Ackley v. Perrin
Idaho Supreme Court
ORIGINAL application by D. W. Acldey, warden, of the state penitentiary, to compel the defendant to deliver to plaintiff possession of the state penitentiary, together with the inmates thereof, the keys, books and property belonging thereto. file no brief. This is a proceeding to determine the right to exercise the office of warden of the state penitentiary.
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ORIGINAL application by D. W. Acldey, warden, of the state penitentiary, to compel the defendant to deliver to plaintiff possession of the state penitentiary, together with the inmates thereof, the keys, books and property belonging thereto. file no brief. This is a proceeding to determine the right to exercise the office of warden of the state penitentiary. Under the statute the warden shall be appointed by the board of state prison commissioners and holds his office during the pleasure of the board. (First Sess. Laws, p. 22, see. 4.) This board under the constitution, article 4, section 18,…
1Dissent
STOCKSLAGER, J.,
Dissenting. — I do not question the power of the board of prison commissioners to remove the warden of the penitentiary at a regular meeting of such board.
I also think it is beyond dispute that a majority of the board may remove the warden at either a regular or special meeting. The only serious question presented to us is the power of the Secretary of State and the attorney general to act in the absence of the governor, who is by law the president of the board, in the absence of any showing that an effort of any kind had been made to procure his presence. It is shown that the…
2Cases cited6 opinions
- School District v. BennettSupreme Court of Arkansas · 1889
- Burns v. ThompsonSupreme Court of Arkansas · 1897
- Schwanbeck v. People ex rel. SmithSupreme Court of Colorado · 1890
- School District No. 49 v. AdamsSupreme Court of Arkansas · 1901
- Schuerman v. ArizonaSupreme Court of the United States · 1902
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