Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1897-07-14
THE FEE BILL KILLED.
A sweeping Decision by idaho's
Supreme Court---Two-thirds
of the New Laws Invalid.

handed down unanimous decision
in the county fee bill case that i
the most far-reaching ever emanat
ing from that court. The cour
holds that the fee bill passed b,
the last legislature is invalid, and
in addition, practically decides tina
nearly every bill passed by the las
legislature is unconstitutional. No
The county fee law worked s
great reduction in the fees of county
officers and it was attacked by tn,
latter on the general ground of I'M
constitutionality. The suprem,
court upholds this contention, hold
ing that the bill was unconstitu
tionally passed, both in the hous,
and in the senate. The court holds
that any bill passed under an ON,
nibus resolution, suspended the
provisions of the constitution re.
quiring separate readings in full, is
invalid. Such suspension can only
be had in case of emergency and
then must apply only to the pend
ing bill. Again the court holds
that an amended bill going back to
the house from which it originated
must be treated as an original bill
by that house. Both of these re-
quirements were violated in the
case of the fee bill.
1t is impossible at this time to
ascertain how many laws will be
effected by this decision, but those
familiar with the course of legisla-
ton last winter assert that fully
two-thirds Of the bills passed at the
last session are invalid under this
decision, and it is possible that the
anti-gambling law will be included
in the category.
The case in which this decision is
handed down is that of Fanny
Cohn VS.. Charles S. Kingsley, re-
corder Of Ada county. The county
officers Of the state determined to
contest the new fee law and they
generally contributed toward fund
to pay the expense, the case being
brought there for the reason that it
was more convenient. An instru-
ment was offered for record. The
fee provided by the new law was
rendered and refused, whereupon
mandamus suit was begun in the
district court. Judge Stewart held
the law was valid and then the case
was taken to the supreme court.
After lengthy and careful re-
vision of the case, the court con-
cludes as follows:
'"The object of the act in ques-
ton, which was to cut down the
excessive cost Of litigation, and cor
rect abuses in the regulation Of fees
of county and precinct officers is a
good one, and one with which this
court is in full sympathy. 1t is
therefore with great reluctance that
we hold the act in question to be
void, but there is no other alterna-
tive.
"The conclusions reached, after
a careful end full consideration,
are:
First-To determine the validity
of a statute the court can, and
should in the proper case, go back
of the enrolled bill to the journals
of both houses to ascertain whether
the requirements of the constitu-
ton were complied with by the
in enacting such statute.
Second-The act in question is
void in toto, by reason of the failure
of the journals of the Legislature to
show a compliance with the re-
quirements of the constitution in
passing said act.
''fhe judgment appealed from is
reversed, and the cause remanded
with instructions to the trial court
to enter judgment in favor of the
defendant.o
Mrs Bells little girl, Lavere, is sick
with measles.
DIR. Swan recently purchased fine
buggy horse from Henry Casey.
Mountain Home will be we'll repre-
sented at the Salt Lake Jubilee.
Deputy Sheriff Easley went to
Junction Bar yesterday on official
business.
FG Creamery butter, on ice, one
pound rolls or 10 pound kegs, at John
Helfrieh's.
Grouse are reported more plentiful
in the mountains this summer than
for many years.
Mr.. Alexander, improvement can
didate, was elected mayor of Boise by
a plurality of 300 votes last Monday.
EGs Timers Attention-The Tin
ners stock and tools of the late
mercantile firm of Geo. S. Rice &
Co., of Mountain Home, Idaho, are
for sale at a sacrifice. A good OPP
portunity to locate at the right
place and price. Inspection of the
stock invited. There is no other
stock or timer here. r. n. Griffith,
as Receiver for Rice q Co.
Edward Stanton, formerly a mail
carrier between this place and
Rocky Bar, was run over by a
heavy load of timber in Quigley
gulch, near HALEY, on the 7th in
slant and almost instantly killed.
He and bis brother. Clark Stanton.