The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1915-11-05
County Attorney Files
His Appropriation Opinion
Moore Tries to Win Favor

Office of the PROSECUTING
ATTORNEY, Latah County, State
Of Idaho.
Moscow, Ida., Oct. ID 1915. The
Honorable Chairman and Board
of County Commissioners of Latah
County, Idaho.
Gentlemen: Respecting the bill
of the Childrens Home Finding and
and Aid Society of Idaho, in the
sum of $4,000, and presented as
claim against Latah County, for
the care of Osha Hill, Mary Beahn
and Paul Hickman, for the months
of July, August and September,
1915, which was referred to me for
an opinion, as to whether or not it
is legal charge against Latah
County, l would say that in my
opinion the same is a legal charge
against the county.
assume, however, that the
claiment is a corporation organized
under Section BOIL of the Revised
Codes of Idaho. If such is the case
the Institution has been recognized
as state institution, and l believe
this to be true as the Legislature
has provided for the maintenance
by an appropriation of state funds.
Section 9 of an act approved
March, 1909, found at page AZ of
the Session Laws of 1909, as a.
mended by an Act approved March
9, 1911, page 649 is as follows:--
''Section 9. Any Board of County
Commissioners shall, upon the ap-
plication of any society contemplate
ed in this Act and incorporated un-
der the laws of this State, and hav-
ing an institution in this State and
and none other, make an order for
the payment by the county Of Ten
dollars ($1O) per month for each
child SO cared for, to such society
for the purpose of receiving, caring
for, or placing out for adoption, or
improving the condition of the or
phan, homeless, neglected or abused
children Of the state. The Board
of County Commissioners shall pay
the expense of bringing the child be-
fore the Court and caring for it
pending the hearing under the pro-
visions of this Act. When a child
is surrendered to a benevolent So
ciety under the provisions of this
Act by the Probate Judge of any
county, the county shall pay such
society the sum of twenty-five dol
lars ($25) to cover the incidental
expenses of taking such child, and
in addition to such sum, the rail-
road fare to the home of such So
ciety. No clerk, sheriff.. police
officers or member of the Board of
County Commissioners, or any agent
of such society shall charge or be
allowed any costs whatever in there
proceedings, except where the COM
plaipt shall be without sufficient
cause and malicious in which event
all the costs shall be taxed against
the complainant; PROVIDED: That
the provisions of this section shall
not apply to cases in Sections 5 of
this Act"
A careful reading and consider
alton of the entire act will show
th4t it's purpose and object is to
provide means or method where
by societies organized under said
Sections BOIL of the Revised Codes
of the state of Idaho, may take the
care, custody and control of the
person of such minor child living
lives under any of the conditions
prescribed IN the act.
The same Legislature made an
appropriation of $40, 100000 for the
maintenance and support of this
Institution presenting this bill. OF
at least an institution of the same
name, see Session Laws of 1909,
page 428. You will note that nc
part of this appropriation was avail.
able according to the provisions OF
Section of the act until the asso.
citation has raised by private sub
scription an equal amount of $20,.
900.
The next Legislature, or the
Legislature of 1911 also made an
appropriation of $4,000 for the
institution, see page 81 of the Ses,
sion Laws of 1911. A reading OF
this act also shows that no part OF
the appropriation was available un
til the Society mad also raised like
amount from some other sourse anc
the Act also provides that $7O0O.0(
of the money appropriated shoulc
be used in the six northern countie:
of the State.
The next Legislature, or the Leg
l. q