The silver messenger. (Challis, Idaho) 1890-1912, 1897-01-26

dIuenumeut 10 the COnSJlIuDlOu
was adopted at the last election
abolishing the office of District
Attorney and creating that of
County Attorney. Great con-
confusion has resulted. Gov.
Mcconnell, before going out of
office, appointed County Attor-
neys. Boards of Commissioners
in many counties have made ap-
pointments and the District At
torneys have claimed the right
to hold ON. The validity of the
amendment was attacked because
of alleged irregularity of action
of the Legislature, and many 9TH
er points are raised. These are
all brushed aside by the court
briefly and the opinion is devoted
mainly to the question of the
time when the amendment be-
comes operative. This is cover
ed in the syllabus in the follow
ing language
'The amendment to section
18, article 5 of the Constitution,
creating the Office of Prosecut-
ing Attorney, does not go into
full operation until the close of
the term of Office for which the
District Attorneys were elected
at the general election of 1894.
Said amendment is not self
executing. 1t requires legisla-
tion to prescribe the duties of
the Prosecuting Attorney, the
Board of County Commissioners
to fix his compensation, and the
qualified electors to elect such
officers at the next general cleo
ton.
1.-THE law prescribes the date
on which the county officers SO
elected shall take possession of
their offices, and that is the date
said amendment goes into full
operation"
In determining the time for
which a. constitutional amend
ment becomes fully operative,
the intention of the people adopt
ing it should be aScertained.
This should be done from the
context of the amendment, and
in case of doubt the court should
also consider the existing condi-
tions and the results which would
follow if the amendment were
held to have become Immediate
ly operative. Salt Lake Daily
Tribune.
Mr.. EDITOR:-There is some
l-disposed person or persons
who have visited Morgan creek,
and Stayed the bunch of noun
tain sheep that range on the
creek. We have seen the tracks
where five sheep were dragged
down the mountain, and report
is current that nine were killed.
OF course we cannot prove who
it was that did the killing, but
we are of the opinion that if
man wants to keep a pack of
hounds, he ought to feed them
on something other than sheep,
or the county ought to levy tax
on dogs and people would not
keep only what they can feed
and have use for. Now we do
mind person killing a sheep or
deer for their own use, but to go
and slaughter them for merely
their hides and dog meat, is not
right. Some years ago deer
were shot down and just their
hind quarters taken and the rest
left in the mountains to rot.
This has been stopped for a
time, and we as citizens will not
tolerate it any more, but will in
form on any one slaughtering
game to excess. Please take
warning, and don't further pur-
sue these unlawful acts.
JOSEPH II. HORTON,
EMIL KLEUPFER,
FRANK TOLMAN,
AL. SMALL.
Within ten days after taking
up estrays, where the owner is
unknown, publish a notice in
your county paper. As soon as
the notice appears in the paper,
cut it out and send it to the
county auditor. If the owner
appears within two months and
pays lawful charges, including
the printers fee. he takes the
stock. If the owner does not
appear, the holder of the estray
must ask the sheriff or any con-
stable to sell the same at public
auction. The holder of the es-
tray can bid at the sale if he so
desires. The charges for keep
i1g the stock, printers fee, etc,
must come out of the proceeds
of the sale. Any other way of
proceeding with estrays is illeg-
al. You cannot charge for the