The silver blade. (Rathdrum, Idaho) 1895-1903, 1895-07-13

OF county beard IN the matter of is
suing bonds, and should suffice to con-
vice the most skeptical that our board
are pursuing the right course. 1t al
so clearly explains the matter Of the
creation of a new debt:
1.-THE board of county commissioners were
and are without Jurisdiction to issue such
bonds, because no question relating to the
issue and sale OF such bonds was ever SUBJ
mitted to a vote of the electors of the county,
The constitution article 8, s 81 provides that
mo county shall incur any Indebtedness or
liability in any manner or for any purpose
exceeding in that year. the income and reve-
nue. provided for it for said year without the
assent of twO-thirds of the qualified cleo
tors thereof voting at an election to be held
for that purpose" This provision Of the con-
stltution is comprehensive and emphatic
Mr.. Justice Gray, in the case Of District Tp
v. Cummins II Sup. CT. 221, in considering
Similar provision in the constitution OF the
| state OF Iowa, which is as follows: s'No coun-
| ty or other political or municipal corporation
shall be allowed to become indebted in any
manner or for any purpose to an amount in
the aggregate exceeding five per centum of
the value of the taxable property within such
county or corporation etc.,-uses the fol-
lowing languages: THE prohibition extend
ing to debts contracted in any manner or for
any purpose. 1t matters not whether they are
In every sense new debts. or are debts con-
tracted to pay old ones, SO long as the aggre-
gate of all debts, old and new, outstanding at
one time, and on which the corporation is Ii
able to be sued, exceeds the constitutional
limit. The power of the legislature in this
respect being restricted and controlled by
the constitutions any statute which purpOrts
TO authorize municipal corporation to con-
tract debts in any manner or for any purpose
whatever in excess of the constitutional lin
1t is to that extent unconstitutional and
void" The court goes on to say: ssThe
treasurer is authorized to sell the new
bonds. and to apply the proceeds OF the sale
to the payment of the outstanding ones. 1t
is evident that if new bonds are issued with
out cancellation or surrender of the old
ones, the aggregate debt outstanding, and on
which the corporation is liable to be sued, is
at once and necessarily increased, and if new
bonds. equal in amount to the old ones, are
SO issued at one time, is doubled; and that it
Will remain at the increased amount until |
the proceeds OF the new bonds are applied to
the payment of the old ones, or until some of
the obligations are otherwise discharged It
is true that If the proceeds of the sale are |
used by the municipal officers, as directed by |
the statute. in paying Off the old debt. the ag- |
gregate Indebtedness will be ultimately re-
duced to The former limit; but it is none the |
less true that 1T has been increased in the in |
terval, and that. unless the officers do their |
duty, the increase will be permanent. 1t |
would be inconsistent alike with the words
ana with the object of the constitutional pro-
vision. framed to protect municipal CORPORA
tons from being loaded with debt beyond a
certain limit, to make their liability to he
charged with debts contracted beyond that
limit depend solely upon the discretion or
honesty Of their officers The provision of
our constitution is, in effect, that no county
shall incur any Indebtedness or liability. in
any manner or for any purpose, exceeding
In That year the income and revenue provid-
ed for 1T for such year, without the assent of
twO-thlrds of the qualified electors thereof
voting at an election to be held for that pur-
pose. This provision of the constitution is
positive and unequivocal, and the logic of
the court in District TIP v. Cummins supra.
Is unanswerable The provision forbids pos
ltlvely the mourning OF any indebtedness. in
any manner or for any purpose, exceedingin
tha1 year the income and revenue provided
for it. without the assent of two thirds of the
electors.
1t has been already pretty thorough
~ explained in these columns why
bonds OF the county should be issued.
and further comment is therefore
deemed unnecessary. It remains for
the DeODla IN cav whnthor 49, -