Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-04-29
IS HARRISON
INCORPORATED?
Test Legality of Organization as
Result of ''Dry" Town

"'O PioSeeuihsS De instituted Dy
the prosecuting attorney in the
courts for the purpose of testing the
legality of the Incorporation of the
village of Harrison was served upon
Prosecuting Attorney G. H. Potts yes
terday afternoon. The petition is
verified by Judge Edwin McBee in be-
half of the petitioner, who is a bar
Der in the town of Harrison, and is
signed by Judge Edwin McBee, and
A. A. Crane, of Harrison, as attor-
neys, and notice was served upon
Judge McBee this morning by the
prosecuting attorney, stating that he
had duly considered the petition and
that he declined to bring the action
because a proper showing had not
been made by the petition, and that
from the showing made there was no
reason to believe that the incorpora-
ton of the city is invalid, and that its
trustees are not acting in authority
of law. 1t seems that under the laws
of the state that the proceeding for
the testing of the Incorporation of a
village must be brought by the eoun-
ty attorney, and can not be brought
by any other citizen, and the next
move of the attorneys for the petit
toner will probably be to institute
mandamus proceedings to compel the
prosecuting attorney to comply with
the prayer of the petition.
What Petition Alleges.
The petition alleges that the VIII
lage of Harrison was Incorporated in
July, 1899, and that trustees were
named and qualified and that ever
since a pretended organization as an
incorporated village has been main
tanned; that ordinances have been
passed on various subjects, among
others one requiring an occupation
tax to be paid by the business men.
and that taxes have been levied on
real and personal property and col
lected.
1t is then alleged that the incor-
poration of the village is invalid and
void, because the petition to the
county commissioners, was not signed
by a majority of the taxable inhabi-
tants of the territory set forth in the
petition. and that it is void because
pfn 1axy -
the taxable inhabitants of the terri
tory sought to be included by the or
der of the commissioners within the
pretended corporte limits of the viii
lage. 1t is further alleged that the
commissioners had no authority to
make an order defining the boundar-
les to be different than those de.
scribed in the petition and that the
pretended description of the boul-
daries constitute an impossible de-
scription, and in fact does not con-
stitute the boundaries of any tract of
land, and that the pretended initial
point of the description might be one
of at least three different points on
Lake Occur d'Alene. The petition
concludes by praying that the prose-
cutting attorney bring an action to
test the legality of the Incorporation
of the village.
Result of Election Fight.
The petition is said to be a result
of a fight between the business men
OF Harrison, and what is termed the
church element in the last election.
The business men had a ticket in the
field but II did not meet with favor in
the eyes of the church people. anc II
went down In defeat. The business
men, it is said. have been groanig
under a heavy occupation tax, bar
bers being compelled to pay s. a
year for this purpose. and every man
contributing in proportion TO the bus
inees engaged in, and that Is one
reason why l desire to have the In
corporation declared illegal. All
members of the old council we're cleo
ed by the church people. but TO be
reelected were compelled to pledge
themselves individually to grant no
more licenses TO saloons and In car
rying out this election pledge q short
time back they declined to grant or
renew any more liquor Essences, and
declared the town dry" The bus
mess men. It Is said. are opposed to
this action as It Is eontended that in
view OF the fact that prohibition does
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