The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1917-03-30


State Board of Education shall
be State Certificates and Specia-
lists Certificates each of which
shall be valid for eight (Sl years
and State Life Certificates, valid
for life, unless revoked for cause;
provided: That a State Life Ger
tihcate shall lapse when the hold
er thereof has not been actively
engaged in school work for five
consecutive years. Said State
Life Certificate shall, n such
event, be renewable at the op-
ton of the State Board of Educa-
tion,
'At the date of issuance of the GER
tificate in question to Miss Kadfetz,
on October 3, 1913, the statutes au-
thoriZed the State Board of Educa-
tion to issue to applicants for grades
of certificates in addition to the three
classes mentioned in the statute,
namely; Teachers State High School
Certificates, Teachers State High
School five year certificates. Teach
ers State High School three year GER
tificates and Teachers State High
School one year certificates, but the
statute nowhere provides for Pro
visional State Certificate good for
two years only. Now the question
arises whether the certificate in ques-
tion is void entirely, or whether the
certificate must be treated for the
purposes of this action as valid eX
ercise OF the authority of the State
Board of Education. If the action of
| the State Board is void, then of
course, Miss Kadletz has no certifi-
cate whatever, but if the certificate
is held to be valid at ALL II would
then become necessary to determine
which class of crtificates of those
enumerated 1t would naturally fall
under.
1t will be observed at the outset
that this proceeding is brought to de-
termne the qualifications of an of
fetal, and the question as to the valid
ity of this certificate arises as an in
cident or collateral inquiry to the
main proceeding.
From an examination of the au-
Tthorities ii seems that they are quite
unanimous in holding that the action
of the State Board of Education in
issuing this certificate cannot be at.
lacked in collateral proceeding, and
the Court is, therefore. forced 20 the
conclusion that the certificate in
question must be held valid. and il
is, therefore, necessary to determine
which class of certificates it natural
ly falls under.
; "By comparison of this. certificate
with the various grade of certificates
provided for it will be seen thai
there is only one class TO which i
could be accredited Ii does not come
under of the classes of Teachers
State High School certificates, Meth
, er is ii a Specialists State Certn
cate, neither is it a State Life Ger
tificate BY this process of elimina
tion there remains only the one class
> of State Certificates into which /
may fall, and | think it must, there
: fore, to be held to be valid State Ger
! tificate.
, , THE use of the word Provisional
! in the certificate should not or doe
: mot limit or curtail it's character a
: State Certificate. 1t is attempte'
by the State Board in anoher par
: of the certificate to limit its life to
reriod of two years, but II is YER
clear that under the Statute the stat
: Board of Education had no authorlt
to so limit its life, and the mistak
:, of the State Board. il there is an
error in their action, should be neil
/ to have occurred when they attempt
$ ed to lesson or limit the time durin
: which the certificate would be gooc
Full faith and credit must be extent
: cd to the action of the State Boar
= 80 far as il is possible to be done
/, and if there is apparent error O
!. mistake of authority on their par
y the courts must limit the holding {
; error to the narrowest posslole IN
a it's. and must not extend so tar as
: lhold that the action of the Board wa
void in to to. when construction
: their action can be given that Woui
! hold il to be valid in any parucula
"I am constrained. therefore,
: hold that the certificate held by MIS-
KadIetz ia valid State Certthcal
within the meaning of the law, whic
. would entitle her. if she Is possesse
/, of the other necessary quallncallon
- to hold hte office of county supeTl
, tendent of schools. II being eonceae
: that she is possessed OF the oth'
- necessary qualifications she Is ther
fore. rightfully entitled to continl
tn hold the office into which she vi
= inducted on the sth OF January lsl
a and having determined the primal
= question in her fayer. II becomes
necessary to pass on the quaiihc
tions of Mrs. O'Brien to hold the {
I, fce in question. Findings and Jud
= ment may ye prepared aceoruihel
= Iismissing the proceeding
Dated al Blackfoot, Idaho, this "a
day of March, 1917.
F J. COwEN, District jude