Knight v. Trigg

Citations

• 16 Idaho 256
• 100 P. 1060
• 1909 Ida. LEXIS 32

Syllabus

<p>Constitutional Law — Statute Void for Uncertainty, Indefiniteness and Incompleteness — Void Section does not Affect Remaining Statute — Vacancy in Office — Appointment to Pill Vacancy.</p> <p>1. See. 2 of Senate Bill No. 152, entitled, “An act creating the eighth judicial district; providing for the election of a judge thereof; providing for the fixing of the terms of court in said district, and relating to the causes, matters or proceedings pending in said district and empowering the judge of the first judicial district to refix the terms of court in said district for the year 1909, and amending see. 26 of the Revised Codes of Idaho,” approved March 15, 1909, is void and inoperative for indefiniteness, uncertainty and incompleteness.</p> <p>2. Such indefiniteness, uncertainty and incompleteness consists in the failure of the legislature to designate, point out and provide the procedure for holding the special election that the section attempts to authorize and require, and for the further reason that in the particulars in which it is indefinite, uncertain and incomplete, the general election laws are inapplicable without substantial and-material variation and alteration, such as political and ministerial officers would not be justified in attempting to make.</p> <p>3. The act, Senate Bill No. 152, freed from the inoperative, incomplete and void provisions contained in sec. 2, remains a substantial and complete legislative act, capable of enforcement and execution.</p> <p>4. Under the provisions of see. 19, art. 5 of the constitution, a vacancy in the office of a judge of the district court shall be filled in the manner provided by law, and the legislature, by sec. 320 of the Revised Codes, has provided by law that such vacancy shall be filled by appointment by.the governor until the next general election.</p> <p>5. Under the provisions of sec. 317, Revised Codes,-every civil office is declared vacant in case an ineumbent ceases to reside in the district in which