The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-06-20
CLEARWATER ACT IS VOID

OLCSANWfAtIN All - vOID
SsPssas Court Finds the Measure Invalid.
fallsee 10 Specifically Set Forth the Crsatio.
Il Clearwater County.
The supreme court, in a unanimou.
opinion handed down yesterday, decide.
the act Of the last legislature creating
Clearwater county as null and void.
The question was raised by the appli
cation on the part of A. E. Holmberp
who was appointed treasurer of the
county for writ to compel State Audi.
tor F. w. Jones to issue license blanks
to the new county.
The case goes off on a point that the
Clearwater attorneys did not believe
would be seriously considered. The act
which was passed as substitute, in de
scribing the boundaries, did not contain
the words, ''shall constitute the county
Of Clearwater'--a 6word omission that
skaters the hopes Of the friends of the
desired new county.
Counsel for Clearwater made their
main contention over the constitutional
amendment requiring million dollar
assessed valuation as a condition pre-.
cedent to the formation of new county,
They commended the amendment was
Itself unconstitutional, as it did not re-
ceive the two-thirds vote in the house
required by the constitution.
While the supreme court inferentiallv
holds against them on that point, it does
not decide it squarely, saying it is not
necessary to determine that question, the
omission of the words referred to alone
being fatal to the act.
The opinion, which is per curiam, is
as follows:
This is an original proceeding in this
court to obtain writ of mandate COM
polling the defendant, as state auditor,
to furnish the plaintiff, as treasurer of
Clearwater county all necessary blank
licenses which the law requires the
state auditor to furnish the county treas
urers, and which the defendant fails and
refused to do. The defendant, as state
auditor, denies the existence of Clear
water county. The petition alleges that
the governor, acting under authority Of
m act passed by the Sixth session OF the
Legislature, approved March ~. 1901. ap-
pointed the plaintiff to the Office
of treasurer of Clearwater county,
on the -- day of April,
1901, and that the plaintiff had
qualified as such officer, assumed the
duties of the said Office and was acting
thereinunder. The court made an order
directing the defendant. as state auditor.
to show cause why permptory writ Of
mandate, as prayed should not issue, and
in response to said order the defendant
answered denying the existence of the
county Of Clearwater and the question
before the court for decision isas follows:
Is the act of March a, 1901, entitled
AN act to create and organize the
county Of Clearwater and define the
boundaries of Shoshone, Idaho and Nez
Perez countless valid7'
''It is contested on behalf of the de-
PENDANT that the amendment to section
I. article IS, Of the constitution submit
ted or attempted to be submitted to the
people for adoption. or rejection, and
which received a majority Of the votes
cast In 1898, and which, was by order
made by the board Of canvassers on the
fifth day Of December, 1898, declared
adopted, never became part of the con- ]
stitution on the ground that the resolution
submitted the same to the people never
passed the legislature, for the reason that
ont Of - members Of the house Of repre-
sentatives only II voted in favor Of its
passage, while II voted against its pas.
sage and II did not vote. The duly GER
tilted Transcript Of the Journal of the
house. fled ~ evidence in this proceed
ing shows that upon the passage of the
said resolution in the house, March I,
1897. II members voted for its passage
and II voted nay, while there was absent
and not voting ~ members. 1t will thus