The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-05-06
ANTI.NEPOTISM LAW
EXPLAINSIT
THE ATTORNEY GENERAL SUP.
PIGMENTS DECISION FOR
BENEFIT OF OFFICERS.

For the guidance of state, county
land municipal officers affected by the
Ianti-nepotism act, the attorney gem
erals office issued Friday an opinion
ON the law to supplement the decision
made Thursday by the supreme court.
The anti-nepotism law was passed by
the Thirteenth session of the legisla-
ture and appears as chapter 10 Of the
session laws
The attorney generals opinion is as
follows;
Relationships.
The act in question includes all re-
latlonshps within the third degree OF
consanguinity or affinity.
Consanguinity refers to blood rea-
lions; affinity refers to the relation
ships existing between husband and
the blood relatives of his wife, and be-
tween a wife and the blood relatives
Of her husband. AfiinitiVe includes,
in addition to the above. all brothers
and sisters law thus, where two
sisters are married, their husbands
are related to each other by affinity.
The following relationships and none
other are covered by this law; Par
ents grandparents, great -grandpar-
ents uncles, and aunts, brothers and
sisters, children, grandchildren, great
grandchildren, nephews and nieces.
Appointments.
Where a public officer makes an APP
pointment of any of the above named
relatives of his own, or of his wife,
he is subject to the penalties of the
law.
Appointments of relatives within the
prohibited degree made prior to may
8. 1915, are legal, but such relatives
cannot draw pay for any service rend
cred after May 8, 1915, without sub
jecting the officer who pays them to
the penalty of the act.
Boards of county commissioners
cannot after May s, 1915, appoint to
the salary of any person who is re-
lated to any member of the board
within the prohibited degree.
This applies to all state boards, all
county boards, all city and municipal
boards, and all trustees and directors
Of roads districts.
Exemptions.
School districts, irrigation districts,
drainage districts and improvement
districts are not included within the
terms of the act,
The head Of one department of the
state, county or city governments may,
where the sole appointing power rests
in him appoint to office a relative,
within the prohibited degree of the
head Of any other state, county or
municipal department, whenever such
appointment is not made on the
agreement or promise of such other
officer or any public officer to appoint
or furnish employment to anyone 50
related to the officer making or voting
for such appointment"
Approval of Claims.
The state board of examiners and
the board of county commissioners,
when auditing claims, are not violat-
ing the act when they approve the
claims of persons legally appointed
and serving, even though such per-
sons aer related to members of the
board of examiners and board Of coun-
ty commissioners.
Penalties.
The penalty of the act is a fine of
not less than $40 nor moe than one
thousand dollars, and removal from
office for any officer making an illegal
and a similar penalty for
any officer knowingly paying money to ,
any person illegally appointed or IL
legally continued in employment after
May s, 1915.