Speer v. Stephenson
Idaho Supreme Court
Original proceedings in this court for writ of prohibition. Demurrer and motion filed to the petition. Said act assumes to confer judicial functions upon an administrative officer in violation of see. 2, art. 5, of the constitution, in that the state engineer is empowered to hear, try and determine a question involving the right of private property and to enter an order depriving the owner or claimant thereof.
Read the full summary
Original proceedings in this court for writ of prohibition. Demurrer and motion filed to the petition. Said act assumes to confer judicial functions upon an administrative officer in violation of see. 2, art. 5, of the constitution, in that the state engineer is empowered to hear, try and determine a question involving the right of private property and to enter an order depriving the owner or claimant thereof. Said proceeding is in violation of those provisions of the constitution and of the statutes requiring uniformity in judicial proceedings, and in conflict with the usual course of…
1Opinion of the CourtStewart, J.
This is an original application for a writ of prohibition, restraining the state engineer from proceeding to hear and determine a contest instituted under the provisions of an act approved March 11, 1909, for the cancellation of a water permit, and involves the constitutionality of said act.
The objections made to said act are: First, that it confers judicial power upon the state engineer in violation of the constitution, art. 2, see. 1, and art. 5, sec. 2; second, that the procedure prescribed is not due process of law, as that term is used in the state and federal constitutions; third, that…
Also in this document: Concurrence.
2Cases cited14 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- State v. GuilbertOhio Supreme Court · 1897
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- State ex rel. Drake v. DoyleWisconsin Supreme Court · 1876
- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Keenan v. PriceIdaho Supreme Court · 1948
- Straw v. HarrisOregon Supreme Court · 1909
- Ormsby County v. KearneyNevada Supreme Court · 1914
- State Ex Rel. Graham v. EnkingIdaho Supreme Court · 1938
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
30 more not listed; retrieve them via the Exa API.