American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1914-04-23
POWER COUNTY IS DRY
BY ORDER DISTRICT COURT
Full Text of Judge Budges Decision in the Case of the
Vllsge of American Falls Against w. A. West--Sus-
tains Contention of City and Continues Injunction

Judge Bulge handed down a decis-
ion Saturday in the case of the village
of American Falls against w. A. West,
and, as suggested in the last issue of
the Press, the decision is in favor of
the village This case has been watch
ed with great interest by all the people
of Power county, as well as by many
in other parts of the state. Because
of the general interest attaching to
this case, the full text of the decision
is given as follows:
We do not intend to enter upon a
lengthy discussion of the law of this
case, but briefly to state the conclu
sions we have reached, based upon
the evidence as we remember it.
This action was brought by the
Village of American Falls, municipal
corporation, as plaintiff, against W.
A West, defendant, to abate a nuis-
ance The defendant owns and oper-
ates a saloon located Immediately
west of the western boundary line of
the Village of American Falls, which
said western boundary line is the
thread of Snake river There is con-
struced over and across said Snake
river, bridge which is approximately
1000 feet n length. The only means of
reaching the village of American Falls
from the west and north side of Snake
river is over the bridge, one half of
which is within the corporate limits of
said village.
1t is contended by counsel for the
defendant that the village of Ameri-
can Falls cannot maintain this action.
Section 2236 of the Idaho Revised
Codes provides that: "Cities of the
second class and villages governed by
this title shall be bodies corporate
and polite, and may sue and be sued /;
contract or be contracted with; ac-
quire, hold and convey property, real
and personal" Under the above stat
ute, in our opinion, this action may
be maintained by the Village of Am
erican Falls, and said village stands
upon the same footing in the prosecu-
ton of this suit as would an ordinary
individual property owner.
Section S93 of the Idaho revised
codes provides that each Incorporate
ed city, town or village in this state
constitutes a separate road district
under this title, ana the city council
of each city, and the board of trustees
of each town or village, as Tar as re-
lates to their city town or village
have the powers conferred, and mus
perform the duties imposed, upon the
board of county commissioners of theil
respective counties by this chapter
Each city council and board of trus
tees must appoint a road overseer who
must, within such city, town or village
have the powers conferred, and per
form the duties imposed by this chap
ter"
The statute also authorizes and EN-
: powers cities and villages to proven
and remove all encroachments int
and upon all sidewalks, streets
- avenues and alleys, and it naturall,
foil VS. that said streets and alleys
as we'll as sidewalks must be KEEP
free from all distractions and in
safe condition for public travel.
It is not disputed In this case tha
the bridge in question is the onl
means whereby teams, automobiles
vehicles of various kinds and pedes
trians are able to cross and recross
: from the west side of Snake river
I the village of American Falls, and
so doing that they must necessaril
u pass Immediately in front Of the saloo
of the defendant. One half of tn
bridge that crosses Snake river
within the corporate limits of the vi
II llage of American Falls, and is und'
5, the absolute control and supervise
d OF said village of American Falls.
i In the case of the village of Sar
y Point VS.. Doyle, IL Idaho 642, the S
e preme court Of this state held that
W municipality is liable in damages for
ID failure upon it's part to keep open,
E. repair and free from Instructions q
is roads and bridges within the corpora
limits Of said municipality. Therefor