The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1917-04-06
Commissioners Sustained

The board of county commission
ers is exempt from liability in the
matter of appropriations made for
fairs, stock shows or like industrial
expositions under the provisions of
the statute later declared unconsti.
tutional by the supreme court.
This is the decision of District
Judge E. C. Steele in an opinion
handed down at Moscow Friday in
an action entitled Latah county and
A. A. Anderson VS.. ]. L. Woody, A.
B. McIntire ct al.
The action Was instituted at the
instance of Mr.. Anderson to recover
for the county $500 appropriated
by the board of county commission
ers for the support of the Latah
County Fair association. The ap-
preparation was made under the
provisions of the statute that gave
authority to the board of commits
sioners to make such appropriations
for the support of industrial expo
sitions intended to exploit the agri-
cultural. horticultural, livestock
and other products of the county.
The statute was first attacked in
Nez Perce county where action was
instituted to restrain the board of
county commissioners from turning
over an appropriation of $4,000 to
the Northwest Livestock associa-
ton. Judge Steele held that the
statute was unconstitutional and his
decision was later affirmed by the
state supreme court. The decision
of the supreme court was received
only a few months ago and actions
were then instituted in both Nez
Perce and Latah counties to recover
from the former county commission
ers the sums of money that had
been appropriated under the statute
that was held to be unconstitution-
al.
The decision Of Judge Steele holds
that the board of commissioners is
not judicial body and has no au-
thority to pass upon the validity of
statute but is supposed to accept
as constitutional and valid any leg
islative act provided for their guild
ance. He holds that any action to
recover money paid out under the
unconstitutional measure must be
directed against the association of
persons receiving such moneys and
cites the decisions in many states
where his position is sustained by
the supreme courts.
1t is pointed out that the commits.
sioners acted in good faith in the
matter Of the appropriations to the
fair and that they had secured the
advice Of the county attorney who
held that authority was given by the
statute for the appropriation of the
public money to encourage the
greater development of the county's
resources.
The action of the Latah county
board of commissioners in appro
priating 1000 for the support .o1
Latah county orphans, at the Lewis
ton Children's Home Finding asso
citation was also attacked by the suit
instituted by Mr.. Anderson and the
county. Judge Steele holds that
the findings in the fair appropria
tion case would apply to some ex
tent in the Children's Home action
The decision points out that itemiz
ed bills were not submitted to tn.
commissioners for the support o1
the Latah county orphans but 1
lump appropriation was made. L
is also shown, however, that aftel
the plan Of itemized bills wa
adopted, the cost per child fo1
maintenance at the Children's HON,
; has been about double the expens'
. incurred when the lump sum appro
, priation was made. The court doe
not believe the commissioner
should be personally liable for tn,
money paid to the Children's Hom
. but holds that the decision shoul,