The Richfield recorder. (Richfield, Idaho) 1909-1931, 1909-12-30
BRUSH is ELIGIBLE.
Present Residence No Bar to Al
dermanic Duties.

Since his marriage, Mr.. T. B. Brush,
member of the village council of Rich
field, has been residing in the Blake
house, on the 40 acres adjoining Rich
field on the east. 1t is outside of the
village limits. The question was raised
whether he was still qualified to act as
a village trustee, since his removal
from the village limits. 1t was thought
that if there should be any legal OBJ
stacle, it would invalidate, or at least
impair, the value of the municipal ordi-
nances which he had helped to pass; and
a separate roll call was taken on all the
votes, to be prepared for any legal pro-
test that might arise. Mr.. Brush took
the matter up with the State Attorney
General, receiving from him the follow
ing opinion, which gives him every le-
gal qualification for serving the people
as he has done heretofore.
yours of the 18th inst. in which you
state that you were regularly appoint
ed one of the trustees of the village of
Richfield, and that since your qualifi-
cation you have rented and moved into
house about fifty or sixty feet outside
the village limits, but that you are
taxpayer in the village and hold the
position of cashier of the First State
Bank, is at hand.
''Sec. 2224 of the Revised Codes, pre-
scribing the qualifications of trustees, is
as follows:
"Sec. 1924. Any person may be a
trustee who shall be qualified elector
of this state and who shall have been
an inhabitant and taxpayer of the vii
lage at the time of his election, and
shall have resided therein for three
months next preceding his election, and
every trustee so elected shall hold his
office for the term of two years, and
until his successor is elected and quail
fed.
Section 317 of the Codes provides:
'Sec. BIT. Every civil Office shall.be
vacant upon the happening of either of
the following events at any time before
the expiration of the term of such Of
flee, as follows:
''5. His ceasing to be resident of
the state, district or county in which
the duties of his office are to be exer-
cised, or for which he may have been
elected.
"Section 32l provides that vacancies
may be filled in city and village offices
by mayor and council or board of trus-
tees.
''The statute has made no provision
for vacancies by removal of its officers
from the boundaries of the village, and
on examination of the authorities,
find that the cases have held that where
an officer has removed from the limits
of municipality, of which he is an Of
6cer, the question of whether or not
the office thereby becomes vacant is
one to be decided upon, the facts in
each particular case.
The courts nave heId that alter Ine
removal to a considerable distance
which will extend to considerable
length of time, so that the duties OF
the office will be neglected, and par
if there is no intention on the
part of the officer to return, the Of
flee becomes vacant and may be filled,
but if the removal is but temporary
and the party intends to return, the Of
fee does not become vacant.
Applying the foregoing rules, 1T
would not be difficult matter to ar
rive at proper conclusion in this par
ticular instance.
Very Respectfully Yours,
D. C. MCDOUGALL
Attorney General.