Grant v. Lansdon

Citations

• 15 Idaho 342
• 97 P. 960
• 1908 Ida. LEXIS 104

Syllabus

<p>Weit of Mandate — Secretary of State — Piling Certificate of Nominations Made by a Political Party — Presentment of Certificate for Piling — Office Hours.</p> <p>1. Under the provisions of sec. 452, Rev. Stat., the secretary of state is required to keep his office open for the transaction of public business from 10 o’clock A. M. until 4 o’clock P. M. each day, except upon holidays.</p> <p>2. Under the provisions of sec. 22 of an act providing for the holding of general and special elections (Sess. Laws 1899, p. 33), it is provided that certificates of nomination to a public office to be filed with the secretary of state shall be filed not more than sixty days and not less than thirty-five days before the day fixed by law for the election. As the general election occurs on November 3, 1908, a certificate filed on the 28th day of September would have been filed in time.</p> <p>3. When the secretary of state keeps his office open after 4 o’clock P. M., and a certificate of nomination is presented to him for filing and certifying thirty-five days before the day fixed by law for the election, it is his duty to file the same, and he cannot legally refuse to do so on the ground that the law does not require him to keep his office open after 4 o’clock P. M.</p> <p>4. Under said section of the statute, the secretary of state is not required to keep his office open after 4 o’clock of eaeh business day, but if he does keep his office open after that time and is transacting the business of the public there, it is his duty to receive such business as is presented to him.</p> <p>(Syllabus by the court.)</p>