Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1890-12-06
HERE'S A PRETTY MESS.
Have the County oniccrs who Failed
TO Qualify within 80 Pays Amer
Being Declared Elected For
fselfs.d Their Offlees?

Being Declared Elected For
felted Their Orices?
The following, which may be Of
interest to some Gilmore people,
is clipped from the Boise States
man Of the 30th of November,
Recorder Gilman informs us that
Sheriff Hill, District Clerk Wicker
sham, Treasurer Waller and Com
missioner Davis are the only officers
elect in this county who filed their
bonds and oath Of Office within the
prescribed time. The Statesman
says:
There has been some consider
able discussion during the past few
days ms to that provision Of the
State Constitution requiring the
county officers TO take the oath and
file the required bond within thirty |
days after they were declared elect |
ed: Section IL, article XXI, sched-
ule and ordinance, states that:
The canvassing boards Of the sew
eral counties shall issue certificates
Of election to the several persons
found by them to have been elected
to the several county and township
offices.
| Section r. All officers elected at
such elections shall. within thirty
days after they have been declared
( elected, take the oath required by
this constitution, and give the same
D bond required by the law Of the
Territory to be given in cases Of like
| officers of the Territory, district or
county, and shall thereupon enter
upon the duties of their respective
offices. e
So much Of section IL as says,
''snd shall thereupon enter upon
the duties of their respective Offices"
was nullified by that provision of
the act of Congress admitting Idaho
to the Union, which says 'that
. county and precinct officers elected
}, at the first election held after the
!. the admission Of The State Of Idaho,
;. shall assume the duties Of their re-
: spective offices on the second Mon
d day of January, 1891" This, how
o ever, does not apply, and has no
y effect upon that part Of section IL
requiring the officers TO file their
n oath and bond within thirty days
d after being declared elected.
D Attorney General Roberts said
It yesterday that this provision of the
II Constitution was clear, and that all
such officers as had failed to qualify
10 within the required thirty days had
by their neglect forfeited the Offices
. to which they had been elected. In
support of his position the Attorney
re General quoted the following de,
cision on the question:
+ A schedule annexed TO State
&c Constitution, requiring officers to
e qualify within certain time after
e they have been notified Of tbsir
It election, is mandatory, has all the
n force of q constitutional provision,
'e and should be construed by the
y same rules.-State vs.. johnson, 26
d Ark, 281.
u On the 18th day of October the
: County Commissioners met as q
Board of Canvassers, canvassed the
vote of the county and announced
the result. Within 30 days after
y that date the official bonds of ]. B.
Oldham, s. q. King, T. ID. Cess
W. +. Ryals and ]. C. Martin were
j; filed in the County Clerks office
Il The bond and oath of j. o. Baker
MS County Treasurer were filed one
day later, while that of Mr.. Bidder
back Was not filed until the 2sth.
II the position taken by the At
) torney General lie tenable, these lat
y ter two gentlemen, together with ]
r. Lusk and all other officers who
have failed to qualify have forfeited
their Offices beyond q doubt. Al
any rate the question is decidedly
interesting one. and one not to b.
decided off hand.