Wilson v. Bartlett
Idaho Supreme Court
APPEAL from District Court, Fremont County. The constitution forbids the removal of a county seat except upon petition of a majority of the qualified electors of the county, and requires a two-thirds vote of the qualified electors to carry the election therefor. For such elections the qualifications of voters as to residence is extended to ninety days.
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APPEAL from District Court, Fremont County. The constitution forbids the removal of a county seat except upon petition of a majority of the qualified electors of the county, and requires a two-thirds vote of the qualified electors to carry the election therefor. For such elections the qualifications of voters as to residence is extended to ninety days. (Const., art. 18, sec. 2.) The statute requires the petition for removal to be signed by legal voters, and the signers must be legal voters at general elections. Of course, the legislature could not have intended to annul any provisions of the…
1Opinion of the CourtSullivan, J.
This is an appeal from a decision of the district court of Fremont county — from an order or judgment submitting to the legal voters of said county the question whether the county seat of said county should be removed from St. Anthony to Rexburg. It appears from the record: That a petition for the removal of said county seat, containing two thousand three hundred and forty-two signatures, was duly filed in the office of the clerk of said district court in and for said county, as provided by section 106 of an act of the legislature providing for the holding of general and special elections,…
2Cited by15 opinions
- Halgren v. Welling, SEC. of StateUtah Supreme Court · 1936
- State ex rel. Lang v. FurnishMontana Supreme Court · 1913
- In Re Nomination Paper of NaderSupreme Court of Pennsylvania · 2004
- Kerley v. WetherellIdaho Supreme Court · 1939
- Jaycox v. VarnumIdaho Supreme Court · 1924
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