Doan v. Board of Commissioners

Citations

• 3 Idaho 38
• 26 P. 167
• 1891 Ida. LEXIS 13

Syllabus

<p>Taxpayer may Sue to Prohibit Removal of County Records— Statute Creating Counties Construed — County Seat — Constitution Construed. — Citizens who are residents, electors and taxpayers of a county may bring a suit for injunction to prohibit the removal of the county records from a place alleged to be the county seat, to a place claiming to be legally selected as the county seat of the county, and to test the legality of such selection when there is no speedy and adequate remedy at law.</p> <p>Act Creating Elmore and Logan Counties Construed. — Section 6 of the act creating the counties of Elmore and Logan, approved February 7, 1889, was not repealed or abrogated by section 2 of article 18 of the constitution.</p> <p>County Seat — New County. — Said section 2, article 18 was not intended to apply to the location of a county seat, consequent upon the organization of a new county.</p> <p>Constitution and Statute Construed Together. — A strained construction of the constitution is not required nor permitted, in order to work the repeal of statutes not clearly repugnant thereto. It is the duty of the court to give both the statute and the constitution such construction as will give effect to both, unless the statute is so clearly repugnant to the constitution as to admit of no other reasonable construction.</p> <p>County Commissioners — Authority to Submit Question of Location of County «eat. — The election held in the state on October 1, 1890, was the general election for that year, and the county commissioners of Logan county were authorized to submit the question of the permanent location of the county seat for said county to the voters at said election.</p> <p>(Syllabus by the court.)</p>