The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1864-12-24
THE BOARD OF COUNTY COMMITS
SIONERS.


elected at the late general election, to their
official seats at any time subsequent to the
canvass of the votes, and the announcement
Of the result, is unquestionable. That the
old Board, by presuming to act as Commits
sioners after that announcement, by holding
a special session in November last acted
without any authority of law, is equally
clear.
In pursuance of the intention to make an
exception to the general rule indicated by
the act regulating elections, approved Janua-
ny 23d, 1864, the Legislature, twenty days
later, by act approved February 18th, 1864,
passed special act relative to County Com
missioners, expressly declaring "That the
Commissioners now in Office, or hereafter ap-
pointed to Office, shall continue in office UNTIL
a new Board of Commissioners shall be ELEo-
TED atthe first annual election" The actls
entitled AN Act CREATING the Board of
County Commissioners, and defining their
duties.n The act creates the Board. The
office. therefore, exists only by virtue Of this
statute-the Commissioners possess only such
powers, as this act expressly authorizes. Inc
length of tho terms can be extended only oy
express, emphatic language to that effect. A
statute creating an office is an affirmative one
land necessarily confers no powers beyond
those expressly enumerated The power OF
the original Board to act in the premises, or
in the language of the statute, to continue
in Office" was authorized UNTIL their sncces
sors were elected. Until the middle of Oc-
tober does not mean until the 1stof January.
It confers no authority on the Commission
ers after that event has transpired. With
the happening Ct that contingency their juris-
diction ceased, and airy attempted proceed
ings thereafter were usurpations, unwarrant-
ed by any law, and as totally void as the acts
Of any other private individuals, assuming to
act in that capacity.
Neither can it be claimed that a vacancy,
exists between the election and the 1st
January The object the Legislature enter
tanned in the passage of the act, was evident
Nv to enable the various counties to organize
as soon as possible through the action Of the
various county Boards. Iu many of the
counties, tte commissioners, or portion of
them, never qualified after their appointment
nv the Governor. Several of them LETT the
Territory Others had no time or inclination
to act and in consequence therewas scarcely
a county in the Territory that had full Board
to transact its business. To obviate this evil,
and to enable the several counties to procure
the services of competent men who would
act this special act was passed, and this ex-
ception to the general rule was made, author
izing the Commissioners elected at the first
general election to assume their duties and
afford their counties channel for the trans
action of business as soon as possible there
after. To enable them to do this Immediate
ly and efectually, they were empowered to
call special sessions whenever they deemed it
proper.
It was under these circumstances, and for
this object, that this special statute was en-
acted It was to obyiate the Irregularities
necessarily accompanying the appointing
system in new country, much Of. it SO far
removed from the Capital, isolated by irreg-
ular and delayed communications, and con
stantly subjected to those frequent changes
incident to newly settled mining COMMUNE
ty. 1t would be preposterous to presume
that the Legislature, with view Of remedy
ing the evil growing ont of this, state of
things, should perpetuate and redouble it
for if there is vacancy between the election
and the lst of January, it was created by
this act, and thae vacancy is subject to be
filed by the Governor by new appointments.
It was afford means of correcting evils grow
ing out of appointments, that the act was
passed-not to make vacancies to be filled by
more appointments The elected Commits
sioners we're evidently designed to be the
successors of those in Office at the time of
election-not the successors of new set of
appointees, nominated and qualified after the
election.
But whether there was vacancy or not,
is imrnaterial as far as the legality OF the
proceedings of the late Board, subsequent to
the late election, is concerned. That those
Commissioners had no power to act as a
Board is beyond equivocation or dispute
Whatever may have been their motives,
o11 IN