Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1894-02-10
I,aportarat Decisions.

/ The supreme court of the state, last
Monday, handed down some impor
tant decisions which will be Of inter.
est to, il they do not directly affect
every county in the state
| One Of them is against the commits
sioners of Idaho county, in which it
is alleged they allowed illegal fees.
This case went up on appeal to the
supreme court from Judge Nugent's
court, the district court Judge holding
that the section of the revised statutes,
under which the actlon was brought
was unconstitutional. The supreme
court says of the same section sit
is not in conflict with the constitution,
and does not violate the constitutional
provision which requires an indict-
ment and trial By jury in criminal
cases"
Another decision was on an appeal
from Logan county:
Miller is taxpayer of Logan coun-
ty and he appealed from the action Of
the commissioners in employing 81. S.
Hampton TO be their counsel. A con-
tract was entered into whereby Mr..
Hampton was to receive 81, 1000 a year
for period of two years as the
boards legal adviser and to receive
additional compensation for special
cases. The lower court held the con
tract was illegal and void. The su-
preme court upholds this decision,
holding the action of the commission
ers, contrary to the constitution, estab-
lished new Office. The decision is
in part as follows
"While we recognize the right Of
the board of county commissioners as
expressed In the constitution, to en-
ploy counsel when necessary, we do
not assent to the construction of that
provision claimed by the beard of
Logan county that it gives to the
boards unbridled license to establish
a new office, and to devolve upon an
officer unknown to the constitution
and the statutes the functions and
duties which the law has already af-
fixed to another officer or office. The
board of county commissioners may,
when the necessity exists, employ
counsel; but the necessity must be
apparent, and the action of the board
in each case is subject to review by
the courts. To hold otherwise would
be to leave the taxpayers of the state
at the mercy of the boards of county
commissioners without remedy"
In the case of A. J. Dunn VS.. the
State Wagon Road Commissioners
The decision is against the COM
missioner and annuls the contract en-
tered into with Thomas Payne to con-
struct that portion of the road between
the mouth of St Marie's river and
Wallace for $16,s50, notwithstanding
the contract contained a provision
that work on the road should not be
commenced until a survey OF the
route be made and accepted by the
board.
The court holds that the action of
the commissioners in entering into a
contract for the building of portion
of the state wagon road without the
survey of that portion having been
completed, was without the authority
of law and such contract is illegal and
void.
The decision was orally by Justice
Morgan, who announced he would
shortly file written epinlon in the
case. The matter being OF great I'M
portance, demanded an immediate de-
cision, and there had not been suffi-
cient time since the case was argued
to prepare written opinion.
This action will necessitate the hold
ing of a special meeting of the COM
missioners.