The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1874-07-04

from the Boise City ststesman.l
nounailmsn can only be Elected for Two Years.
No Four-Ysar Tsrms-No Hold OVERTIME
Idaho Legislature Of ls7S-S an 1uegA bosy
Ro1sr CRY, /. T., June II, 1874
Enron STATESMAN: nm in receipt Of
manv letters from different parts Of the Terri
tory. expressing doubts Of the rights OF mem.
| hers of the Legislative Council to ''h0ld over,
IN every instance basing such doubts upon
construction of the act Of Congress OF May y,
1879. entitled an "Act to regulate elections 10
Washington and Idaho Territories, ana my
opinion is asked in reference to the suo)ect: As
the question is one Of general interest 10 OIL the
people, and Of special interest to such ol Inc
| last Council az are supposed to hold over III
| the next session, and to the end that iul III
vestigation may DO had in time. | ask you 70 gave
publicity to my views on the SUBJECT
th;nk Il clear that the act Vi May 9. 1872.
r. s. statutes at large, vol. II, p. 80. can have
no other effect than to simply postpone 10 No
vember such elections as prior to the passage
Of the act were held in June. and giving to the
Legislative Assembly authority 70 provide dit
f.rent time for the election OF all elective Ter
ritorial county and precinct officers. but r..
curing the Delegate in Congress to DO elected
in Nov.mber. The act does not aspire to. and
certainly cannot be construed u change any
thing but the time Of holding general elections,
and can IN no wise affect the question OF hold.
| ing over" Cuuncilmen, or tho terms OF serricc
Of any officers.
But there are other statutes which in tiny
Judgment materially effect the question. aud
which have heretofore, as believe. been en-
tirely overlooked.
The act of Congress Of March 2. 1867. en-
titled "An act to amend All act. entitled An
act to provide temporary government Tor the
Territory Ut IdahO,'" l.. s. statutes ut large
VOL IL. p. 427. provides that the member OF
the House of Representatives OF said Legisa.
tive Assembly shall be- elected Tor the term oi
two wears, aud the members Of the Council OF
said Legislative Assembly shall be- elected for
the term Of four years" This net. it seems.
has been considered 10 force in this Territory
ever since its approval. and the sixth aud srv.
enth sessions Of the Legislative Assembly were
held BY members elected under its provisions.
aud in each Of these sessions "h"lding over
Councilmrn had seats. and several nirt,bcra of
the last session of the Council are supposed Ia
..hold over" 10 seats in the next scssl"n. But
upon examination VI this question. preliminary
II issuing q proclamation fur the election oi
members Ia th. next sexsion of the Legislative
Assembly. ! find in the general appropriation
bill of the second session ii th. 18th Congress.
u. s. statutes at large. val ID. p. JD0. approved
March I'd. 1863. the following provision: That
| hereafter the meinbcrs Of bath branches Of the
Legislative Assemblies of the several Terrific
res shail be- chosen for the term Ut two years.
aud the sessions vi ,h. Legislative Assemblies
n. L.. al .@akx
lature. at iis frst session after the passage Of
this act. shalt make provision by Laws for carry
| ing this act into effect"
| This provision having been tackled or" {"
general ar preparation BILL and that too. by way
| nf n proriso to tL- srcttan making III. L~gi.la-
| tive appropriations for the Territory at Wio-
ming, undoubtedly escaped the attention of the
Legislative Assembly for 1854. upon which
wss Imposed the duty of providing by law.
AZ above stated. The result has bern that
tCounclmen have "hcId over" in my judgment.
without authority Of law. The 'h"lding over"
Counclm~n in the sixth session. ls.u-l. were
doubtless legally entitled tn seats therein. hav.
ing been elected prior to the passage Vi the act
Of March :. 1862 and under the act Of March
| 2. 1867. which authorized the election Of caun-
ciImen for four years. But the Councilmen
elected in June. is70. and holding over" 10
been elected Subsequent ~ the passage Of The
act of March 5. 1859. could hold their offices
but for the term of two years. and were. in
my judgment not entitled n seats 10 the seventh
session, unless the failure of the sixth session
to make the provisions Of law. contemplated
in the act of Congress above recit.d. should
have the effect to continue in force the act Of
1861. q construction VI the law to which am
not inclined. What effect all this may have. il
any. upon the Question Of the validity OF the
acts III the seventh session Of the Legislative
Assembly. ahall not now diacuss. but simply
refer to the facts for the information Of all con.
cerned.
In consideration OF the premiees. think IL
clear that there can be no "holding over" Coun.
c;lmen in the next session Of the Legislative
Assembly. but that the general election in No.
vembcr. the members OF both branches" should
be elected for tho period Of two years. A proc
lamation to that effect will be issued. a. soon
AZ it can be ascertained whether the bill now
before Congress for . new apportionment for
Legislative purposes shall be- passed.
| T. W. BENNETT.
/ -e -
HAVING an overstock Of Dry 0oods, CiolAiMo and
Boots and Shoes and being DESTROYS of reducing this