The daily star-mirror. (Moscow, Idaho) 1911-1939, 1916-09-03
COMMISSIONERS
COURT RECORD
INVOLVED IN MANY SUITS GROW
ING OUT OF VIOLATIONS OF
LAW IN OFFICE
Oversmith Their Taxpayers
Stand the C0Sts-COurt Calls
Down Amicus Curiae

Among the suits pending or to bt
filed against County Commissioner
Lyon, Woody, and McIntire, are one tt
recover the money spent for supplies
for the tract index system which the
supreme court held could not be in
stalled legally, several to recover fol
various road districts road poll tai
collected in the districts and put in.
to the general fund contrary to law
one at least to recover for a road dis
trict money collected in the district
under a general levy and not spent in
the district according to the provis-
ions Of the law, one or more to re-
cover money paid for timber cruises,
one to recover money donated to the
home finding association, for which
the law provides the funds shall be
raised in specific manner one on an
appeal from an order abolishing road
district No. 2, and one to compel the
commissioners to support the county
roads by a general levy, as provided
by law, and not by special road taxes
levied by districts.
The Tract Index Case
Before any order was made in the
minutes of the commissioners as is
required by law, and before anything
was made public with regard to the
tract index scheme, county officials
bought outside of the state set of
blank books that cost about $3.50.
The commissioners order had in
corporated in it a provision for the
employment of man at four dollars
a day, though no advertisement had
appeared as is required by law show
ing that deputy was required.
When the matter first came to the
attention of the prosecuting attorney,
he advised the commissioners that
they had no authority in law for in
stalling such system and advised
against the carrying out of the plan,
but the work went forward until John
Reilly entered in the district court an.
appeal from the order of the commits
sioners on behalf of the taxpayers.
In the hearing in the district court,
testimony was entered to show that the
cost of installing the system would
be between $4,000 and $4,000, but the
commissioners order was sustained;
and Reilly took an appeal to the
supreme court of the state.
The commissioners did not use the
attorney nor openly en- |
ploy an attorney to represent them or
the interests of the taxpayers, but A.
H. Oversmith surreptitiously applied
to the supreme court and secured an
order permitting him to appear in the
case as amicus curiae.
Apparently fearing to let. the case
be heard upon it's merits, the thing
which in the nature of his status in
he case he was under obligation to
10, Mr. Oversmith moved a dismissal
If the appeal, on imaginary irregular
ties, and was summarily overruled by
he court, which pointed out the in
of his position as friend
# the court.
Taxpayers Pay the Costs
Judge Sullivan wrote the opinion
verruling the order of the commits,
ioners, and the case was returned to
he district court, in which the appel
ant got a judgment for all costs
yhich was paid out of county funds.
Despite the decision of the supreme
Ourt, work on the tract index system
,as continued; and the money spent
Or the books to be used in operating
le system has not been refunded to
le county, and it is for the recovery
f that money that suit is to be !,
rought against the commissioners.
The road poll tax which was col
,cted previous to last year, must ac-
)rding to law be spent in the district :.
which it was collected. The pres
1t board of commissioners turned the
Oney into the general fund, and to
,cover the money collected in them .
1t not spent in them some districts
ill bring suit against the commits "
oners. In at least one other case,
e provisions of the road law that IL
1t less than 25 per cent of the money q
llected in any district by general
ad levy must be spent within the G.
strict has been violated, and suit B.
III be brought to recover the money.
A suit is now pending in the SUI S.
eme court in which it is sought to vi
mpel the commissioners to support mt