The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-03-15

VIA "i NAS III
property of the plaintiffs and other
taxable property within said county,
with the intent and purpose to expend
further large sums of honey SO de-
rived to make, construct, equip and
maintain race-track and race-course
to promote horse-racing and other
contests of speed, and other entertain
ments and amusements thereon, and
such purchases would not have been
made except for such purposes and
use and when so constructed and
equipped, to donate the use thereof to
an association of persons to be formed
and organized for the purpose, princi-
pally, of promoting and holding an
nually upon said grounds, or %oftener,
horse racing and other contests of
speed, and other shows, entertain
nlents and amusements for the profit
Of such persons or association, and
not for the purpose of holding a
county fair of the county of Missoula,
all in ~contravention of and in viola
ton Of article XIII of the constitu-
ton of the state of Montana; n the
plaintiffs further allege, that section
l of chapter 80 of the laws of the
Twelfth legislative assembly of the
state of Montana, of the year 1911, is
void as being in contravention of and
in violation of the said constitution
provision, viz: Article XIII of the
constitution aforesaid, n that he
said proposed purchase of said prem
ises as hereinbefore alleged is in vio-
lation of law and all acts of the said
board of county commissioners in re-,
lation thereto are void, out that IN
less restrained by an order of this
court the said defendants as such
board of county commissioners will
consummate said purchase and pay
out said money thereon, and will ex-
pend n pay out other n addi-
tional large sums of money in the i'm
provement of said tract of land for
the purpos hereinbefore mentioned,
all to the detriment, damage and ir-
reparable injury of these plaintiffs as
such taxpayers, for which they have
no speedy or adequate remedy at law.
Third Cause.
THAT the said defendant as such
board of county commissioners in de-
Gliding and determining upon the said
purchase of the aforesaid premises, as
aforesaid, did not advertise for bids
or offers for sites or locations, or for
offers of prices on the same, and did
not act in good faith with the
crs of the county of Missoula in that
they Wilfully and purposely failed and
refrained from taking into and giving
consideration to the known and ad-
United advantages and availability of
the so-called old Playground site Of
fered them for sale as to it's ad-
vantages, of location, nature of soil,
grounds, improvements thereon, trans
portation facilities, and the further
fact that the price at which the same
was offered and could and can be pur-
chased was and is approximately ac-
.cording to it's actual value $4,000 un-
der and below the price agreed to be
paid for the premises described +
paragraph 8 above: that the said ac-
ton Of the said defendants as such
board of county commissioners in Sc
lecting and determining upoa the
purchase of the said premises de.
scribed in paragraph 3 above was and
Is in derogation to the best interests
OF the taxpayers of the said county
and of these plaintiffs, and was in
fiuenced and induced by motives other
than securing the most suitable and
available ground for site for the
county Playground, and was an arbi-
trary determination to purchase the
said premises described in paragraph
3 above, without respect to it's fitness
or unfitness, advantages or disad-
Vantages. availability or suitableness
or unsuitableness for the purposes for
which the law authorized the pur-
chase thereof, and plaintiffs allege
upon information and belief that w
members of said board of county COM
m~isisoners, defendants above named,
have had such intent n purpose for
a long time past; that the premises
agreed to be purchased as aforesaid,
is not, as to location, transportation
facilities, nature and kind of soil, or
grounds either suitable or available
for a county Playground and is of COM
paratively small value. except for
town lot speculative purposes; that
said action aforesaid on the part Of
said defendants as such board OF
county commissioners is and works Il
fraud and injury upon the plaintiffs,
as taxpayers aforesaid, n upon all
taxpayers of Missoula county similar
ly situated, and will, unless restrained
by an order of this court, work an
.irreparable wrong and injury to these
plaintiffs: hat plaintiffs have no ade
nuate or speedy remedy at law"
Section of Article XIII Of the con-
stitution of Montana, referred to in
the complaint, reads as follows:
Neither the state. nor any county.
city, town. municipality. or other sub
division of the state shall yer give or
loan it's credit in aid of, or make any
donation or grant, by subsidy or other
wise, to any individual, association or
corporation. or become a subscriber
to, or a shareholder in, any company
or corporation, or a joint owner with
any person. company or corporation.
except as to such ownership as may
accrue to the state by operation or
provision of law"
Section l of Article xxx of the ses-
sion laws of the Twelfth legislative