Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-05-01
POWERS OF THE COUNTY BOARD
Ngnificace Of the Law as Applied
10 the Miner Tract.

Section S Of the Political Code Of Ida
no reads;
The board Of county commissioners oi
the several counties II the state shall
have power 10 create new districts from
orEaniz6d territory or from old dis
tricts % change the boundaries Of any
districts heretofore established or %
attach % one or more districts tie
territory included within the boundaries
81 any district which shsl laps by rea-
son ~ failure % comply with the pro-
visions % the title. tfoviied that no
district shah be formed from any ter
ritory on the boundaries Of any diatret
be changed 10 ans other time tsan az
the regIliar spfiimeeiiBgs Of the Board
nor at auy time unless petition ior
such new district or change Of boundaf-
ics Is filed Ia The Office u the County
Superintendent On or before che 10Th
dny Of ihe preceding month,
Now let the Significance Of this law
be considered as 4 applies 10 the Miner
tract ia Lincoln county.
There arr now living on the first seq
regntion Of the Twin Falls North Side
tract known as the Miner tract, some
thirty or more children Of school age
and no school district Is organized on
the tract. Other families are liable 10
move on to the tract from time 10 time /
during the year.
In order that the Board Of County /
Commissioners could act IN the matter
AZ the regular April meeting. a petition
for new district must have been on !
file Ia the office Of the County Superin-
tendent on or before March 18th. Such
a petition was not on file and the Board 4
had no information or authority on
which TO act.
Now according TO literal interpreta-
ton of the Law the Board can take no
action in the matter till the next regular
meeting in April. 1909. Notwithstanding
the fact that the most urgent necessity
exists for ono or more schools on the
tract by fall or winter.
II can hardly be presumed that the
legislature intended 10 deprive a popu-
ious tract Of school privileges for a
whole year. The rapid settling up Of
a newly.opened irrigation tract or pro-
jeet was evidently a condition UNI
dreamed Of when the law in question
was passed. Some technicality Of the
law must be overcome 10 meet the ex-
igcneiea Of the case
The board Of county commissioners
has adjourned. bat Willingly or unwit.
tingly, they have done so with saving {
grace The last paragraph Of the com J
fnissiouers' proceedings for the April
session reads.
"Wbcreupon the board adjourned
this regular April session to May s,
1898
The county attorney has ruled that
the board. IN adjourning the regular
April meeting to May 9. has carried the {
regular April meeting over into May, i
and this matter Of creating one or more Z
new school districts in the Miner tract
can legally come before the board at
the May session. Now comes the tech
niealiiy that must be overcome or cir
cnmvsnted- The petition for new
school district was not filed in the time
time prescribed by law.
But there is still time Ia which to SO
sure such petition and have il on file d
and approved By the county superin- v
lendent before the board meets IN May. b
Such apctition would be in harmony with a
he spirit OF the law and only slightly q
n violation Of the letter But il is the D
'pirit that gives HE while the letter y
destroys y
The board Of county commissioners
5 composed Of just and honorable men
Who desire 10 do the very best for the
.eopio Of Lincoln county that il is pos =.
iblc for them 20 do And it is reason n
ble TO assume that IN this matter of 4,
ew school districts for the newly irri- a,
afed tracts the members Of the board In
.ill act for the best interests Of all com OF
srncd Oh
Il is now up 70 the people Of the Miner NJ
act tf secure the necessary petition I"
once and iile it u the office Of the - -
iunty superintendent Of schools before a.,
ls meeting Of the board ia May.