Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1890-11-15
THE COMMISSIONERS.

At the request OF Commissioner
Ethel, Chairman Cavanah called
a special meeting Of the Board to be
held here on Monday last. Mr..
Stockton was absent owing to the
fact, as he expresses it in a letter to
the chairman, that urgent business
at home demanded his attention,
and furthermore that he did not
approve of putting the county to
the expense Of this extra meeting
when they had. at their last regular
session decided to hold a meeting
about December /, and also that to
convene the Board for the purpose
specified was ill-advised under pend
ing circumstances.
Messrs. Cavanah and Ethel met
at the appointed time, when District
Attorney McCarty informed the
Board that their transactions would
be illegal from the fact that suffi-
cient time had not been given in
the call for a special meeting. He
advised them to proceed carefully
and legally in every particular, as
the matter they proposed to legislate
upon would doubtless be Of pro-
longed litigation.
Mr.. Ethel said he believed the
call was entirely legal, but on mo-
ton of Major Cavanah the Board
adjourned till 1 o'clock TO give the
| members an opportunity to inform
themselves of the provisions of the
law.
Att o'clock the Board reconvened
and District Attorney McCarty pre-
srnted written opinion as follows
Rocky BAR, Nov. 10, 1890.
To Hon. Board of Commissioners
Elmore County:
By consulting Section 2,056, Re
vised Statutes of Idaho, you vii
find the District Attorney is tn
legal adviser Of your Board.
On the 4th day Of November tn
notice Of a call for a special meet
ing was given. Such meeting coult
not be legally held until the 18th o
November, for the following reasons
The law is, that in sending notice
and documents by mail, one day !
allowed for every 20 miles ant
those days are not counted in law
Commissioner Stockton resides 10
miles from the Clerks Office ant
consequently could not receive
notice which he was bound to rs
spect until the 10th day of the pres
ent month, as the first day, in Law
is not included in time. So, If th
Board wishes to meet in speeds
meeting, another call must be made
Respectfully,
s. III. McCARTY. Dist. Atty.
Notwithstanding the above &C
vice from the District Attorney
Mr.. Ethel persisted in the opinio
} that the call was legal, and move
that the Board proceed with tn
business for which it was called.
Chairman Cavanah objected {
| the motion. saying that he eute
, tanned serious doubts as TO IL
legality of the call. and that he ais
r had sufficient respect for their Leg
adviser and confidence in his opiI
, ion as TO cause him 10 oppose Nj
Ethell's motion.
!. Mr.. Ethel then moved to adjourn
: which motion was carried.
What caused the sudden chanl
to come over the spirit of NJ
Ethell's dreams 10 a mystery to a
our people-men, women and chill
!, rem. If he was right in his actic
/, at the last regular meeting he
! certainly wrong now in SO persi
J tently endeavoring TO undo his 70
. mer work, without one iota OF e
cuse, save that he desires Il
: change before heavy SHOWS preva
d Unlike the Idaho Mail, the BIZ
!. LETIN has no abuse and vile epithe
e to throw at Mr.. Ethel for his va
d cillating course in this matter
y county seat removal and we will
le charitable enough to say that pro
ably Mr.. Ethel feels that he is ju
tifiable in such action.
6 Doubtless Messrs. Stockton al
!, Cavanah will continue to be the
! cipients each week of Mail mud
n mud of the dirtiest kind, too-b
= they may rest assured that su
: abuse will not harm them in I
Il least i'm the eyes of all people W
: desire to see public servants do thu
duty in a legal and fearless mann
IA