O'Connor v. Board of County Commissioners
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. A petition to call an election under tbe local option law was presented to tbe board of county commissioners. Tbe election was ordered by tbe board. Appeal to the district court. Order of tbe board affirmed. Appeal to this court.
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APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. A petition to call an election under tbe local option law was presented to tbe board of county commissioners. Tbe election was ordered by tbe board. Appeal to the district court. Order of tbe board affirmed. Appeal to this court. “Tbe application or petition for an election required by a local option law is a jurisdictional prerequisite; without such a petition, sufficient in respect to form and signature, tbe authorities have no power to order an election, and none can be legally…
1Opinion of the CourtStewart, J.
— A petition was presented to tbe board of county commissioners of Bear Lake county, praying that an election be held, under tbe provisions of tbe act of February 20, 1909 (Laws of 1909, p. 9), known as tbe “local option *348law-, ’ ’ to determine whether the sale or disposal of intoxicating liquors as a beverage should be prohibited in said county.
John F. O’Connor, appellant, filed objections and protest against calling such election. The matter was heard before the board of commissioners, and an election was ordered. From this order an appeal was taken to the district court. This case was tried…
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