The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1917-03-30
SIS KADLETZ
4 LAWFULLY
HOLDING JOB
DfAMTY SUPERINTENDENT is
W8MTo r IN THE CoNTE ST
sHnDGHT BY MRS. o'BRIEN.

3sAge F. ]. Cowen of the district
Won Is found in favor of Miss Oh
Fe #Hiletz in the controversy over
be III to hold the Office of county
kM& mtendent of schools of Lemhi
0s2H& The action arose on a writ
MNM warranto on which there was
he&ing at Blackfoot in January
M EOunty Attorney Rees appear
III 1NK the state and l.. Z. Glennon
Iii &NA present superintendent. Mrs.
HaN ID. O'Brien, the former superin-
eNlzANk, made the affidavit on which
mst III was issued,
. I#AMe Cowen goes at length into
MA NNAtement of the case and re-
#M i'll the law bearing thereon. The
@NENnH was received by Court Clerk
- NS Monday morning. 1t was dat
MAFch "a at Blackfoot.
nNkher or not Mrs. O'Brien held
N ice without sufficient techni-
mNK ratification was not decided at
HI Mongh raised in the case.
Xha decision is of so much interest
nhi county that it is given
nhife9tion in full. Judge Cowen
m
XhI8 is a proceeding in quo war
lAnsH 10 determine primarily wheth-
IA &1N defendant in the proceedings
" @mtItled to retain the office of
onKN superintendent of Lemhi coun-
2nx the term of two years com
aemnfng with the second Monday in
aw, 1917, and in case il shall
=, NH1d that she is not entitled to re-
w &nch office, then to ascertain
u Hetermine whether Mrs. lara
A O'Brien is entitled to be re
a in such office from which po-
ftinn Il is alleged the defendant
uale Mrs. O'Brien on the said date
nsfhe cts upon which the action is
aaeA IRE stipulated by the respec.
Hive MAFties to be as follows:
VII ak at the regular election in
ha cnnnty of Lemhi, state of Idaho
u the 7th day of November, 1916
III dendant Olive KadletZ and Cla
Hw NiNkles O'Brien were opposing
= ties for the office of county
fendent of public instruction
countXs that the said Olive
ooh ade received 1249 votes and the
" aid cara Diggles O'Brien received
IIusn4 Q0tes; that the votes We're prop
-sxlv nnMvassed and certificate of cleo
ton iaaned to the said olive kadletZ
nd sha1 she was inducted into the
aid ofkkce on the Sth day of January
a7T. II is also stipulated that at the
lme III her nomination, election anC
nffunfaon into office, she possessed
II thn necessary legal requirement.
fn Hke, residence and educationa
malEzeAtions. but it is contended OF
III mAE4 of the relator that she wal
s0f nos sessed at any of such times o
he neeessary teachers certificate re
hired by the law to enable her t
naaff0 for her said office, and tn
nrftNnafe under which she has beei
emnhinR for a number of years pas
conknd in full into the stipulation
env he defendants answer to tn
H11t1nn of the relator she question
~ nsAlifications of Clara Diggle
gprlen. her opponent at such cleo
I'm. u take and hold the office
ounfN superintendent, baslng ne
1aEms Df disqualification upon an a
enaAiun that Mrs. O'Brien has no
lad ne necessary teaching eXpei
ence nile holding valid state Gel
fhcaIH to qualify her to take an
y rYd sald office II is conceded, how
waF. 81 the stipulation that in othe
n1tlruiars Mrs. O'Brien is entirel
l. mnitfSna by age, residence and edl
m4anma1 requirements to be entlrel
3 nmnnfant to take and hold the o
= lc8
Tsha primary question to be dete
, nfnnn is, whether the certifcat
ehseh Miss Kadletz holds falls witt
d nnu class of certificates which IN
salute requires a county superintel
II tent k0 be possessed of as a neces
- nualification TO hold the office
, nunk8 Superintendent.
O #h certificate in question show
Il it, ace and IL is conceded 10 haN
tmem sued by the State Board of F.
ln4Ium but IL is denominated by II
Nnkn Board as a Provisional Sta'
sNssHNate" and is attempted to I
Im1kHa TO a period Of two years fro
IL aaAe. After running a period
wn venrs from its date. il further a
enxa ID have been renewed by n
fmtn superintendent OF schools for
mFMax period of two years.
KAH Statutes. the construction
Which appear to be involved in n
maaee&ing. are as follows. SeCtiC
Fhraa Chapter lis of the 1918 Sc
len m@s at Page 43s. provides as 4
0wn 18th reference TO the qualific
lona 81 the county superintendent
Previded that no person shall
Dc H4aElble 10 the oHlcf OF Souh'H
smnarintendent OF public inSFrue-
tfnn nnless he be. at the time OF
his nomination or appointment a
nmMHlned elector OF the county
from which he is nominated or
mnmointed Of the age Of twenty
ave f25) years. a holder OF a
U STATE or STATE LIFE CERT
i EICaTE, a teacher Of not less
than two years actual experience
and Service as a teacher in the
a&hnals Of Idaho. one Of which
Nemna experience must have been
mhna holding a valid certificate:
an a which aforesaid qHaliaca
tiers must be in force at the
fame of nomination OF appoint
ms
Aa Section 90. Chapter 15s Of I