Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1867-08-08

The Election.

The Election.
EE's. BuILIoN.-ln your issue Of last week
on the above topic, it seems to me that you
committed an inadvertency, which, however,
was IA harmless one, and which l will try to
correct
The County Clerk could not very well
avoid calling an election for Owyhee county,
for he was the recorder of the proceedings of
the Board Of Commissioners aud could not
avoid taking cogniznnce ul the fact that va
cancies IN certain offices had been declared
which vacancies had been filled by appoint
ment, as in the statutes provided.
It's true that u petition numrrOusly signed
was handed to the commissioners requesting
that the then incumbents should be retained
in their positions, at the time these vacAn-
cies were declared, and the board paid due
respect to that petition, in the only way in
which it was possible for them to do so that
is. by appointment.
Vacancies in Office occur as follows: BY
death, removal out of the county, resignation
or neglect to give bonds; said vacancies to be
filed by appointments OF the Board of Com
missioners Statutes Of 1864, Sec. 81, PAGE
492, and sect. AZ Dee lSi4.) and the person
50 appointed shall hold his office until his
successor is chosen and qualified. Such SUE
cesSor shall be chosen at the next annual
election.
And the statutes further say that, "A
general election shall be held ere,y yeal,
Cannually) to elect all such territu ial. county
and precinct officers us may be, by law. re-
quired to be elected All this is plain
enough it seems to me.
Section 81, Statutes of 1867. says: IAN
Territorial, county and city officers shall. ON
or before the first day Of March 1867. file
new bonds, conforming to the provisions Of
this act, and in default thereof, their said of.
fees shall be deemed to be vacant. and may
be filled as required by law" that is. by APP
pointment, as in Sec. 81 page 492 Statutes
1854. With these facts before the county
clerk which he could not avoid knowing, he
could not do otherwise than call an election
ms required Of him By law.
And with these facts before the commits.
soners which they were unfortunately late
IN getting knowledge Of do not see how
they could, consistently with their duty as
commissioners. avoid doing what they did.
1t was considered by outsiders. and tet hy
the commissioners themselves to be an IN
pleasant and apparently a harsh dnty to per-
form; but in pallatiOn of their act they done
all that they could do; that WAS TO appoint
the same officers; after which appointment
the law regulated the matter, and not the
commissioners.
1t was an unfortunate oversight by the in
cumbents, at which the commissioners could
not conniye
As to the public APOLOGY. which in the
opinion ofsome, is due to the commissioners
with which | agree entirely, for the abuse
heaped upon them for their course, 10 the
above matter, | beg leave to claim entire
exemption, for We did not abuse them-nev
er a word. For though might even differ
with them as to the legality or equity oftheir
Gcts. yet, | believed that they were acting
conscientiously, if always feel more inclined
to applaud men for honesty Of purpose, in
stead Of abusing them for what might be err
rors ofjudgment. IScoG.