Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1920-04-16
Defends Eligibil-
ity Of Mr.. Snyder
CONTINUED from page one.)

of their respective districts. In the
absence of any constitutional or
statutory provision prohibiting it,
municipal officers may be selected
from non-residents of the corpora
ton, or from those who have not
been residents for period suffic-
lent to enable them to qualify as
voters. The rule is otherwise or
course where there is an express
statutory requirement that munich
pal officers must be residents or
the corporation. So in the absence
of some constitutional or statutory
requirement to that effect the Off
Ger need not continue his residence
to hold his office. If a resident at
date of election 1t is otherwise
however where there is a charter
provision that municipal officer
shall reside in the ward from which
he is elected and that the office
shall become vacant on the incum
bent ceasing to be resident there
of (2S CYC 412)
In a Washington case Estate VS.
Nelson, "a Pac. 1922 it was held
that where person had been elect
ed road overseer of certain dis
trict. the commissioners could not
create vacancy in the office by SO
changing the boundaries of his dis
trict to leave out that part in
which the overseer resided. Not
withstanding the Washington law
provides that every office shall be-
come vacant if the officer shall
cease to be an inhabitant Of the dis
trict for which he has been elect
ed or appointed. or within which
the duties of his office are to be
discharged.
The Commissioners of the Clear
water Highway District were resi-
dents of the district at the time of
their original appointment and
qualification, and they have not
changed their respective residences,
l am of the opinion that the present
commissions may continue to hold
office until the expiration of their
term if they so desire.
In the absence of any statutory
provision, the only way a point of
law can be settled is by court
decision, and in the absence of such
decision with all due respect to the
office of the Attorney General, we
contend that one mans opinion is
as good as anothers, and as we OBJ
tanned what at that time we consid-
cred satisfactory opinion, and we
have had no reason to change our
mind since we MAINTAIN that the
board has no power to act in the
matter of declaring the office of
Mr.. Snyder vacant, and the only
about would be for some dissatis-
fled party to begin proceeding to
have the court declare the office
vacant.
We are pleased to note that the
ability of Mr.. Snyder or his loyalty
to the district is now questioned
and there can be no question OF
either as he has been untiring in
his efforts to bring about the con
summation of the two great road pro
jects now under course of con
struction in our district. but We
feel that it is unfortunate that
this agitation should have been
started at this time as 1t may great.
ly embarrass our board when We
go into the market to place tn,
Two Hundred Thousand Dollars OF
the district bonds remaining unsold
which we will have to do in 9
short time.
In conclusion will say that the
Commissioners of Clearwater High
way District have worked in per
feet harmony, and have at all times
endeavored to promote the best in
terests of the district. The records
of our office are open to inspection
at all times, and we have no apol
ogy to make for any act of tn,
board.
Respectfully submitted,
M. B. ERB,
President of Board of Commits
sioners Clearwater Highway Dis
trict. Clearwater County, Idaho.