Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-02-06
EAST END MUST
PAY The DEBT
Annexed Portions Have
to Raise 100000
By Taxes

The supreme court has decided that
Ne1 Perez county must issue the war;
yants for the $50 900 due to Shoshone
county, which Is the pro rata debt of
the portion recently annexed to this
county, but that such warrants are EVIL
des1ce merely Of an Indebtedness that
the annexed portion owes to the old
1xxes levied against the property in
that section by the officers Of this
county.
Under this ruling the old section Of
Nez Perez county does not incur a sin
gle dollar Of the indebtedness of the
annexed portion Of Shoshone annexed
to this county. and must be paid out
Of the proceeds Of q special tax levied
by the county of ShoshOne. This
county then loses nothing by the an
nexation, but shares it, debt with the
residents OF the new section and gives
them an equivalent in their pro rata
share Of the county property. The
handed down by Justice Ailshie and is
eOncurred in by Supreme Justice
StOckslager, Justice Sullivan dissent
ing.
Annexed Territory Liable.
Justice Ailshie IN his opinion writes
NJ follows:
"The question presented for deter
the act Of March 10. 1903. known as
the annexation act, is In violation Of
the provisions Of section 3 Of article
XVIII OF the state constitution and
n not in violation thereof, whether or
not Nez Perez county as whole Is liza
bic for the propOrtiOnate part Of Sho-
Shone cOunty's indebtedness which has
been apportioned to the segregated ter
ritory. Section 8. article XVII Of the
constitution Ia as follows: No county
shall be divided unless a majority OF
the territory proposed to be cut OFF.
voting on the proposition at general
election. shall vote in favor OF such
division: Provided. that this section
shall not apply to the creation OF new
counties. No person shall vote at such
election who has not been 80 days a
resident OF the territory proposed to
be annexed. When any part Of a cOun-
ty Is stricken of and attached to anO-
Their county, the part stricken of shall
be held to pay Its ratable proportion
II all then existing liabilities Of the
county from which 1t Is taken.
1.-The decisive question in this case
II to determine the meaning Of that
portion Of section 8 Of article XVIII. OF
the constitution which reads as fol.
lows: When any part Of a county IL
stricken OF and attached to another
county, the part stricken of shall bs
uCIu " pay ITO IdtdUlC RIOROIltOu VI
m then existing liabilities Of the coun.
" from which 1t Is taken 1t seem.
- me that this language IL too plair
and simple to either require or admi
u construction. It continues the liza
bi1ity of the detached territory for It,
yAtable proportion Of the debts of tn,
county from which It was taken. Tina
sers of the constitution and was clearl!
70 expressed by them,
1T IL an much q prohibition agains
the legislature imposing such indebt
edness on the cOuntysto which the de
tAched territory IL annexed as it
against leaving the entire indebtedness
70 be paid by the old county fror
express languages is that the par
stricken or shall be held to pay II
ratable proportion Of the existin
debts. The maxim expressio unius ei
exclusio alterius ID peculiarly applica
Die here. The constitution having sal
tory should pay certain portion
Indebtedness has thereby excluded an
exempted all other territory from pay
fng the same"
"Here follows . number of extract
nom similar cases In other states an
The opinion concludes AZ follows:
Msthod Of Collecting Tax.
On the manner N which the taxt
are to be levied and collected In II
annexed territory tor the payment
- warrants representing the indeb
o0ness, the opinion says: s. NJ
1T ID claimed by the defendant tn,
he legislature. by the foregoing pr
vision. have attempted to make Il
whole of Mes Perez county liable {,
ne Indebtedness which the constit,
don meant should be borne by the a
Dexed territory. There was no q
osmpt by this act to repeal any e,
6ting laws except such as might be
conflict with the act This act shou
therefore be read In connection wi
The Legislature by an act approve
March 8. 1895 (Sess. Laws 1895. ps.
and SOY, amended sections 36O5 al
sos Of the revised statutes, which pr
vided for the issuance OF fundil
and refunding bonds and for continu
dion of liability therefor by the who
territory included within the jurisdi
ton at the time Of the issuance OF I
bonds. (Here the two sections are q
1orth.)
TT may be said that the foregoi1
provisions apply especially to bond
indebtedness: but l do not think tn
can make any difference for the pu
debtedness must be paid and for tn
purpose revenue must be raised by Ia
alton. The record before US IL sile
~ to whether the indebtedness
warrant or bonded. but In view Of Q
constitutional and statutory restr
lions on counties and county indebte
ness, can scarcely imagine q coun
q this state a. having an outstandi
warrant indebtedness Of $366.373.
- reasonable to assume that this
bonded Indebtedness.
1T IL fair. and indeed. our duty,
presume that the legislature knew
the provisions and requirements
sections S606 and 3e06. supra, VIII
snacting house bill No. 123. for I
annexation Of the territory therein I
scribcd and passed the same with
Intention OF the provisions Of sect
3eo6 applying to the collection of Ia,
for the payment Of the pro rata pl
portion OF Indebtedness to be borne
ne detached territory. There 10 moi
ing In the act authorizing annexat
that u In conflict with section 81
wnp n that section In conflict In z