Show I AUDITOR IS SUSTAINED Idaho Supreme Court Decides Important Case PERTAINS TO NOMINEES Canyon County Official Refused to Accept Ac-cept Resignation From a Ticket After Timo Prescribed by Statute for Filing Haa Expired Effort Made to Show That Law Was Directory Di-rectory Not Mandatory Supremo Tribunal of State Holds That It Is Mandatory Sustains Auditor TRIBUNE SPECIAL Boise Ida Oct 23Tho Supreme court this evening decided a case brought before I It Involving the right of the Auditor of Canyon county to refuse to accept a resignation rom a ticket after the lime prescribed by statute for filing such resignations expired Tho court held the statute was mandatory and that the resignations resigna-tions could not be filed l There are two such cases In Canyon county from whence the cost come Ernest Boone Democratic nominee for Commissioner resigned and A K Wright for the Legislature was Ineligible In-eligible Their resignations were not tiled with the County Auditor thirty days before election as required by statute t The clerk refused to file them or to file the nominations made to fill the vacancies I The matter was brought to the Supreme Su-preme court on application for a writ of mandate to compel Auditor Meek to file the resignations and new nominations nomina-tions It being contended the law was directory not mandatory The Supreme court this evening decided de-cided to the contrary the Auditor being be-ing austalned This decision will dispose of a similar casii In I Elmore county where several Democratic candidates resigned afc a result of the factional strife there Their resignations were not tiled In time An application was filed with Judge Perky of the District court for a writ of niaudatcm but hohas iieid the matter In nboyance anticipating the bringing of the action from Canyon In the Supremo court I |