The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1897-01-02
NEW OFFICIALS.
Governor Mcconnell Names the New
County Attorneys.

AOAOWluB BoHbloul6u lOE Ju0 OulC6D VI
county attorneys. The Governors
action will put quietus on the specu'
lation of late as to what effect the ap.
pointments, by the new administration
would have on the senatorial fight. The
appointments are as follows:
Bannock-C. A. Warner, Pocatello.
Cassia-B. S. HoweIls, Albion.
Bear Lake-R. s. Spence, Montpelier
Bingham = H. K. Linger, Idaho
Falls.
Oneida-D. G. McDougall, Malad.
Lincoln--V. Bierbower, Shoshone.
Blaine-P. NJ. Bruner, HALEY.
Custer-N. J. Sharp, Challis.
Lemhi-F. ]. Cowan, Salmon City.
ElmOrG-W. q. HOWE, Mountain
Home.
Adds. L. Upton, Boise.
CanyOn-Frank J. Smith. Caldwell.
Washington-J. w. Ayres, Weiser.
Nez Perce-James E. Babb, Lewis
ton.
Kootenai- g. L. Hoffman, Rathdrum.
Latah-J. b. West, Moscow.
Shoshone-R. N. Dunn, Wallace.
Idaho. F. Ailshie, GrangeVille.
The letter of notification in each in.
stance is in this form:
Boise, Ida, Dec. 90, 1S96.-Dear Sir:
have this day appointed you as attOr-
ney for your county. This appoint
ment is made to fill the vacancy caused
by the adoption of the amendment of
the constitution providing for such an
officer, and in conformity with the
provision of the amendment which pro-
yided for the Office of county superin
tendent of public schools, and states
that no other offices shall be establish
ed. In naming these Offices, the Office
of county attorney is not uamed, con-
sequently, the Office not being county
Office, the commissioners cannot fill it
by appointment, and the duty deVolves
upon me.
Hoping that my action may be agree
able to you, and satisfactory to the
people of your county, am, with the
compliments of the season,
Very sincerely,
w. j. MCCONNELL,
Governor.
The governor claims authority to
make the appointments by reason of
the fact that the amendment to the
constitution providing for the segrega-
ton of the Offices of probate judge and
county school superintendent enumer-
ates the list of county officere, and, fol.
lowing the original language of section
6, article 10, provides that 'nO other
county Offices can be established" The
reasoning is that, if no other county
offices can be established, then the
county attorney must be state office,
since the amendment of section Is, art
icle 5, providing for the creation of the
Office, does not amend the provision re-
ferred to. Moreover, an amendment
must specify the section amended, and
it is held, therefore, that the amended
form of section 10 cannot be construed
as amending section 6.
Of course crowd of questions at
once arises in connection with the
problem. The governor anticipates
that the matter will 60 into the courts
in some form, but he does not propose
to sleep OH his rights in the premises,
whatever they may be.
Another interesting feature of the
whole matter is that section Is, as
amended, provides the maximum and
minimum salaries to be paid to these
county attorneys, the maximum being
$500 a year and the minimum $500
ito be fixed by the board of commits
sioners of the county at its regular ses-
sion in July next preceding and general
election" Under this provision it
would seem as though no salary could
be fixed for or drawn by the county at
torney until July, 1898.