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

under the contract price Of $1,000; thu
assessments against the property wer.
not collected and the whole transaction
Il looked upon ~ the public A. q fraud
The matter came up before the council
on the demand OF X. A. McCarty fol
the payment OF the balance OF the Flood
warrants outstanding. The council de
eided. BY unanimous yote. 10 seek iega
advice ~ 70 the legality Of the warrants
and ils duties in regard 10 the same
John u. G0pde WINS employed for $50 "a
advise the board In the matter and n
Wednesday evenings session the fol.
lowing opinion was submitted:
cGuR DiAIESE. IDA. Feb. 10, 1897.
Aessu. J. T.seott and y. J. Merriam,
Committee OF the Board Of Trustees,
Townof cgur d'Alene.
Gentlemen: Pursuant TO resolution
Of the board Of trustees. passed nj the
last meeting, directing you As q com.
mlttee 10 consult an attorney 10 regard
10 the legality OF what arc known M
the Flood Warrants, and the propriety
Of the board ordering a call for the pay.
ment Of the same. l beg leave 10 sub.
init the results Of an Investigation Of
the matter made By myself, NJ request
Cd BY Jon.
From an examination made Of the
minutes Of the board Of trustees, Il APP
pears that the warrants Ia question
were drawn 10 defray the expense Of
grading Lakeside Ave. and were issued
20 one y. Flood on the 7th day OF Iana.
airy, 1870. and In the following form;
TowS WARRANT.
No. IsL
The treasurer OF ceaur d'AIene viii
pay 10 y. Flood, OF order, the sum OF
one hundred dollars fos rund cotlFact
out Of road fund.
GSlgnedl JAMES GRAHAM.
Chairman.
Ily. PRANK w. BnADLRV,
Acig. Town Clerk aud Auditor.
CleTk and auditors osllre, town % Cnur
d'Aiene. Idaho, Jan. !, A. u. $50.
Tho following extracts from the min.
utes Of the board viii show the pro.
ecedinga Of the board had with reference
10 grading Lakeside avenue and defray.
Ing THE expenses attendant thereon:
Special meeting held Sept. ~. 1859. nm
ordinance Was passed providing Tor The
grading Of Lakeside avenue, mo other
record Of the ordinance 70 passed can
be found. than this mention OF IL In the
mlnuteaD
AZ = regular meeting held Oct 2. ISsa,
bids for grading Lakeside nvenae were
opened and the contract awarded to Mr.
Flood. AZ the same meeting u was
OTdEed that the property oWnen be
notified Of an assessment Of els on each
lcs Of all property included In ASSESS.
ment district on Lakeside avenue.
AZ a regular meeting held Dec. I. 1855.
Il was ordered that notice be Published
In the town paper aud upon Circular 10
be sent notifying property owners on
Lakeside avenue that strest grade ~.
seasmenls on that street would be de.
linqnent dirty days from date Of notice.
At The same nesting = motion was
carried allowing MT. Flood SION for
his work; slOO Of which was 10 be held
back until Mr. Flood had graded The
street up In the center.
The next regular meeting OF the
board At which action wAs.taken IN ne.
gard 10 the Flood contract was held
January Z. 1890. the dais upon which
The warrants were issued. Iaasmnch
~ several orders were made az this
meeting, which are more or less Incon.
sistent with each other, aud which pro.
vided for The issuance Of the warrants
whose legality IL now questioned, The
proceedings OF the board will be quoted
In full.
Adjourned regular meeting, Janu.
aMr. Flood presented himself asking
for money on hls contract"
-Mr. Reiniger moved that a road fund
be created and mOniea applied 10 said
fund "a may hereafter 6e provided.
Carried.
-Mr. CiaflIn moved that the clerk
notify the treasurer 10 set aside $50 10
be applied to road fund. Carried.
''Ciallln moved that the clerk draw
warrants on street fund NJ follows:
One, $50; one, ESQ; Elk, ei00. Carried
The warrants referred 10 IN the above
extracts constitute the Issue, known m
the Flood warrants, and their legality
or ilIegality Il TO be determined from
The facts rs above set forth aud the law
applicable thereto. rs no other material
steps appear TO hive been taken by the
board OF trustees IN regard 10 them.
The statement contained IN the min.
ntes Of the meeting % sept. q, 1850,
that "UndeF suspension Of rules an or.
70 provide for the grading Of
Lakeside avenue passed" 10 The only
record apparently In existence that such
an Ordinace was passed. What the
text OF u was must remain a matter OF
conjecture; but that Is perhaps unIm.
portant The question 70 be determined
Is whether or not the board OF trustees
acted within the scope Of the authority
conferred upon them by the legislature,
at The meeting Of January 7, 1870, when
they undertook 10 defray the expense
OF grading Lakeside avenue BY creating
a road fund In the manner indicated,
and draw warrants upon Il Cor street
grading. II Is observed however, that