People ex rel. Rees v. Kadletz
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action in quo warranto. Judgment for defendant. The legislature has no constitutional right to delegate its powers to the state board of education. The law is fundamental on this point.
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APPEAL from the District Court of the Sixth Judicial District, for Lemhi County. Hon. F. J. Cowen, Judge. Action in quo warranto. Judgment for defendant. The legislature has no constitutional right to delegate its powers to the state board of education. The law is fundamental on this point. (6 R. C. L. 164, 165, and cases cited; 8 Cyc. 830-834, and cases therein cited.) There is much reputable authority holding that Mrs. 0 ’Brien was the duly elected official at the last election, even though receiving a minority vote, but the authorities are generally the other way in the United States. (15…
1Opinion of the CourtRice, J.
This is a proceeding in quo warranto brought for the purpose of ousting the respondent from the office of county superintendent of public instruction for Lemhi county, which it is alleged she holds without authority of law and which she wrongfully and unlawfully withholds from one Clara Diggles O’Brien. It is stipulated that the respondent was elected at the regular election held in Lemhi county, *700November 7, 1916, and that she had all the necessary qualifications to hold the office of county superintendent of public instruction in this state, provided she held the teacher’s certificate…
2Cited by1 opinion
- People v. BurnhamIdaho Supreme Court · 1922