Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1898-10-14
Judge Piper AffirmS the AC-
ton of the County Com
miSSiOners

ton Of the County Com
missioners.
FINDINGS OF FACT.
In the District Court OF the Second
Judicial District of the State of
Idaho, in and for the County of
Idaho.
j. NJ. Wolbert, Appellant, VS..
Board of County Commissioners of
idaho County, Respondent.
This cause having come on regu-
larly to be heard in open court on
the 18th day of July, A. d. 1898.
and the appellant appearing by his
attorneys, James Woodward and
J. +. Ailshie, and the respondent,
the Board of County Commission
ers Of Idaho County, appearing by
Clay McNamee, District Attorney
of the Second Judicial District of
the State of Idaho, and A. f. Par
ker, respondent in interest, APP
pearing in person and by his at
torneys Forney, Smith Il Moore.
aud the court having heard and
considered all the evidence pro-
duced by the appellant and respond
ent, and having considered the
same now finds the following facts:
First.-That between the LIST
day of May and the 10Th day of
October 1897, the respondent Par
ker executed for and on behalf of
: Idaho County, State of Idaho, r
tain printing and stationery work,
which said printing and stationery
, work is reasonably worth the sum
of s64 so.
Second.-That prior to the said
18th day of October 1897, the said
+. A. f. Parker had filed with the
Clerk of the Board of County
Commissioners of Idaho County.
in manner and form required by
: law, his claim for said printing and
stationery work executed by him
!, as aforesaid in the sum of 500. 90,
and that upon the 10th day of Oc-
tober 1897. the said Board of
County Commissioners of Idaho
County approved said claim in the
S sum of s64. so, and ordered IA war;
, rant drawn therefor upon the
treasurer of the said county of
G Idaho in payment thereof, and
) that said claim is just and lawful
and is authorized by law.
Third-That on the 10th day of
< April, A. d. 1897, the Board of
County Commissioners of idaho
County attempted to enter into a
. written contract with the APP
pellant J. M. Wolbert for printing
and stationery work to be executed
for or and on behalfofthe said Idaho
county for the term of two years
from and after the said 10th day of
, April 1897, and that at that time,
to-wit; the 10th day of April, 1897,
S the said J. NJ. Wolbert had no ia
t %cilities for executing the printing
q and stationery work mentioned
aud referred to in said contract:
and that no time since the said
10Th day of April 1897 has the APP
S pellant J. M. Wolbert had or pos
d sessed facilities for executing said
+ printing and stationery work. and
that the appellant j. M. Wolbert
. has at various and divers times
since the said 10Th day of April
. 1897, had county printing and sta
tionery work, to be performed by him
under said pretended contract,
executed and performed without
the said county of Idaho, and that
! at all times since the said 10Th day
s of April 1897. there have been and
now are situated in the County OF
Idaho, State of Idaho, proper and
= practicable facilities for executing
= all the county printing, binding
u and stationery work required by
l.. the said County of Idaho; that
IS there is no want of proper facilities
to execute said printing, binding
!, and stationery work required by
the said County of idaho, within
Is the said County of Idaho. State of
Idaho, and that said contract is
wholly and entirely void.
Fourth .-That said appeal is TIA
,. ken wholly and entirely in the in
as terest of the county and the peo-