The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-04-29
BOND IssUETURNED DOWN.
State Board win Not Recognize Domestic
Science Building Act.


Science Building Act.
When the state board issues its
call for bids for bonds authorized by
the last legislature it will not in.
clude the proposed Issue Of s12, 200
for domestic science school at the
state university. Attorney General
Guheen has given Governor Cooling
an opinion that the act is void be-
cause of the provision that part Of
the proceeds of the sale of lands and
timber set aside for university pur-
poses shall be applied to payment Of
interest aud the creation Of a sinking
fund. He holds that the proceeds
can only be used for the maintenance
Of the Institution. This was the
only bonding bill passed by the last
legislature containing such provision
and its enactment had in view a test
case. 1t is expected the university
regents will bring suit to compel the
state board to call for bids for these
bonds, which action will bring I'D
the entire question, says the Idaho
Statesman.
The attorney general, 10 his opin-
ion, after reciting the title Of the act,
which was known as house bill No.
l9s, says:
The said act authorizes a bond
issue OF s12,O 900 to provide for
domestic science building in conuec-
ton with the University of Idaho;
and for the purpose Of securing the
payment of said bonds and the
interest thereon, one-eight Of the
interest received on the proceeds of
the sale of all lands or timber
growing thereon, granted 10 the state
Of Idaho By the United States for the
purposes, support, aud maintenance
of state university By an act Of
congress entitled. An act to provide
for the admission of the state Of
Idaho into the Union, approved
July 3, 1890. Is set apart az dis
tiuct fund to be known ~ the Cni-
versity Of Idaho sinking fund.
1t Is my opinion that all interest
received from the investment Of the
proceeds of the sales Of lands aud
timber, az set ont in the act Of con
Rress referred to, should be used for
the current expenses Of maintaining
said university, aud it cannot be
used for the purpose Of paying state
bonds and the interest thereon.
whether such bonds are izsned for
the purpose Of providing buildings
for said university or otherwise. I
think the terms Of the grant to the
state contemplate the use Of this
Interest only for the support and
maintenance Of said university.
Under this view, there is no legal
provision made for the payment of
such bonds, as is required by section
] of article of the constitution, and
the act is void.''
The attorney general has also given
Treasurer Coffin an opinion relative
to house bill No. 1872, which ap.
propriated s25, 900 to pay a lot of
old university warrants and accrued
interest. He holds that the state
treasurer cannot issue the warrants
before the state board of examiners
passes on the claims. The warrants
were Issued In connection with the
bnilding Of the first university build. |
ings. A special taA levy was then |
to cover them, but there
we're numerous delinquencies and /
.hese, In connection with the defacla-
.on of the treasurer of Latah
county. In which the university Is
coated, created such q shortage IN
he special funds that the warrants
1ere never paid. J