The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-07-14
The FOrty-Five Per Cent. Fund.

/
/ A decision was rendered last Tuesday by Judge
Mcbride in reference to the Is per cent. fund
which is of some Importance. By courtesy of Mr..
W. B. Smith, District Clerk, we obtained copy
of the decision and publish the same in full.
The following is the statement of facts agreed
upon by the parties. Title of the cause William
Roberts VS.. James W. Wood, Treasurer of Boise
County. @N
The above named plaintiff, VIM. Roberts, is
now the owner and holder of Boise County war;
rants Nos. l91 and 1872 Ga copy of which were an
nexed.) The said county warrants were issued for
the purchase of the property known as the NJ. E.
Church and parsonage, as shown by the order of
the Board of County Commissioners of Boise Co.,
a copy of which is hereto annexed and made a
part hereof. That defendant, as County Treasure +
of Boise County, now holds in his possession the
sum of $1,000. set aside and belonging to the As
per cent. fund, being the fund upon which said
orders were drawn That the sum of $1,000 is less
than the rent of ,urt room, and the Clerks and
Sheriff's Offices would DE to the County for one
fiscal year. That Plaintiff has requested of said
James W. Wood, defendant, to appropriate sal d
money to the payment of his warrants, set forth
herein. That the said JAS. w. Wood has refused
SO to do, alleging that the Board of County
Commissioners had no authority to make an orr
der for the payment of rent of Court House and
offices, for the purchase of County buildings of
any kind, out of said As per cent. fund.
Plaintiff asks Judgment for a writ of mandamus
to compel said Jas. w. Wood to pay over said
sum of $1,000 on said County orders as herein set
forth.
A. e.
and Defendant, hereby agree upon the foregoing
as statement of facts.
JON AS w. BROWN, Attorney for Pl'ff.
J. w. WOOD, Defendant in person.
Idaho City, July 9th, 1866.
The following is the transcript of the record
referred to.
TERRITORY OF IDAHO, COUNTY OF BOISE:
The following appears of record in the proceed
ings of the Board of County Commissioners at
their session on May Sth, "A. D. 1866
The Board having again under consideration
the purchase of County Building, ratified the
action of-Mr. Brown in reference to the Church at
the lower end of Commercial street, thereupon
made the following order, viz:
That the sum of sixteen hundred dollars be and
the same Is hereby appropriated GU. of the first
money in the IS per cent. fund to paw for the
building, known as the M. E. Church, on Com
mercial street. the being the contract entered
into by Mr.. Brown under authority of an order
made April 4th, 1866 and that the District Attor-
ney is Hereby appointed to receive good and sufi.
Gent deed and papers therefor he to satisfy him
self, on behalf of the County as to title: and furth
er that upon his approval and filing of the neces-
sary papers with the Recorder and Auditor, he
the Recorder and Auditor, is empowered aud
directed TO draw warrants for said amount in the
manner prescribed above.
Certified to by H. +. Sayrs, County Clerk.
The foregoing statement coming on to he heard,
Judge Mcbride rendered the following decision:
'The only question in this case is, whether the
As per cent fand shall be used for the purchase of
a Court House. The statute says the fund shall
be for the current expenses of Court House &C.,
which might include repairs, but cannot mean the
rent or purchase of either Court House. Jail or
offices.
II the Board can buy they can build They
might thus swamp the whole fund which is in-
tended to pay current and not general expenses.
The fund is large but no barn can come of that, |
as it goes back into the volume of the General
fund, if any surplus remains.
The statute specially enumerates the purposes |
for which tue fund shall be used, towit: "Cur
rent expenses, lights, fuel, stationery, food and
clothing for prisoners The purpose from which
these warrants are drawn is different from any of /
those enumerated, and IS therefore excluded.
think the order in this case for paying the
purchase Of Court House out of the IS per cent
fund, Is without authority, and the Treasurer can.
not be compelled to pay it. The manGamus is
accordingly.
JOHN II. MCBRIDE, Judge.
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