Hodges v. Tucker

Citations

• 25 Idaho 563
• 138 P. 1139
• 1914 Ida. LEXIS 20

Syllabus

<p>District Courts — Jurisdiction—Municipalities—Power op Municipalities That have Accepted and Adopted as Provided by Law the Provisions op Chapter 82, Laws of 1911 — Removal op Officers op Municipalities.</p> <p>1. Sec. 7459, Rev. Codes, contains no specific provision relating to municipal officers, and there is no attempt or intent either expressed, or from which a presumption could be entertained, to confer jurisdiction upon the district court to hear and determine a cause growing out of the violation of a city ordinance, or neglect of duty to enforce a city ordinance, in cities that have organized and accepted the provisions of the Black law, chap. 82, Laws of 1911.</p> <p>2. Secs. 3829 and 3830, Rev. Codes, provide for the creation of district courts, and see. 3829 provides as follows: “District courts are hereby established to be held in each of the counties of this state which have been or may hereafter be organized by law, for the purpose of hearing and determining all matters and causes arising under the laws of this state. This court is presided over by district judges chosen by the qualified electors of their respective districts for a term of four years.”</p> <p>3. See. 20, art. 5 of the constitution of this state provides: “The district court shall have original jurisdiction in all cases, both at law and in equity, and sueh appellate jurisdiction as may be conferred by law.”</p> <p>4. See. 7459 is a general statute whieh was enaeted before the adoption of the constitution, and its provisions are not incorporated in the Black law, and therefore it is not in force as to municipalities organized under such law, and such section does not apply in the present case, and the provisions of the Black law provide a complete form of government for cities of the state of Idaho now or hereafter having a population of 2,500 or over, provided that such cities become organized under an election as provided for in such act.</p> <p>5. Sec, 7459, Rev. Codes, was a genera