The daily star-mirror. (Moscow, Idaho) 1911-1939, 1914-05-12
COURT UPEOLDS
COUNTY BOARD
REFUSED TO GUST BLAIR HOAR
AS TREASURER OF CLEAR
WATER COUNTY.
In Decision Handed Down Says No
Evidence of Corrupt Motives in
Employment for Extra Work.

In a lengthy opinion handed down
| today by Judge Edgar c. Steele of the
district court in the case of P. E. Nc
Roberts versus Blair Hoar, treasurer
of Clearwater county, in which the
plaintiff seeks the custer of the treas
urer on the grounds of alleged infrac-
tions of the law relative to the duties
that may be performed by the treasur-
er in which extra compensation is
given, Judge Steele denies the ap-
plication for the removal of Blair
Hoar from office. Some important
law points are involved. The suit is
one growing out of factional diff
ferences in Clearwater county and
the action was instituted just prior to
Judge Steele coming to Moscow for
the present term. The decision is as
follows:
Judge Steele's Decision.
"This action is brought by the Plain
tiff, McRoberts, to remove the defen-
dant, Blair E. Hoar, from office, and
have him pay the plaintiff $500, under
Section 1853, which reads as follows:
"7459. When an information in
writing, verified by the oath of any
person, is presented to a district
court, alleging that any officer
within the jurisdiction of the court
has been guilty of charging and
collecting illegal fees for services
rendered or to be rendered in his
office, or has refused or neglected
to perform the official duties per-
tanning to his office, the court
must cite the party charged to ap-
pear before the court at a tine
not more than ten nor less than
five days from the time the infor-
nation was presented, and on that
day, or some subsequent day, not
more than twenty days from that
upon which the information was
presented, must proceed to ha,-,
Ill d IldullSI, IHG lulOl-
nation and evidence offered in
support of the same, and the ans
wer and evidence offered by the
party informed against; and if, on
such hearing it appears that the
charge is sustained, the court must
enter decree that the party in
formed against be deprived of his
office, and must enter judgment 1
of $500 in favor of the informer,
and such costs as are allowed in
civil cases. 5
"The statute is one requiring strict
,,s+,.,o+;on boo.usa a 10 s+a+,,+o 49, f;
rcing a heavy penalty, not only for Il
e forfeiture of $500, but removal 81
ON office, and the statute should be
richly construed under all of the G.
les for the construction of statutes. pi
Facts Are Undisputed. =
III
'The facts in this case are prac- n,
ally undisputed, and are in sub
Ince, as follows: The defendant df
air E. Hoar, was the duly elected Fl,
d quilted Treasurer of Clearwater of
lnty. The Board of County Com O,
ssioners of that County, while he
S such treasurer, entered into a A,
ltract with him, which was spread N
On the minutes of the said Board. ha
ploying the said Blair E. Hoar to
extra work, not required of tile
easurer as such officer, in preparing
bringing up the index of lands in
| for Clearwater County, which it
eared he had been neglected and
lething near three thousand entries ihs
not been indexed. They agreed Id
)ay him for such extra services the al
I of SIS per month. All of the lhs