The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1916-06-23
.LATAH CASES
ARE INVOLVED
Decision of Supreme Court
In Matter of Wide
Importance

Copies of a late decision of the
Idaho supreme court holding that
county commissioners have no legal
right to make donations to private
or corporations, the de-
cision having been made in a case
from Nez Perez county in which H.
M. Fluharty is plaintiff and the
Nez Perez board of county commiss-
toner's are the defendants, the case
involving an appropriation of $500
for the Northwest Live Stock show,
has special interest in Latah Co.,
suits having been filed against
commissioners and former commiss-
toner's besides other Latah county
officials to recover sums donated
to the Latah County Fair Associa-
ion and the Childrens home. The
suits were filed by County Attorney
Moore as protection to the tax
payers of the county pending re-
ceipt of the decision in the Lewis
ton case which was identical in
character. Just what futher action
will be taken by County Attorney
Moore in pressing the suits to re-
cover has not yet been disclosed.
The view is held in many quarters
that the county officials were inno-
cent of any intention of violating
the law, the claim being set up that
the donations were made by reason
of statutes enacted by the legisla-
ture authorizing such appropria-
tions. The public will not condemn
those officials who acted under the
belief that their acts were legal,
and no doubt some effort will be
made to seek legislative action
multiplying the liability against the
offenders.
The supreme court holds under
the provisions Of section 4, article
IL of the state constitution, that
section 3040 of the revised codes,
contravenes the constitutional, null
and void. The decision is of un-
usual Importance as it affects the
right of county commissioners in
the matter of making donations to
private fairs or associations.
Under section 4, article IL of the
constitution, provision is made that
mo county, town, city or other
municipal corporation. by vote of
its citizens or otherwise, shall ever
become stakeholder in any joint
stock company, corporation or
association whatever, or raise money
for, or make donation or loan it's
credit to, or in aid of. any such
company or association"
Section 9O40 provides, "The board
of county commissioners or any
county in this state, in which there
is a regularly organized agricultural
fair association or any other COM
pany having for it's object the ex-
hibition of live stock and agricul-
tural products of their county or
state, may, in their discretion ap-
proprate annually out of the county
treasury, any sums not exceeding
in amount one-half of one mill on
every dollar of taxable property in
said county to assist in defraying
TIE expenses of such fair"
The appeal to the supreme court
was from the action of the board of
county commissioners making an
appropriation to the Northwest Live
Stock association. A judgment was
given the plaintiff in the lower
court below.
"This association is private cor
poration engaged in private enter
prise to which the county in the
foregoing constitutional provision
is prohibited from making a dona-
ton or appropriation" says the
supreme court in its decision.
Were such donation or appropria-
tion made. it would place county
funds donated or appropriated to
such CORPORATION under the control