The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1898-02-12

amount OF revenue levied for the year
1884, and then deduct therefrom all
debts for which the country was liable
That year, the expenses already paid
ana estimate the balance to be paid
Tor the year, and If sufficient balance
were left to cover the proposed con.
tract they might have made it. If
urged that the probable expenses for
the balance Of the year could not be
safely determined it may he answered
that they may be approximately by
those already known, or by those for
like periods of prior years, but to dis.
regard them would open the avenue to
contraction of debts, for the payment
OF which there would be no funds
However the constitutional provisions
exists and doubt may be removed by
compliance with its direction TO sub
NIT to vote of the people. The esti-
mate which the parties should have
made will now be made for them"
The opinion then shows the revenue
of the county in that year was $685.
820.74. The fixed charges were $50, 1900.
30, and the ordinary expense 1921, 800,
making a total of 1852 ,3904O, being on
ly S4525.66 less than the revenue. Con.
tinuing the Judge says:
"As the contract is not such as is
susceptible of such division that plain
tiff can haYe the benefit of the possible
margin of S452566 Hedges VS.. Dixon
$50 .. s., 1881 it must be held as made
in violation of the constitution; was
therefore, without authority and is alb
solutely void.
ut may be added that the board
seems not to have followed very close
ly the provisions of the general stat.
ute governing such contracts, but it is
deemed unnecessary to enter into any
discussion upon this question.
"2. Plaintiffs counsel further say
that if the contract was not author
lied, yet as the defendant made it, as
the bridges were constructed in pursu-
ance Of it, as there was no fraud in the
transaction and as defendant accepted
the bridges, and has since had the
benefit thereof, 1t must pay for them
their fair value as upon an implied
contract, and as in support of this
view cite, among other authorities,
Pacific Bridge Co. vs.. Clackamas coun-
ty, As Fed, 2lS; Barber Asphalt Paw
ing Co. vs.. Harrisburg, "a Fed. 283;
Hitchcock vs.. Galveston, 81 U. s., $50,
and Norton VS.. Shelby Co., 1lS U. s.,
425.
IF such is the law it follows that
this constitutional provision is utterly
useless-in open defiance of it reckless
officials could burden the people with
bankruptcy. Surely the fundamental
law of the state cannot be so easily
overthrow. win the authorities cited
be found, upon careful examination,
to sustain Counsel's views? By such
examination it will be found there
was reason in each case why the con.
tract was not absolutely ultra wires;
that, while there was authority for
making, only some irregularity occurr-
ed in the mode OF compliance or pay.
ment. Payment has also been enforced
when there was authority for the con-
tract in the absence of any direct pro-
hibition of it.
unafaDdoptJs oorp,oJ IN tho;, h.;oR
say that the bridges remain as they
have always been the property of
plaintiff With that view the court
agrees and now so holds.
Certainly this conclusion is hard
ship upon plaintiff, which the court
regrets, for it appears that the bridges
were honestly constructed and at a
fair price, plaintiff says below cost.
While courts prefer enforcing contracts
when honestly made and complied
with and to require all parties
to pay for what they have
the benefit of, yet. they cannot and
should not disregard such positive con-
stitutional prohibitions as warned the
parties in this case against the con-
summation of this contract.
Unfortunately there is so much ar
dor in the commercial world to trans
act business that the heed which
should be given the law is Obscured by
the enticing profits of business trans
action.
important constitutional provisions
for the protection of the people, and
there is none upon the statute books of
Idaho more important than the one
in question, muse be enforced, and
fhaca vim ara On haedlaSs M tO viOIora