The record. [volume] (St. Maries, Idaho) 1913-1918, 1917-03-16

A hard blow was dealt the
Plummer Highway District and
Renewah county in general Mon
day afternoon when Attorney Ed.
S. Elder, who in connection with
Attorney C.. II. Potts of GOeur a.
Alene represented the county in
The fight over the Milwaukee
railway taxes, received word that
Federal Judge Dietrich had rem
dered his decision and it was
largely in favor of the railroad
company. The decision holds
with the county's attorneys on
several points, chief of which is
that the railroad company and
not the county would be COM
PEELED to pay the federal court
fees connected with the action,
a matter of over $500.
Mr.. Elder was notified Of the
decision by a long distance tele-
phone message and has not yet
received his copy of the decision
in full, but the general points
covered by Judge Dietrich are as
follows: The Plummer High
way district organization is null
and void in as far as commits
sioners' of the district power con-
Germ the levying Of special taxes
for highway purposes, with the
single exception of still being au-
thorized to levy special taxes
sufficient to take care of the
bonded indebtedness of the dis
Irict.
Judge Dietrich held that the
law creating Benewah county and
consequently affecting the Plum
mer Highway District, as amend
ed by special law, both passed at
The session of the legislature two
years ago, was legal, thus render
ing in favor of the county on one
point raised by the railroad COM
pany in its suit. However, he
also held that the tax levy of the
highway district was unconstitu-
tional in that as the district is
located in two counties and the
special levy made by the district
was not the same for both coun-
ties and therefore not in conform
ity with the tax system of uni
form taxation, the levy as made
and upon which the railroad re-
fused to pay could not be col
lected.
In short, this portion of the
decision practically means the
Discrimination Of the present
Plummer Highway District as, il
the commissioners of that dis
trict have not powers except tC
levy a special tax for the pur-
pose of taking care of the bono
and interest Indebtedness Of th'
district. the usefulness of thI
commissioners is at an end, a.
without the revenue derived from
the special highway district lev,
no work, either in the construc
ton or the maintenance of roads
can be accomplished.
As regarding the Special Schoo
Tax in School District No. 2e
this being the district located il
Hepburn Park, the decision o
Judge Dietrich also supports tn
contention of the Milwaukee
Railway that the special tax O
ten Mills was illegal. The de
cisiOn does not hold that th
trustees have no power to lev
special school taxes on prOpert
located within the limits of tn
park, but that the number of vote
as cast at the annual election {
school trustees and voting {
the special school tax levy wa
insufficient and as a result the aC
tion in placing a special schol
tax levy for the year 1915 in th'
district was illegal.
The Milwaukee Railway tax cas-
was argued before the feder
court of the northern division
Idaho, sitting at Coeur d'Alen
on February l5, but owing to q
fact that shortly thereafter Judl
Dietrich left for the east no d
cision was rendered until h