The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1898-02-26

printing company having the contract.
such copies must be made in the secre-
tary's office, and to be verified by him
they must be made by him or under
his direction and supervision; and he
could only do these things in his off,
cial capacity, and the fees charged
therefor are fixed by law, and are re-
CURED to be paid into the state treas
ury. 1t is begging the question to say
that the printer could put corps of
copyists into the Office Of the secretary
to perform such work, for if the secre,
tary declined, as well he might, to
certify or authenticate copies so made,
the labor would be thrown away. The
law should not receive an interpreta-
ton which would lead to such invid-
ious and disturbing conditions.
1t would be idle to say that, because
the word publishing" in its strictest
sense, does loot include printing, that
therefore, the appropriation made by
the legislature for the publishing" of
the laws and journals did not include
the expense of printing, but such a
conclusion would not, it seems to us,
be any more fallacious than the con-
struction commended for by defendant.
The law must be so construed as to
carry out the manifest intention of
the lawmakers; and in constituting the
law upon this subject we must take in
to consideration both the provisions
of the constitution and the laws ap-
! plicable thereto, and from these de-
termine the intention of the lawmak-
ers; and so taking them it is palpable
to our minds that it was intended that
the salary allowed the officer should
be in full compensation for all services
rendered by him by virtue of his Office
or in his official capacity.
We have examined all the authority
cited and we believe the views we have
reached are sustained fully by all the
cases pertinent to the question under
consideration.
The case of the state vs.. Leidtk, IL
Neb. I'll, is particularly in point and
arose upon circumstances very like
those in the case under consideration
and the decision was upon a constitu,
tional provision similar to section 10
article of the Idaho constitution.
There is another feature of this case
and the law applicable thereto, tC
which it is as well perhaps to call at
tention. 1t is conceded that The
amount paid the defendant was s
part of the consideration expressed II
the contract made with the Sentine
Printing Company and that the
consideration expressed in said con
tract was fixed inView Of and will
relation to the sum to be paid Il
the defendant for the services per
formed by him. This, we think, wal
clearly within the prohibition expires
sed in section 365 of the revised stat
utes of this state: members Of the
legislature, territorial, county, city, dis
trict and precinct officers must not b.
interested in any contract made b.
them in their official capacity, or b!
any body or board of which they ar
members"
The damages allowed by section POS
REVISED statues, are intended as pen
atty for a wilful dereliction, or refusa
by the officer upon whom demand i
made, and as it is made, and as it i
apparent that the action of the defend
ant was not attributable to any desigl
or desire on his part to avoid duty
or misinterpret the law of his own ad
; vantage, and moreover as he alleges il
his answer that he acted in the mat
ter throughout upon the advice of hi
, proper legal adviser. the attorney gen
eral, we are not inclined to enforce tn
penalty of % per cent damages or tn
: interest.
? The writ of mandate will issue com
, mandinR the defendant to pay into tn
! state treasury the sum of 1875, so re
ceiVed by him as aforesaid on or be
fore the first Monday of April, 1898.
COUNCIL PROCEEDINGS.
Council Chambers, Feb. 90, 1896