Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1893-09-09
THE ALrunAs BOND CASE.
Our Old Mother on the Ragged Edg,
of Despair.

of Despair.
The case Of the Saving & Loan
Society, a corporation. complain
ants, VS.. The County of Alturas, e;
al, defendants, has been decided by
United States Judge William h.
Gilbert, of Portland, in favor Of the
defendants.
The case grew out of the division
of Alturas county and suit was
brought TO force the payment Of in
terest on the old Alturas county
bonds.
When Alturas county was di-
vided there was a bonded indebted
ness of 100000, which the Legis.
lature apportioned between new Al
turas and the other counties, Logan,
Gilmore and Bingham on q basis OF
the assessment of 1888.
Altnras was dissatisfied with the division and con
tested the Law the decision uphoding the measure IN
question Since the decision Allurss county has been
dissatisfied with the superintendent and refused Il
take steps 10 adjust the portion Of the debt
paid by the respective sections OF the divided count,
although the other counties willing abide rs
the superintendent and al nstmsut made hy thu
Legislature ard appointed experts under the Law
who b meet an aeeountailant TO he appointss
by Altnras and adjust the debt Aturas refused Il
appoint an adiuster OF 10 IN any manner recoguiks
the right OF the Legislature 10 adjust the debt Il
had done
The intere-, on the bonds hecomlng due Logan
county rendered AiturAs $40 80 for her share. mi
vas accepted by Alsuras and paid the interest
Elmore and bingham raised by tax their portion q
this interest but refused to pay 4 over TO Aituras
county until the latter complied with the iaw.
ThltS the matter rested until the
due and unpaid reached about s4o,OO0 when III,
bond holders the complanahts brought suit IL
equity in the United States Circuit court In which
suit they sought to have the court make q nex al
justinent 81 the indebtedness u old Alturas and Al
superintendent different from the one made hy In,
Legislature and more favorable To Aituras as il nou
exists They also wanted 20 force the new counti,,
/ o. pay the interest the bonds direct 10 them in
stead Of II frst going through the hands OF Alturas
In this suit Texas Angel represented the complain
ants and Alturas was representa- by George ~ Par
sous, y. NJ Ruick. X. r. Butler r. T. Ensign and A.
/ " Nomination.
Dcmurrers we're flied on behalf of Logan and n
more counties by Seldom u. kingsbury and Il z
johnson, and on beh,h Of Bingham by Attorney
/ Bcal. OF Blackfoot The real contest vas hetNeaf
the eomplainants and Alturas on the one side. and
| Logan, Elmore and Bingham on the other, The po
sition taken by the demurrers was that suit IL
/ equity would not lie. that the Legislature had full
power both to divide the county and to adjust the
/ debt in this manner followed
| United States Judge Beatty having "a a member Of
the Legislature and a. All attorney, been intert
for Altnrss county, refused 20 act Judge Ia tho
case and the cause submitted TO Judge Gilbert
who sustained the demuTr"rs the ground that
there was no equity In the bill as shown by It's aver
ments and that Il was competent for the Legislature
when IL divided the county 10 make an apportion
ment OF the Indebtedness OF the old county and that
rs long as Altnras able 10 Jay this indebtedness.
the bondhoders must look ia the first instance Ill.
rocy to II leaving Alturas collect from the other
counties under the Law. The demurrer went directly
tn the merits OF the and the decision practically
disposes Of the matter far the lower court Il
I concerned
II will be remembered Alturas county attempted
during the last Legislature 10 have enacted q Law
providing substantially for the thing Judge Gil
belt reused to grant. Boise Statesman.