The Holt County sentinel., 1911-06-16
Court. and was ready to advertise for

Court. and was ready to advertise for
bids for the work.
On June 5th. when the Court met
for the June adjourned session Of the
May term OF Court. Messrs. Dear.
mont, Stubbs and Minton. attorneys
residing at Mound City. and dele
gation OF the prominent business
men of Mound City, appeared before
the Court and requested the Court
TO rescind the orders 1t had made:
and the attorneys, In their argument
TO the Court, attempted to show the
Court that its action had been Illegal.
No argument was made In support Of
the legality OF the proposition. as
there was no one before the Court
except those who were opposing the
improvement. The people Of Oregon
had taken no part In securing the
making Of the order by the Court,
and felt that they were not called
upon to defend the action the Court
had taken.
The Court took no action at the
time upon the suggestions Of the
people Of Mound City, but called up.
on Judge Alkire. the Prosecuting At
torney. for an opinion as to the lie.
gality Of the action taken by It, and
adjourned to Tuesday, June 18th.
Judge Alkire looked the matter up
carefully, and rendered the Court an
elaborate opinion In which he went
over the statutes bearing upon the
question, and the decisions of the
Courts, a. thoroughly as could he
done and keep his opinion Of reason.
able length. In closing his opinion
he summed up the matter In the fol-
lowing words: at would seem from
this decision. II I correctly interpret
II, that your Honorable body has jur.
isdiction to set aside for that pur.
pose altering, repairing or building
any county building, so much Of the
general revenue a. l. not needed To
pay the County's current expenses. -
lie followed thi, by pointing out to
Court that there was another meth.
I'd within the reach of the Court 10y
which the improvements could be-
made, and there he no possible aues.
ton ~ to it, legality. hi> conclusions
upon that feature of the law, being
a, follows: Tile Clerk of your Court
tells me, tina, there was IN the treas.
Try. about the time this order was
made. unexpcnded balances left over
from last years revenue. amounting
To about st:IOOo. and that all the
purposes for which the same lad
been levied and collected. had been
net and paid: and that there Vas an
uneXpended balance In the treasury
AT that time. Of $1,000 interest bc.
longing Ia the Internal Improvement
| Fund, which was subject Ia the
tour, : orders for any improvements
upon said Court House, and had In
fact. accumulated under provision
Of the law. which provides this fund
especially Tor such repairs and Inn
pro,ements. These several sums
taken together would exceed IN
amount the Courts appropriai Ion
for the Court House improvement
spoken Of, and II these sums were b!
your honorable body. 81, apart foi
said purpose. ] am OF the opinion
| that. under the statutes and the de-
cisions If this State. your action IN
that behalf would bc upheld 10y IL,
higher Courts Of the State"
When Court re.a>semblcd pursuant
To It's adjournment, The attorneys
from Mound CITY Nere on hand
again. supported a. before by dele
cat ion Of the leading citizens Of IA,
town. The Court took up the opin
ion of Judge Alkire and read It. Mr.
T. &. DUNCAN, the oldest practicinp
attorney at the bar of the County
and one Of the larges, taxpayers ~
the county. appeared before the
Court and asked permission to make
an argument In support Of the legal
ity Of the action taken by the Court
This request Of Mr., DUNCAN was re
fused. and without hearing any fur
ther arguments upon the question
the Court made the following order
Now q, this time comes u. 7. Alkire. PRISE
|