIL new Board Of Com
missioners shall be ELECTED at the first ANIMAL
Up. 523.
The general provision above quoted con-
templates exceptions to the generalrule. The
Organic Act [Sec. y leaves the matter to be
regulated by the Territorial laws. The an
nual election was, by law, fxed for the 10th
of October last, and to limit the tenure of
office to that event, is the same as to provide
for the continuance only until that date. Now,
is there any rule of construction that would
warrant any court in holding that when an
act makes particular provision UNTIL GER
tain day, or the happening of certain event,
It means three months after such date or
event When you pour water into vessel,
you may say that it will contain the water
!" until " it is full, but you, cannot be held as
affirming that the vessel will continue to re-
ceive and retain more If two men should
negotiate for sale or any other contract, and
one of them make an offer to remain "until !"
a certain day, or the happening of certain
event, can it be pretended that an acceptance
made by the other months afterwards would
bind the offer I? sg
Courts cannot adopt construction of stat
ute or instrument which shall do violence to
the rules of language, nor force words away
from their proper Specification to- one entirely
different, for it is not the province of courts
to make laws for the public, or contracts for
but only TO give such reasonable
as will give effect to the express
ed will of the legislature, and to the true
intent and meaning of parties to contracts.
There are certain well settled rules for the
construction of statutes which the courts
everywhere recognize, among which are these:
/. The intention Of the legislature, when
it can be asceptained, must govern.
2. Where there are two laws upon, the
same subject, they must be SO construed as
to maintain BOTH if it can. be done without
destroying the evident intent and meaning of
the latter act.
8, In such case general provision must
be controlled by one that is special.
4. A later statute, by implication, repeats
a former one on the same subject, where they
are repugnant.
Testing the acts in question by these plain
rules, the following conclusions ares apparent:
L. That the legislature intended that the
late appointed County Commissioners of Boise
should hold their Offices until " the
late annual election.
Q. That if it had been intended to continue
their functions until the first of January next,
they would not have been limited to an earli-
or day..
g. That all authority of the late appointed
Commissioners ceased upon and after the late
annual election.
4. That all their acts and proceedings, as
such, since the 10th of October last, are with
out authority and void.
5. That these persons, by intruding into
the Offices of Commissioners, and assuming
to exercise the functions thereof since the
late. election, are guilty of usurpation Of
oaica, a public offense forbidden by law under
the sanction of penalty not exceeding i've
dollars fine.
The OdpEsT CHILD ON THIS COAST, accord
~ o. r., the Tewiston oa was horn 81 years