McDonald V. Doust
Idaho Supreme Court
ORIGINAL application for a writ of mandate. Alternative writ issued and upon hearing writ quashed and action dismissed. In this matter the defendant has filed a demurrer to the petition of the petitioner and attacked the constitutionality of the act of the legislature under which he is acting as sheriff of the county of Clark, state of Idaho.
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ORIGINAL application for a writ of mandate. Alternative writ issued and upon hearing writ quashed and action dismissed. In this matter the defendant has filed a demurrer to the petition of the petitioner and attacked the constitutionality of the act of the legislature under which he is acting as sheriff of the county of Clark, state of Idaho. In our judgment there is but one question for determination in this matter and that is, Has the legislature of the state of Idaho, under the constitution of our state, the right to abolish a county and create and organize others from such territory? The…
1Opinion of the CourtAilshie, J.
— This is an original application by the plaintiff, praying for the issuance of a writ of mandate. The plaintiff alleges that at the general election held in November, 1904, the defendant, Edwin Doust, was duly elected sheriff of the county of Kootenai, and thereafter qualified and entered upon the discharge of his duties as such sheriff. That thereafter the legislature passed an act abolishing the county of Kootenai and creating the counties of Lewis and Clark, and that by the provisions of the act, the governor was authorized and directed to appoint county officers for each of the new…
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