Sabin v. Curtis

Citations

• 3 Idaho 662
• 32 P. 1130
• 3 Hasb. 662
• 1893 Ida. LEXIS 17

Syllabus

<p>Constitutional Law — Statute Construed. — The act creating Bannock county (2d Sess. Laws, p. 170) is not in conflict with the provisions of section 19, article 3 of the constitution.</p> <p>Power of Legislature — Authority of Governor to Appoint County Officers. — The legislature has power to create new counties, and may authorize the governor to appoint county officers therefor to serve until the election of county officers at the first biennial election held thereafter, and until such officers so elected qualify, as by law required.</p> <p>Legislative Bepresentation. — Said act does not deprive Bannock county of representation. It remains a part of the Bingham county representative district and a part of the district composed of Bingham, Logan and Alturas counties, and its electors are entitled to voté for the same number of representatives as they were prior to the creation of Bannock county.</p> <p>Same — Not an Apportionment Law. — The act creating Bannock county is not an apportionment law in any sense, and neither grants nor takes away legislative representation from said county, nor changes the boundaries of any senatorial or representative district.</p> <p>Senatorial Districts not Changed. — Said act does not segregate the eleventh senatorial district. By the creation of Bannock county the tenth and eleventh senatorial districts are in no wise changed. The electors of Bannock county have the same right in the election of senators in said districts as they had prior to the creation of said county.</p> <p>Mandamus to compel the treasurer of Bingham county to pay over certain funds claimed by Bannock county. Writ granted.</p> <p>(Syllabus by the court.)</p>