The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1897-02-20

BE- drawn upon the street fund. It'll
also 70 be observed that the CLERK drew
the warrants not as directed, but np0ri
q road fund. supposed to have been ere.
ated BY the adoption Of Mr.. Reinigeris
resolution.
This annual property road tar for
road pnFposes u Ievied BY kV board Of
county commissioners and when As.
sessed and collected g turned over "a
The county treasurer for uae Of Tie road
district from which II IL respectively
collected Rev. STAT. Idaho. Sec. $50
Ponds 70 defray The expense OF open.
Ing and grading streets are derived from
assessments levied By the board Of trns.
tees Of the Town upon the owners or oc.
cupants Of property adjoining the street
proposed 70 be opened or graded. ~
provided In See. ESQ. Rev. Stat, Idaho
The distinction between road funds
and funds for opening and grading
streets 10 thns clearly made By law and
Il not mere technical distinction be.
tween two words often used to express
. common meaning.
The board OF trustees OF towns and
villages 10 their legislative capacities
are the creations OF the state legislature
and derive their powers solely from that
source. The Law creating them defines
and limits their powers. and they have
none other than those enumerated, ex.
cept such as are necessarily incidental
TO the proper exercise Of the powers
granted them.
Sec. ESD Of the Rev. Stat, Idaho,
gives 70 the various boards, among
other powers, the power to open. grade
aud repair streets and at the same time
and In the same paragraph prescFibes
the manner In which the expense OF 20
doing shall be met: that Is, at the ex.
pense Of the owners or occupants OF the
adjacent lots. An attempt 70 create a
fund In any other manner than that 90
prescribed BY the ststate WIS beyond
the power OF the board and their action
was illegal and void.
In the case Of Wailaee W. Mayor, Of
San Jose, % Cal. rs. the court said:
THE common council were the agents
Of the corporation and their authority
was special and their power distinctly
circnmscribcd. The corporation could
not become bound by the contract UNI
les II was made by the mayor and
council In the exercise OF the power
delegated by the act OF incorporation,
and within lis limits. Ia dealing with
these officers tie plaintiff Was bound 10
know the extent OF their power. and TO
see that the condition, on which alone
Il coIld arise and snbslst had existence.
The fact that those officers assumed TO
make The contract. and thus bind the
corporation. did not create the prcsnmp.
ton that they possessed the power
which they attempted 10 exercise, for
no officer can acquire power or iurisdIc.
ton by the mere RsseEtiouof H."
Ia granting 10 the several boards
power 20 provide for The payment Of
town debts and expenses, the legislature,
In its wisdom has provided how that
power shall be exercised.
Sec. 2s13 provides that THE board Of
trustees have the power 20 appropriate
money and provide for the payment OF
the debts and expenses Of the town OF
tskttnsa as..A hs-..a
orders any account or demand 20 be
paid, IL money las been appropriated
Tor that purpose and not otherwise, the
clerk must draw q warrant upon the
amount ordered paid, which warrant
must be drawn on tie special or general
fund appropriated therefor, and be
signed 81 the chairman Of the board Of
trustees aud connteFSigned by the CLERK"
The records Of the board do not dis
Close why the assessment Of els against
each lot adjacent 10 Lakeside avenue
was not completed and a street fund
thereby created. against which warrants
could be legally drawn and Tie expense
Of grading the street provided for In
The manner prescribed BY law.
Flood. In accepting the warrants thus
drawn. stood charged with notice Of tie
fact that they were not issued In man.
Der authorized by Law. aud should have
refused 20 accept them In satisfaction
OF any claim he may have had under
his contract lie should have required
the board (by means OF a writ Of man.
damna. II necessary to complete the as
scssment against the adjacent property
on Lakeside avenue and thus create a
fund upon which warrants could be
legally drawn.
The notice with which Flood stood
charged follows tie warrants In the
hands OF his assignees or endorses, and
all defenses good against the warrants
In the hands Of Flood are good against
The present holders
While town warrant payable to
bearer or payable toorder and endorsed,
10 commercial paper In the hands OF a
bona fide indorsee OF transteree for val.
ne. TO the extent that they may be sued
upon by the lndorsee or transferee In
his own name, they are not negotiable
10 the extent that evidence touching
the legality Of their inception would be
excluded, or 10 the extent OF cutting out
defcnscs which would be good against
the original payee.
The supreme court Of California has
f.s....,as.Ot,. Aas.tA.a ea,.N ....a. .....-...s.