The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-07-03

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cable to the other counties. - set forth 10 Sec
!. los. tho Assessor Of Boise county nnst max
3 hid Ansl settlement o. the Saturday precediol
2 the 6rst Monday il April 10 saeh year. ami
must make monthly reports Ard settlements
; with the County Auditor sfterlhs has ceased e
have any further control over the assessment
roll, and is prohibited BY law from performing
any further duties 10 connection Herewith,
and. after be has. 10 compliance with Sec. IS,
being controlled BY the same provisions govern.
ing Sheriff. - Tax Collectors, made bis final
settlement with tho Auditor in October Of each
year. Having made his dnal settlement in o.
tober, and being prohibited BY law from per.
forming ony further duty connected with tho
revenue, be would not only violats his oath Of
Office. BY making reports or pretended settle
ments thereafter. but would be doing vain
thing. which the law never requires Of sprivats
citizen, let alone Of public Official.
In regard to the amount Of the bonds being
6xed on October 9th. 1865. Judge Maggie has
either willfully or through ignorance missfated
the nature of the order made by the Board Of
Commissioners at that time. BY reference to
the record of their proceedings we 6nd that
there was no order Of the Board made. but .
mere entry Of record BY the Clerk stating that
the bonds Of the officers "eIect" were fixed
ut certain amounts. and among them the Col
lector's bond. at $4,000 The Assessor and
Tax Collector elect at that time was. We be- |
lcve. Mr.. John Taylor. who complied with the
and served out his term Of Office No ono but
an idiot will maintain that tho order, If il 10
such. made in October. 1868, referring TO the
then officers "elect" had any application or
scope beyond the term Of Office Of the persons
to whom it referred, and who were about to
enter upon their official duties for the years
lS69-70 There 10 no order Of the Board re.
curing Of the Collector bond in . cum
greater than that fixed BY law. viz: 5000;
Ind yet in order to save any question German
sled bond 10 the penal sum Of 900 with
'ureties who justi6ed 10 that sum.-just three
ines A. much - the law required,-so that
wen il Judge Noggle's IDEAS arc correct, that
N a 5000 bond snre,ies should justify to
10000. then German has filed better bond
han required BY the extravagant theory Of the
Judge
Judge Noesle says in HE opinion that, " the
ase stands just ~ it would have stood had the
ppellant never held his Office before his term
ad expired" II %. how could German have
hown himself incompetent to properly dis. {
barge the duties OF the Office to which the
eeplc elected hint and how can be be I'd.
'dsed wi'lfully neglected. in the discharge oil
hcial duties upon which he had never en-.
red and yet this judicial lsniusry adiudses
i'm guilty Of both without any such charges
ing preferred against him.-in the nature Of
presentment. as required BY Sec los Of sth
's'ion laws.-without being heard in HE de-
n'c. or having his day in court. at the same
me admitting that German stands 10 the 20. 1
hon Of one who had not filled The Office, asd %
nsequently never had an opportunity 70 prove
in'eli incompetent. or wiIlfully neglected. Of!
ties that he had never performed. We have
It the space in this issac to fully review this =
'st remarkable and absurd decision. We
ou'd think that simple reading Of the ride.
BUS mass Of twaddle would sasisfy any one
ordinary "ndsrssandine-any uopreiudiced 4
nd-that the Law had little. il any, influence u
the decision Of the case. IT such an out -
seo"' deciaion 10 10 stand. then the power Of
Board Of Commissioners 10 unlimited. and
re IL no use for the people to hold elections.
the Commissioners. according to the new i,
'hority Of "Noggle on Powers and Duties OIL
ard''" can remove from Office every county
Ger elected BY the people. and put in their
ce' men whom the people would not elect
who are the particular friends and ,ub..r.
Mt tools Of the Board. and who beloo, n u,
Commissioners ring Of conspirators against II
right Of tho people to selsct their own on.
e. Suffice it TO say that the matter win nat
here. but will be taken for review before
Supreme Court, ~ Mr.. German and ii. =
ods are determined to have an authorit.t;,. T.
res''on from the court Of last resort. n n
right to the Office. and a. to whether II.
or'ty Of tho people Of Boise county h.vs
rights which Board Of Commiea;on.r.
bound to respect III
ls.ow EscArH-A chinamaa was cavsd On and
red up. one day INST week. in he w,nnsv.. u
> o1 .ns eoo'n sads u More crssk. The oth>r
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