County of Ada v. Ryals
Idaho Supreme Court
APPEAL from District Court, Ada County. It will be urged without doubt that the constitution of the state being a limitation of the legislative power only and not a grant of authority, there is no restriction upon the legislative assembly forbidding the creation of new offices, and that the right to create the office of clerk of the probate court exists.
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APPEAL from District Court, Ada County. It will be urged without doubt that the constitution of the state being a limitation of the legislative power only and not a grant of authority, there is no restriction upon the legislative assembly forbidding the creation of new offices, and that the right to create the office of clerk of the probate court exists. But subdivision 6 of article 18 of the constitution expressly provides that no other county offices than those named in the constitution shall be established. We submit that the clerk ■of the probate court, if it is intended to segregate the…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts.) — The plaintiff contends that section 2, article 5 of the constitution of the state of Idaho, prohibits the probate judge from receiving and retaining more than $2,000 per year for all services rendered by him. By the terms of section 3844 of the Revised Statutes of Idaho, it is provided that there shall be a clerk of the probate court, to be appointed by the judge thereof, or the probate judge may act as the clerk of his own court. This law is still in full ferce and effect. This is in no sense a county office. The probate judge, therefore, may appoint a clerk, or…
2Cases cited1 opinion
- Hillard v. Shoshone CountyIdaho Supreme Court · 1891
3Cited by4 opinions
- Givens v. CarlsonIdaho Supreme Court · 1916
- In re Appeal of RiceIdaho Supreme Court · 1906
- Woodward v. Board of CommissionersIdaho Supreme Court · 1897
- State Ex Rel. Wright v. GossettIdaho Supreme Court · 1941