Barton v. Alexander
Idaho Supreme Court
Original application for a writ of prohibition to the board of trustees of the Soldiers’ Home. The act violates sec. 3, art. 6, of the constitution, in providing an additional qualification to hold a civil office, in that no person shall be appointed for the sole disqualification that he is related within the third degree by affinity or consanguinity to the appointing officer or his voting associates.
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Original application for a writ of prohibition to the board of trustees of the Soldiers’ Home. The act violates sec. 3, art. 6, of the constitution, in providing an additional qualification to hold a civil office, in that no person shall be appointed for the sole disqualification that he is related within the third degree by affinity or consanguinity to the appointing officer or his voting associates. (Bradley v. Clark, 133 Cal. 196, 65 Pac. 395; Thomas v. Owens, 4 Md. 189; Siryker v. Churchill, 39 Misc. Rep. 578, 80 N. Y. Supp. 588; Black v. Trower, 79 Va. 123.) The appointments of county…
1Opinion of the CourtSullivan, C. J.
— This is an original application in this court for a writ of prohibition to the board of trustees of the Soldiers’ Home and to Colonel Robert Barton, commandant of said home, requiring them to show cause why they and each of them should not permit the petitioner to continue *290in the discharge of her duties as matron of said Soldiers’ Home on and after May 8, 1915.
It appears from the petition that the petitioner, or plaintiff, is now and ever since the 15th day of September, 1913, has been, the duly appointed, qualified and acting matron of the Soldiers’ Home; that the board of trustees of said…
2Cases cited3 opinions
- Katz v. HerrickIdaho Supreme Court · 1906
- Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
- Turner v. CoffinIdaho Supreme Court · 1903
3Cited by15 opinions
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- Employment Security Agency v. Joint Class "A" School District No. 151Idaho Supreme Court · 1965
- State Ex Rel. Robinson v. KeefeSupreme Court of Florida · 1933
- Fraser v. DavisIdaho Supreme Court · 1916
- Backman v. BatemanUtah Supreme Court · 1953
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