107 P. 491 | Idaho | 1910
— On Jan. 9, 1909, the respondent, as clerk of the district court and ex officio auditor and recorder in and for Boise county, made application to the board of county commissioners of said county “for additional clerical assistance, asking you, that I be empowered to appoint a transcribing 'clerk, said clerk to receive such remuneration as may
From this decision of the board the respondent appealed to the district court. Before trial in the district court the prosecuting attorney of said county filed a motion to compel the plaintiff to elect as to which one of the two applications he would rely upon, to wit, the one filed Jan. 9, 1909, or the one filed July 10, 1909. This motion was denied by the trial court and the county commissioners filed an answer which in substance denied the necessity for allowing assistance to the respondent. The cause came on for trial in the district court and findings and judgment were entered in favor of the respondent.
The court found that the respondent made application to the board of county commissioners of said county at their January meeting, 1909, in accordance with law, and that said application was denied by the board on July 16, 1909; that the business of the office of the clerk of the district court and
“Wherefore, by reason of the law and findings aforesaid, it is ordered, adjudged and decreed that the said order denying the said application of the clerk of the district court and ex officio auditor and recorder of Boise county, Idaho, made by the defendant board be set aside, and that said board authorize the said clerk of the district court and ex officio auditor and recorder of Boise county, Idaho, to employ one additional deputy, and that the said board fix a reasonable compensation for said deputy to be paid quarterly in the same manner as the salaries of the county officers are paid.”
From this judgment the board of county commissioners appeal, upon the judgment-roll alone. The evidence taken in the district court is not presented to this court, and we are not advised as to the necessity for such assistance as shown by the evidence.
The prosecuting attorney urges four different reasons for a reversal of the judgment: First, contending that the district court had no jurisdiction to enter judgment allowing the respondent a deputy, because the respondent in his application asked for “clerical assistance; second, that the findings of the court are defective because there is no finding as to the necessity for clerical assistance; third, that the judgment is defective because the findings and judgment are incorporated in the same document or paper and are not on separate pieces of paper; fourth, that the court erred in overruling the motion to elect.
We will consider these reasons in the reverse order to the-assignment. An examination of the record does not show that the plaintiff made two separate applications. There was but one application, to wit, the one filed on Jan. 9th. The paper-filed on July 10th was merely an argument presenting reasons why the application should be granted. There was no effort to comply with the statute in making what appellant calls the second application; no notice was given that the same would
The first contention, that the court had no jurisdiction to ■enter judgment allowing respondent a deputy, is based upon the claim that the respondent in his application asked for “clerical assistance”; and the board or court could not go beyond the application, that is, could only grant “clerical assistance.” The district court tried this case upon the application and the answer of the board wherein they put in issue the necessity for such assistance, and upon the evidence determined that the respondent should be authorized by the board to appoint a deputy. It no doubt appeared to the trial court that whatever assistance was allowed, the respondent should be authorized in such a way that an undertaking should be re
It would be a very narrow and technical construction to say that where an officer applied for help in his office, in order to serve the public and perform the duties of such office, the board could only give him the assistance in the technical sense in which he had described the same in his application, although the. board after examining the conditions prevailing in the office deemed it for the public good that the assistance granted should have an official designation as deputy and be placed under bonds to insure his official duties, when such officer had only asked for a scrivener in writing the records of such office. This contention of appellant is too narrow and technical to receive our approval. We assume in this case that the evidence introduced in the trial court showed that a necessity existed, and because of such fact the trial court decided that the county commissioners should authorize the respondent to employ a deputy as assistant in his office who should give a bond for the protection of the public.
The judgment is affirmed. Costs awarded to respondent.