Blake v. Board of Commissioners Ada County

Citations

• 5 Idaho 163
• 47 P. 734
• 1897 Ida. LEXIS 2

Syllabus

<p>CONSTRUCTION OF CONSTITUTIONAL AMENDMENT.-A constitutional</p> <p>amendment separating two offices theretofore combined, which provides that “the legislature, by general and uniform laws,” shall provide for the “election biennially” of such officers, is not self-executing, and does not go into full operation until such laws have been enacted, and a general biennial election held thereunder. County Superintendent of Public Instruction. — John J. Blake, having been elected probate judge of Ada county, under the laws enacted by the legislature pursuant to section 6, article 18, of the constitution, as originally adopted, is entitled, ex officio, to admission to the office of county superintendent of public instruction for said county.</p> <p>Mandamus. — John J. Blake, who was elected probate judge in and for Ada county, qualified as such, and, at the time appointed by law, presented his official bond as ex-officio county superintendent of public instruction for said county, and offered to take the oath required by law of said superintendent, before the board of commissioners of said county, who refused to administer such oath; applied for writ of mandate to compel said board to administer said oath and admit him to said office. Held, that he was entitled to such writ which was ordered to issue.</p> <p>(Syllabus by the court.)</p>