Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1915-09-18
GEORGE JACOBSON, Publisher
JUST LIKE ELMORE COUNTY,
ONLY DIFFERENT.

In the absence of County Attorney
Mclaughlin, the county commissioners
bought from Attorney j. G. Watts,
fifteen dollars worth of legal advice
to the effect that it would be abso-
lutely illegal to pay DR.. Tobey's
claim of $344.60 ian connection with
some surveying done at Long Tom
and Little Camas.
On the return of Mr.. Mclaughlin,
we are informed he advised that the
bill should be paid. However i'm the
absence of Sheppard Morgan, the
other members of the board ordered
a Warrant issued to DR.. Tobey which
was done August 25th, for $344.60,
which with the SIS paid to Lawyer
Watts for his advice not to pay 1t,
tatols $359.60 for the taxpayers to
pay. For what-and who should pay
for an advisor to take the county at
torney's place when he is on a va
cation, and In the light of the test
case alluded to i'm the following ar
ticle from the Evening Capital News
of September 15, what is the harvest
likely TO be?
Frank L. Moore, prosecuting attor-
ney for Latah county, who stands
high in the counsels of the Demo
cratic party, having presidential cleo
tor in 1912 and a receptive candidate
for appointment to the United States
senate to succeed the late Senator
Weldon B. Hepburn, seems to have
started something legally i'm Latah
county which has attracted the atter-
ton of the entire state He held some
time ago that county commissioners
could not make donations to charit-
able institutions, county fairs or cor
Dorations, and If hey did they were
responsible personally. He has now
backed up this stand by filling COM
plaint of sensational character against
Latah county officials for so doing.
In this complaint A. Anderson is |
plaintiff and Latah county Is made
exTelatione plaintiff against ]. L.
Woody, A. B. McIntire, John E. Hall, |
member of the Latah county board of |
commissioners in 1911, and Homer E.
Estess, county auditoor and recorder,
and Ruth w. Broman, treasurer, de-
PENDANTS. The suit involves an &C
tion to recover a total sum of $847.74, |
amounts appropriated and paid to
the Latah County Fair association,
the Lewiston Children's home and the
Orphans home at Spokane, the sums
having been paid out ON warrants is
sued on various dates during 1912.
A feature in connection with the filling
OF the petition is the position the de-
PENDANTS are In, all being present
county officials and by virtue of the
suit are estopped from drawing salary
until the issues are disposed of. The
suit is forerunler of suits that
may be filed involving appropriations
made of similar nature ON the dates
subsequent to the dates ian the pres
emit suit. 1t is understood summons
in the action will not be issued until
the result of similar suits i'm Nez ,
Perez county are disposed of.
The action filled by Frank l.. Moore,
attorney of Latah county,
is based on the constitutional provi- :
sion barring counties and municipali-
ties from making donations. The sec 2
ton of the constitution is as follows: +
Article s. Section 4.-No county, :
city, town, township, board of educa- :
ton, or school district or other sub :
shall lend or pledge the :
credit or faith thereof directly or in- =.
directly I'm any manner, to, or i'm aid :
Of any individual, association or incor. :
)oration, for any amount or for any
purpose whatever or become respon- =
sible for any debt, contract or lia- y
)ility of any individual, association .
'r corporation in or out of the state" :,
The complaint dn the case seeks
he recovery of the total amount T.
Siven above with interest at 7 per -
'ent until judgment Is entered. It in- :,
Tolves am appropriation of $500 made ~
~ the first three named defendants, =
members of the county board at that a
lime, the warrant having BEEN issued =,
september IA, 1911, and paid by y,
he county treasurer February IL, 1912, .,
ogether with $12.S3 interest: the sum N
{ $25 appropriated July II, 1911, toll 81
he childrens' Homefnding society; 81
he sum Of $25 appropriated on the "
anne date to the Orphans home of
pokane; the sum of $3.50 appropri-
ted 10 the Children's Homefinding
nd Aid society of Idsho OF July Is,
oil; the sum of $25 to the Children
iomefinding and Aid society OF Ida
o on October 8, 1911, and $10.01 in "
crest paid on several of the above pa
"
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