The daily star-mirror. (Moscow, Idaho) 1911-1939, 1916-09-14
SUPREME COURT
ISSUED A WRIT
MANDAMUS LATAH COUNTY BOARD
TO MAKE SUFFICIENT GEN
ERAL ROAD LEVY
Must do so Irrespective of Petitions
From Road Districts For
Special Levies

\ Inc IudnO supreme court mas issued
peremptory writ of mandate "Com-
manding the Latah county board of
commissioners to levy on or before the
third Monday in September, 1916,
sufficient tax upon all the taxable prop
erty in said county, not exceeding rs
cents on each hundred dollars of val
uation," copies of the writ having been
received in Moscow by A. L. Morgan
and e. c. Boom, attorneys for the
plaintiff, Mr.. Boom submitting argu-
ments before the court at Occur
dAlene last week. The county was
represented by Prosecuting Attorney
F. L. Moore.
The writ is specific. in its terms and
in directing that the general road levy
be made, holds that Said amount SO
raised to be exclusive of any amount
raised upon petition for levy Of spe-
cial property road tax in any particular
road district"
| The effect of this writ will be that
the roads of the county will be sup
ported and maintained by uniform
and general tax upon all the property
in the county instead of by special
and irregular tax by districts. 1t has
been the policy of the present board to
compel each district to support its
own roads by special tax with the re-
suit that all of the poor districts OF the
county have been compelled to pay a
total of 31a mills for road purposes as
against l mill by rich districts.
The county board will convene in
Moscow tomorrow for the purpose OF
fixing the general road tax levy. 10 the
arguments before the court it was
admitted that the board had intended
to levy a 1 mill tax for general road
purposes, where as under the command
of the writ, which will be served OH
the commissioners tomorrow, the board
must make a sufficient general levy ir-
respective of any special levies which
may have been petitioned for by dis
tricts. The Potlatch Lumber company
were the plaintiffs. The case was
heard and decided by Chief Justice
Sullivan and Justice Bulge. Justice
Morgan did not sit in the case or take
any part in the decision. The copy
OF the writ is given herewith.
ITO the board of county commission
ers of Latah county, Idaho:
Whereas, hearing has been had
in the above entitled cause on appeal
to this court and the court has fully
considered the same, and it manifest
ly appears that you, the said board of
county commissioners of Latah county,
have alleged and threatened that you
will not, on or before the third Monday
in September. 1916, levy sufficient
general property road tax upon all the
taxable property in said county, for
the purpose of providing the necessary
moneys for all general road purposes
in said county for the ensuing year,
including the necessary working, i'm
provement and maintenance of all the
roads and highways in said county,
and it appearing to the court that such
tax should be levied, and it further ap-
pearing that there is not piAh,
speedy and adequate remedy in The
ordinary course of law.
Now, Therefore, We do command
you, the said board of county commits
sioners of Latah county, to levy, on
or before the third Monday in Septem-
ber, 1916, sufficient tax upon all the
taxable property in SAID county, not
exceeding twenty-five cents on each
one hundred dollars of assessed valua-
tion, to provide for all general road
purposes in said county, including the
necessary working, improvement, and
of all the roads and high
ways in said county, twenty-five per
cent of such amount so raised to be
in the respective road dis
tricts where it is raised and said
amount so raised to be exclusive of
any amount raised upon petition for
levy of a special property road tax in
any particular road district.
Witness the honorable Isasc n
Sullivan, chief justice of the supreme
court of the state of Idaho and the
seal of the court this 18th day of Sep
tember, 1916"