Show TVCh VM u lOX OUSTED I JinlRr Zilhle Ittilr rhnt tlir lrr cnt Iticul befit Iuol On Tndgo Znno aniioiiiiccd jc lcnlij tint ho would deliver his decision in the Auditor Treistircr ca es this morning and al thin opening of court lo dij there vvcro a number of interested persons preicnt the most nervous of whom wo Imagine a Trcismcr lack himself I had been whispered around among several sev-eral cf the law ors who had carefully of the tint watchcl tic progress tlo rise Ihero was positlvolv no hopo whatever for the preoent Incumbents and doubtless a fragment of tins news hid already icielied the oars oftliu dc I osod ollicnls 1 Ilia Honor had no written opinion mil delivered llio decision in his usual ijuicl niinncr having hav-ing recourse to tho vinous authorities and stalulcs referred to In the case The following U i hut a brief outline of lie do cision bill it covers Iho material t i points and f will servo lo glvo n very comprchcn I hivo idea of the grounds liken His miilcrBlood Hi it an appeil will ho liken ind there was Homo little tilk Indulged j itt pointing to u probable i appeal to tho Umle 1 MInIon Supremo Couri if ncres sary but this h I kcncrillj regarded as imprnctiiihle owing lo tho fact that thom mlirj of tho Auditor does not reich the minimum limit of > 000 fins is a pioccodlug under chapter I pico 2SJ of llio statutes of 1BS4 Tho palO lrst sectlOli of tie ptatuto describes tho race for llio vvrongH of winch section HI furnishes u remedy Tins elaltilo Ins chunked the form of plcidmg with ic spoc to right and wrongs hnt 110 change is Himplj rifhts and I Iho position of the lattice the rules of evidincc etc rein re-in nn as bcforo this Btitnla went into cf feet hi fict tInt slilnto is siibstitiliillv tho sale as in several other States liom tile uillionlijs I have real it up pears that the burden of proof ind die gallon as well is upon thin defendantin a proceeding of this eliintctei to show his procoodill clmclor title mil his legal right to office The iiichtioii l K us sprung bv the pondenl I I it dcmnrier 1 is lrl lr compfilnt t ill him race sufficient us against him in view of what has been cited llio complaint so far is it iclales to the dcfendint is stibstin tnllj in tho terms of the stabile niulsct forth that tho Auditor entered mill usurped the office m 1870 all Hldl con tinnes lo exorcise llio functions thereof In atty criminal ciso it is sufficient If llio oITciiso is described and thin dales mines all venue itt Iho indictment aro hIt thin terms of the stitntc Tin eoinpliint ic ids th it the defendant holds said oflicc without nutlionlj of 1 iw tlicicfor ind it is held that not having been ip pointed by the Governor and 1 mined by the legislative Connri the onlv lcd IIleatuSliu is still ii 1 in wrongful usiirpition I alit thinposeil to hiolil 1 that it is i sufficient on principle if tin respondent holds in appointment nnd it is not nccessiij todesinbo Hut appointment with nnj groit pirtieuliiitv beein It iq his dutj to show his uithor ilj Chic question is do the fuelo f silted in respondents ansvvci show that ho lots legal title to tins ollico to shown in this inswei his right depends on tho election which ho alleges occii red August 1st I 18SO I 1 f that < Itelion ww valid then thin comimHiou VMS vilid if the election isis inv llid then the commission com-mission was without tiilliontv Sectio lot thin Chlpter of tho Icrnlotiil Slituto nnddr which Hut election suns held provides vides tlul llio freasmcr and Auditoi shall bo elected bj qnihtlcl voters etc while the statutes of two veils hate Imoviilo for tIlt pleelion of those othctrs 1V I n joint votonf both Icvislalivo housesIt houses-It is insi lcd that if tins Ill is invalid that thom is no Biieh olheer ns Auditor ind Treasurer that it is impossible to hold that n portion of tho Milnte which iclalcs lo Iho clOne call exist without thin provision relating to his election Tins slaliito hid Iwo purposes m vlowtho establishment of tho olllics ind thin modo of selecting ollers tail 11 their Yuan thins tttlih duties The ruin is i tint where n piouiion of a htiluto tonsisling of several provisions essential to Iho parties and one of those irousions is invihd I all I ot tIle provisions t f YV iu fi fid becui it is to i bo issumed that tho I Legislature intended nil to stand together Clue oflieo of Andiloi is one thing and thoollietris mother The olllco contm ties while lice officers come all go CIte olllco may ho established without proud ing for the modo of filling itit may bo niled < by nnj one among n number of methods all legal enough lain dnjioocd to hold that thebU provisions pro-visions are so separate uul distinct that tho law nvu bo held invalid so far tin it relates to tho modo of fllling tint oflieo and remains v did so far as i establishes the oflieo The Legislature has approved I this idea i hI their acts changing tho modo < of electing thcso ofllecrs The question therefoio comes at last is to whether this law of 1878 uul the statute of 1852 are valid The tire valid i tho legislituro had power to enact them llieir warrant is found in tho Organic Act but from n reference to tho Congressional lnvo touching this point i would seem that the iassino of these hairs was without uithorilj bo cause li > the 7th Bcctionof the Organic Act the iippoinling of tile olhccrs Is giveii c the Governor J liy and with lice consent of thIn legislative Council llio point is advanced that Congress has ic mncsccd I in this Territorial statute mil 1 lint the Legislature had aided it Non thai boh had nonnthoritv on inallv to pass tho laws and therefore eonld not possiblj hive louver to ratify them J is said that it Is the dutj of file lx0isl hire to report now laws to CoiiLrous nnd Congress niay i > provo but tho approval 1 of C oneress is not esseii lial to the vathihity of f l the cSi hw I thin law Is In conllict with thu Organic Act it beeomes invalid without city such disapproval In Idaho tho Ie0isiatnio pissed u law and Iho Supreme Comt ruled thai it was Invalid on ice suno tiouiilH ns mo her ndvanicd < I urn of tho opinion that this jusliflti lion of icspondcnt i < ehows no right ill I him to hold this ollleo i it is elearlj inv in-v of Iho Org uile Act That being I tot the leiniti ncr to Iho complaint Is overruled mid tho motion for judgment is allowed file dec ision tlIIcctil thin treasurer us well UH the Auditor ns both races wtio I eonsideied jointlj mi 1 Jud o Xtile un I nouiiecd thai ho would hear llio aru mOlts In regard to tlio claims of tho hiS < ornorH npjiomtei nt 2 tlock |