Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1899-05-11
That Quo Warranto Suit.


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The BULLETIN is now able frou
the filings and the record in the cas-
against Miss Lodge to place the con
dition of the suit before the peopl
as it now stands.
The complaint prepared and flee
by County Attorney Sinnott set
forth in the second allegation tina
the defendant, at the time of be-
election to the Office of county gu
perintenoent of public instruction
was Ineligible to hold or occup,
said office, because she was not ther
the holder of valid first-grade
teachers certificate, and in the third
allegation, that on the 9th day Of
January, 1899, the defendant un.
lawfully qualified for and entered
into said office, and ever since that
time to the commencing of the suit
defendant continued to 40 unlaw.
fully hold said office.
Defendant, in her answer as first
defense, denies the allegations in
the complaint, and for the second
defense she alleges that on June 80,
1891, she received from the board OF
education of the city of Chicago,
Ill, full hrst-grade teachers GER
tificate for that CITY, and that the
qualifications required for same are
greater than those required for a
first-grade teacher certificate I'M
der the laws of Idaho, and that the
said certificate was on last election
day good and valid.
For a third defense, defendant al
leges that on Feb. %, 1899, she re-
ceived a first-grade teachers certifi-
cate from the county superintend-
ant of schools of Ada county, Ida,
and that she now holds the same.
and that she was duly and legally
appointed by the board of commits
sioners Of this county on April 25,
1899, to fill vacancy in said office,
if such existed, and that she on the
same date duly and legally quail
fed for said office, and still holds
the same.
The Court overruled the first and
second defenses and sustained the
third defense. County attorney ad-
mitted the facts in third defense to
be as set forth.
The Court then entered judgment
for costs against Miss Lodge. The
issue of law has been determined,
and the issue of fact as alleged above
in complaint will be determined
either by stipulation or proof.
The County Attorney stated that
under section 4518 of the Idaho
statutes, a penalty exists up to
5000 for unlawfully holding a
public Office, but as he believed that
Miss Lodge had acted honestly and
in good faith, but had been wrong
fully advised, he asked that no
penalty be imposed, which was
granted by Judge Stockslager.
This decides the question that a
first grade Teachers Certificate OBJ
tanned outside of this State is not
valid in the State of Idaho.
This decision sustains the action
of the County Attorney and places
him above censure. The stand
which he took in the case shows
that he knows his duty and did his
duty in this matter. The entire
question to be settled. was whether
at the time of the filing of the suit,
we had lawful school superintend
ent in this county or not I he
court has decided in favor of the
County Attorney, and the contro-
versy is ended as far az Sinnott is
concerned. After all the unmerited
abuse hurled at him by the incuba-
tor gang through their sheet and its
alleged editor, who is willing to be
their scapegoat and father their il
legitimate literary offspring for hire
it seems that they feared to meet
him squarely on the issue of facts
in the complaint, and adopted a
plan of affirmative defense by get
ting the Board to declare a condi
tional vacancy and having the de-
PENDANT appointed to fill same
In the present session of the Dis
trict Court, the County Attorne,
has made his first appearance il
his official capacity, and his conduc'
in this court shows that he under
stands his business.