Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1912-06-14
CLEARING THE WAY
FOR GOOD ROADS

The suits growing out Of the
ShoshoneH-ighway contentious nave
been settled by The supreme court
as briefly mentioned last week.
This result quiets the bond issue
title and gives the county seat dis
trict free hand to build its roads
according TO the new law.
The eligibility of Fred w. Good
ing to hold the position as Road
Commissioner in the district was
attacked on the ground that as a
member of the State Senate which
created the Road District law Mr..
GOoding could not legally hold any
office created by that Legislature.
The charge was brought in the
interest of the smallest kind of
petty partisan politics by the
smallest kind Of a petty politician
to b. found in Lincoln County. The
supreme court handed down its de-
cision in the Gooding case Thurs
day. holding Senator GOOding eligi-
Bile. The court holds that the
Legislature cd not create the Of
flee Of Highway COMMISSIONER. 1t
only created the law by which
the people OF the district were au-
thOrized to create the highway
district and by it the office of
conn issOner.
Sad to say that small politicians
cannot be made to pay the costs,
which must be saddled upon the
county.
Chief Justice Stewart, who wrote
the opinion in the case establish
ing the validity Of the bonds, eX-
plains that the ShOshOne Highway
District brought the action in the
district court for the purpose of
securing a writ Of mandate COM
handing Harry w. Anderson as
secretary OF the district TO de-
liver bonds in the sum of $4,000
to the treasurer Of the district,
and to file the treasurer's receipt
therefor.
Organized Under New Law
The ShOshone Highway District
was organized under the .provis-
ions of an act approved March 8,
1911, according to Chief Justice
Stewart, and later the district au-
thorized the issuance of bonds to
the amount of $4,000 under
a resolution passed by The highway
board
The principal contentious set
fortL in the appeal in opposition
to the order of the Highway Com
missioners was that the Highway
District law was unconstitutional;
that its provisions were not COM
piled with in that no registration
of voters was had prior to the
bond election, and that the bond |
issue is void for the reason that |
one of the commissioners, Fred W.
was disqualified for ap-
pointment as such commissioner.
Answering these claims and de-
filming the grounds upon which the
judgment Of the lower court is
the supreme court says,
in its syllabus of the decision
proper:
1.-THE title Of the act of March
s, i9ii, session laws, page t21,
embraces but one subject, tO-wit,
and government of
highway districts, and matters ger
name, connected with, and relat-
ing to, the general subject of or
ganization and government of high
way districts, an in no way con-
.ravanes the provisions of article
3, section IS, of the constitution.
That p ion OF he title wherein
It is ~. ICED FIR the organization
and GO ornmeu of highway dis
ricls and for the apportionment
municipalities, does not des-
gnale tTo different subjects, as
he appOrtiOnment among munlcl-
of the fund collected from
,axailon made by the organized
highway district is directly ger
name and connected with the sub
ect of government Of highway dis
.ricts
A Special Municipality.
"a highway district, such as in-
ended by the act in question, is
rot a political municipality, such
IS a city, town or village, but is a
created for a special I
purpose, and is made taxing dis
riot, of territory to be organized
lnder the provisions Of said act, ;
md is created for the purpose of
assessing the property within a
district for the sole purpose of
highways within the
natter within the province of the