Dunbar v. Canyon County

Citations

• 6 Idaho 725
• 59 P. 536
• 1899 Ida. LEXIS 62

Syllabus

<p>Constitutional Law. — The appointment of a deputy under the provisions of section 6, article 18 of the constitution of Idaho is not the creation of an office.</p> <p>Same — Appointment of Deputy Clerk not a Creation of an Office. — When the record shows that upon application by the clerk of the district court, who is ex-officio county recorder and auditor the board of county commissioners, after hearing of evidence in support of such application, found and determined that a necessity for such appointment existed, and thereupon authorized and empowered said officer to appoint such deputy and fixed his salary, and where it further appears that the fees and commissions of said office exceeded the maximum salary of such officer and that of the deputy authorized by the board of commissioners, it is the duty of said board of commissioners to audit and allow the claim for such salary of the deputy, and upon their refusal to do so, an action against the county for the amount of said deputy’s salary will lie.</p> <p>(Syllabus by the court.)</p>