The daily star-mirror. (Moscow, Idaho) 1911-1939, 1915-09-23
FAIR DONATIONS
DECLARED ILLEGAL
JUDGE STEELE HANDS DOWN
DOWN DECISION AT GRANGE
VILE
Is in Violation of the Constitution
And Suggests Issues be Taken to
The Supreme Court

| GRANGEVILLE, Sept. 23.-(Spe-
cial.) Judge Edgar c.. Steele in de-
cision handed down in the district
/ court last evening reaffirmed a for
mer decision of the district court
made some years ago in a similar
case holding that the appropriation of
money for county fairs under a sta
tute was in controvention of the con-
stitutional provision barring such ap-
preparation and reversed the order of
the county board of Nez Perce county
donating $25O0 for the benefit of the
Northwest Live Stock association at
Lewiston. The decision of the court
affects the entire state and Latah
county as we'll and until the question
is finally passed on by the supreme
court, the right of counties in Idaho
to make such appropriations or dona-
tions will be questionable The court
has written lengthy opinion involv-
ing such appropriations and urges
that the matter be carried to the high
er courts for final decision. The de-
cision of the court has a bearing on
a similar case in Latah county where
suit has been entered to recover from
county commissioners for money APP
propriated heretofore. The decision
is lengthy and in part is as follows:
"The question presented to the
court is whether Section 3040 is in
contraventiop of the Constitution of
Idaho, as above quoted.
Some ten or twelve years ago this
court decided in case of the board
of commissioners of Nez Perce coun-
ty, with reference to an appropria-
ton made to, the Lewiston-Clar
fair, that such an appropriation could
not be made, and reversed the action
of the board of commissioners in so
making the appropriation. This case
was not appealed to the supreme
court, nor has the question here pre-
sented ever been before the supreme
court of this state.
"The only distinction between this
case, and the case which has already
been determined by this court, with
reference to the lewiston Charleston
fair, is that the articles of incorpora-
ton OF the Northwest Live Stock as
sociation, show that this is nom
profit-eharing association.
"The court has considered most
carefully this question, and can ar
rive at no other conclusion than that
the fact that is is non-profit-sharing |
in no way affects the /
question as to whether such an ap- |
preparation can be made. The court |
that the Northwest Live /
Stock association is an association OF
persons who pay a membership fee,
and that the purports of this mem
oership fee is to carry out the pur-
bose of the association in exhibiting
i've stock; but the court believes that
he provisions of the constitution
we're intended to prevent the munic-
palities named from contributing to
my corporation or association or in
lividual, any of the public funds
which were to be expended for any
'ther than the public purposes OF car
ying on the affairs of the municipal
ty, and whether it is called fair
ssociation or live stock association
r a railway enterprise, it is immater-
al
"The constitution intended to pre-
ent such donations made, and to
how to the people everywhere that
@ such appropriations of the public
lnds would be made in Idaho. The
onstitution was intended to cut off
II opportunity of counties and cities
ntering into any kind of speculative
chemes, and to thereby prevent by
ny possibility, the opportunity for a
lisappropriation of the funds Of the
1t was intended to cut
# all such opportunities, and this
ourt having heretofore rendered its
ecision in a case of this kind, feels
ound by that decision, and that it
ust follow it, regardless of what
enefits might accrue from an ap-
ropriation made to the association in
lestion. There is no question in the
,urt's mind but what great benefits
ave already ensued, but appropria-
ons might be made which would not \
of benefit, and the constitution was v
tended to cut off all all opportunity I
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