Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1915-06-11
Is new COUNTY
LAW DEFECTIVE?
Attorney Sinclair Examines Boundary
County Act in Response to Rumors
That 1t Is Unconstitutional
DISTURBING QUESTIONS RAISED
Says He Believes Act Would Easily
Survive Test in Court

Spurred by the rumors that an
attempt would be made to prevent
the organization of Boundary coun-
ty by court proceedings, Attorney
Bartlett Sinclair, of Boomers Ferry,
gave the act creating the new coun-
ty careful examination, and as
result submits the following timely
and interesting article in which,
after touching upon the disturbing
features of the law, he maintains
there is no error in the act impor-
tant enough TO make probable its
overthrow by the courts. The
article follows:
From some unidentified source
there are persistent rumors that an
effort will be made by someone in
some court to nullify the law Great
ing Boundary county. IF the
Boundary county law is unconsti-
tutional the sooner the courts SO
declare it the better it will be for
all concerned.
The writer believes it is a per
fectly constitutional enactment. 1t
is quite true a careful reading of
the law reveals inconsistencies and
antiquities. These, however, are
not of character to invalidate the
law.
The first section declares: That
there is hereby created and formed
out of a portion of the existing
county of Bonner in the state of
Idaho, a new county, to be named
Boundary county, to be organized
and governed as hereinafter pro-
vided."
The fourth section provides:
Within thirty 800 days after the
act becomes a law the governor of
the state of Idaho is hereby author
lied and directed to appoint for the
county of Boundary three CD COM
missioners. The county COM
missioners so appointed shall on or
BEFORE the first Monday in July,
1915, after their said appointment,
qualify and the other officers
shall IMMEDIATELY thereafter quail
ify and enter upon the dis
charge of their respective duties
and the said officers shall hold their
respective offices the same as
if they had been elected at the reg
ular election of 1914"
Section seven proceeds: With
in thirty 800 days after this bill
becomes a law, the governor of the
state is hereby authorized and di-
rected to appoint two competent
accountants, " etc.
Section 10 declares: The coun-
ty treasurer of Bonner county shall
AS SOON as the county treasurer oil
Boundary county is qualified to
act pay over to the county treasur'
err of said last named county al
school money . . collected up tC
the second Monday in July, 1915
and shall also pay to the municipal
CORPORATIONS in said last named
county all funds in his hands be
longing to such municipal corpora
tons
A very significant section il
number nineteen. That section
reads: The officers of Bonnei
county shall continue to perform
their respective official duties in thu
territory of Boundary county from
and after the passage and approva
of this act, as if the said las
named county had not been created
until such time as Boundary coun
ty shall be organized and the off
GERS thereof qualified.
There is no question that tn
peculiar phraseology found in thes
sections leaves room for doubt con
corning the date of the creation c