Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1915-06-11

The question may properly be
asked the performance of what
specific act or acts gave Boundary
county legal existence? What
effect upon the organization of the
county has Governor Alexander $
failure to appoint full board of
commissioners within the 80 days
limit prescribed in section four,
assuming, of course, that James
Fitzpatrick was not appointed
Now that the county commission
ers have qualified, what would be
the status of Boundary county with
respect to the courts, district and
probate? Suppose some of the
county officials qualify and some
do not; would the county, in legal
contemplation, he organized and
ready to do business? For instance,
should Judge O'Callaghan qualify
as probate judge and Mr.. Worley
as sheriff and Mr.. Stanley as aud
itor, which according to the &C
they ought Immediately to do, does
Boundary county become an effect
tive organization? Under such cir
cumstances would a court decision
by Judge O'Callaghan be binding
on litigants in civil and criminal
proceedings? Should the sheriff
make an arrest by virtue of a pro-
cess legal and valid on its face be
liable personally for his acts as
soon as any or all the other officers
qualify following the qualification
of the commissioners as provided
in section four?
I have been asked frequently by
ardent friends of the new county,
What was the purpose of section
nineteen? By inference this sec
ton has created the impression
that the law seeks to invest the
county officials of Bonner county
with extra territorial duties, in
other words, with power to dis
charge their duties in some other
county than Bonner county. This,
of course, could not be done. If
the legislature did not anticipate
the existence of Boundary county
prior to the first Monday of July,
1915, why was section nineteen in
corporated in the bill?
While there is doubt regarding
these and other provisions of the
bill, they are not at all vital to the
constitutionality of the BILL. They
may be carried to the courts for in
depreciation, with no intendment
to nullify the division law.
No attempt to defeat the law
could be made colaterally. The
attack must be made directly for
that specific purpose.
1t should be borne in mind that
many of the laws creating new
counties have been contested in the
higher courts. Should Boundary
county be assailed there would be
no occasion for hysteria. In all
county division contests, l do not
think, more than one or two have
been adjudged illegal creations and
none on the grounds of objection
alleged against Boundary county.
1t is sincerely hoped that no one
sees a basis for attacking the Bosn-
dairy county law, but, l repeat, if a
reasonable doubt is entertained il
> had better be judicially solved be-
fore personal and property interests
are jeopardized or Invested.
To contemplate with equanimity
the possibility of notification Of
our county after struggle cover
ing a period of twenty years to Sc
cure local government, is not easy.
Yet, I hold, it is best to meet all
the questions growing out of the
j situation calmly. There is thi.
consolation, that nothing can be
i done without the sanction of the
e higher courts and such proceedings
q as would have to be instituted are
i accorded precedence on the cour
t calendars. The delay would be in