Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1867-03-14
IcoaauSIcArED.l
Tax Collectorship No. 3.

PUBLISHERS BULLIus 81 propose
10 this communication TO notice the las
reason given in MIR. Springer card why
the Tax payers" should not pay theil
taxes to Mr. Lyle. /. is alleged thai
Seth Catin, one OF the board Of Cummis
sioners, removed from the precinct where
he resided at the time of his election,
and thereby rendered his seat vacant
The legitimate inference, | presume, is
that IN SO removing, lie violated Some
law. None however, being referred tn,
We are left as we were before the reason
was given in the card We are com
,pelled to search the law ourselves The
latter clause ut Section Second, on page
523 Of the statute, contains the only pro.
vision bearing upon the question, III 1t |
have been sbie Ia tni 1t reads as fol.
lows: crowded that where there are
three or more election districts in uhe
county, there shall not be Two commits.
siouers serving Ou The salne Board from
one precinct al the satue time From
this, several Thugs are apparent. First,
that Commissioners may remove any
where within the county that they please
Second, Should two Commissioners hap.
pen to reside in the same precinct at the
same time, but one of them could serve
upon the board. Third, Their so resid.
Ing in the same precinct does not create a
vacancy, but both would be entitled to
serve SO soon as one Of them would re.
move tie another precinct.
This appears to me to be obvious to
the most careless observer. Now, if this
be all the law upon the subject, and |
know OF none other, it would appear in.
possible to torture it into support Of the
theory advanced in the CART The few
months that Mr.. Callin resided in Silver
City, Mr.. Fugus. the Other member,
failed to serve, as am imf,rmed Hence
the Law was complied with 10 every par.
ncular But, suppose it were lrae that
Vacancy might have been produced By
means Of legal proceeding; 1t would
seem too lare atIer the difficulty
removed 10 raise the question
eau uniy view the law is directory in
one particular, when il ~ayS no two shall
serve upua the board at The same time
from the same precinct. While III > is
true, the law no where d clares Forfeit
ure Of the Office, or vacancy in case Of
such residence, The law upon the sub
ject of vacancies in office, does not help
the case, for there the removal cOntem.
plates permanent departure, and not a
temporary Que for business purpo,e<,as in
the case of Mr.. Catlin. Besides, Mr..
Catlin was elected by the county, and not
by particular district, If required t.
live in certain district, that district
must be ascerlained aud defined Sup
pose that in defining such district. Silver
City, the place Of MIR Onthn's temporary
abode, should fall within the limits Of the
district to which he should be assigned
There is one thing, that in my judgement,
settles the matter beyond cavil. that is,
that in order to create vacancy, Mr.
Catlin must have ceased to be an inhab
liant of the county within which his du.
ties were to be discharged, None 80
reckless as to avow this, therefore lopine
the question is settled.
have now performed all that agreed
in the outset to do-to give my reasons
why considered the assignment OF rea.
sous in Mr., Sprneer's card uu warrante !.
If only succeed in producing thought
upon the part of the aforesaid Tax pay
ers, in order that they may act under.
standingly in the premises, shall have
accomplished all desire. lmk upon
the card as little "gascnnade" publish
ed, perhaps, to firighten snme into the
payment Of money 10 the wrong man, aud
for their pains would have the pleasant
privilege of paying 1t again.
CITIZEN.
a9-1 The bill to regulate the business of
hin ia, G4,,tn - N.,,,.I L., H.,