The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-07-15
AN IMPORTANT DECISION.

t;ce Noodle. in the matter of mandamus ap-
piled for by Col. S. A. Merritt, on behalf OF
Mr.. J. J. Frayne, the Teacher of the Pubic
School in this city, to compel the County Treas
urer. P f. Edmondson, Esq, to pay him his
salary for teaching school. AS Justice Noggle
plainly lays down the law in respect to the
whole question at issue, and as his decision
will be guide to all concerned for the future,
we copy it entire, and suggest to School Irus-
tees especially that they preserve the paper
The case was argued before Justice Nogge,
July Sd, in Boise City, by Col. Merritt tor the
plaintiff: and by Mr. Edmonds"n for himself
Nv those who heard it we are informed thaI
Col. Merritt made Il very cogent and unans"er-
able argument for his client Here IS the
decisions:
Territory of idaho, Boise County--District Court
James j. Frayne 2. T. Edmondson.
This is an application for writ OF mahdaihns 10
compel the defendant, =. f. Edmondson, County
Treasurer of Boise County to pay the plantli1 his
salary for teaching public school i'll District NO.
in Idaho City i'll said Boise county, Tor the term OF
one month prior to and ending on the lth day OF
June, 1862 by virtue OF All employment Tor tnat pur
pose by s. A. Merritt, Thos Barry, and }. D. DooIey
acting Trustees of Idaho city School District No J.
in SAID county, by which his compensation was h1ed
at Sl70 per month, claiming that he had 50 taught
said school, and that the 18th day OF june 1862
the said Trustees OF said District audited his account
for such services 1T the sum Of $40 That after
wards on the same day, b. Clinton, Esq, Superln-
teudeut of Public instruction III ana Tor sald county!
drew his warrant upon the County Treasurer the
defendant III favor OF the plalntln Tor SAID sum,
duly couutcrsigucd by the Auditor OF said county.
William Moloney. II Ii also claimed by the plahun
and think conceded on the part Of the defend
amt that at the uuc of presenting the said order Tor
payment there III the hands Of the defendant as
such Treasurer Incorporated money suihcleHt 10
more than pan such order. III conclusion Tie PLAIN
tlti states that lie hath not plain, speedy and ade-
qu2te remedy III the ordinary course OF Law 10 com
Del the defendant 10 pay sAld warrant
All Of the statements III the lantf + AFFIDAVIT are
admitted by the defendant, excepting that lie denies
that the pi-nth taught the school Is stated III the
AFFIDAVIT: Ac also d.ncs that y. A Merritt and has
suta,es were legal Trustees, or that they lad an!
authority act such Irlpr 10 tile hrst day of Sep
trnurr ltt9. The defendant also states that tie
Isl day Of May, lsGs j. NJ. shepard. William IMcy
dc,!hAucr and himself were duly elected Trustees
~ salI S~Iuu Dlstrlct iur term expiring GA the
nrst Gay Of September 1869. and that among other
things they dad. tic !it day Of April, looa, en-
uloy aud coA,rAc: with a. j. MclArlAn to teach said
District school the term e.! ten months and ne.
his COMPENSATION al $40 lc- month IL CON. and
yl. since that the SAID school Las been taught
by SAID A. j. Nct.rlAn and not by sali plaintiff Inc
defendant further states IL is answer that :. A. Mer
rlU and h.s associates claiming 10 lac the legally
elected Trustees If SAID District from and after the
nIst Monday MAY, 1868 assumed the control q! the
Affairs ui sad District that they nplLcd A. j. Me
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s4sts that 10y the laws q the Territory the County
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