The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-03-20
FINAL OPINION OF CITY ATT0R-
.NEY is THAT LAW EXTENDS
CITY'S POWER.
ELECTION CALLED ON QUESTION
OF BONDS ON APRIL "a
Somat0r s. p. Atherton Takes Up Mat
ter With P0catellO and Gets State
ments Confirming Opinion TAat The
City May Vote the Bonds.

And so the play ended happily af-
ter all, and the Special Interest" vii
lain was foiIed in his efforts to throw
a monkeywrench into the machinery
of municipal ownership waterwcrks,
and the Joker" was a joke, so that |
the people, or so many thereof as can
qualify for that purpose, will vote on
April "a on the question OF whether
bonds in the total aggregate sum OF
1896, 100000 shall be issued for the pur-
pose of installing a waterworks sys-
tenn for this city in accordance with
the terms of the report of Special En-
gineer l.. c. Kelsey.
Having temporarily reversed his
first opinion last Thursday, somewhat
on account of new, though still not
wholly correct, evidence as to the con-
tents of S. B. No. Ill, City Attorney
George Herriott on Friday returned
to the position which he held in the
first place, and on a careful investi-
cation of a correct copy of the law
handed down a formal opinion to the
effect that the measure did not cur
tail the power of the people to vote
bonds in any amount for waterworks.
Mayor Sweeley, who upbraided the
legislature for alleged derelctlon last
week did not express any opinion at
once but later acquiesced in the opin-
ion of the city attorney.
City Attorney Herriotts opinion fol-
lows:
To the Mayor and Council:
have been requested by one of the
members of the city council to give
written opinion as to the limitation OF
the city to vote bonds for waterworks
under the new act of the legislature,
as set forth in Senate bill No. Ill,
about which accusations of fraud have
been so freely circulated.
This senate bill No. III was passed
y. to amend the laws of 1915, in regard
to the issuance Of bonds to construct
waterworks systems, or rather to ac-
ouire waterworks systems by prr-
chase or otherwise. My information
is that Pocatello has purchased wat
erworks system, and in order to ex
tend. alter and repair the same they
voted bonds for the latter purpose, anC
bond BUYERS refused to take the bonds
because the statute of 1915 was insult
ficient to grant the power tc vote
bonds for the alteration or repair o
waterworks.
Section "B" of the 1915 statute pro
vides that cities have the power u
vote municipal bonds in a sufficien
amount to acquire by purchase O.
otherwise a waterworks plant, bu
such statute did not provide that bend
could be voted to construct, enlarge
extend and repair, alter and improV
said plant, consequently SenSfe pli
No. Ill added the words land 10 con
duct. enlarge, extend, repair. alter an
improve said plant" In senate pll
No. III after the foregoing quotation
= nroyision is inserted for va'ldatin
bonds which had been heretofore is
sued. which provision was lndoubted
" inserted to validate the Pocatell
bonds. also in such additional claus
is a provision that the city counC
shall determine the amount or bond
to be voted upon by the city.
After the above provision is sui
division &C" of the bill which author
yes the city to vote municipal bonds
a. sufficient amount to acquire by pu
chase or otherwise, a light and pow'
plant. and then following such proyi
ion is a provision that the amount K
- which bonds may be issued for a
curing light and power plants sha
be determined by the city council.
The elimination from the bill,
originally drawn of the word "wate
plant "and" or either. was pro
er, because if these words had n
been eliminated it would have been
repetition of the grant of power
the council to fix the amount to
voted on by the city council for wa
erworks plant which followed {
power to vote sufficient amount I
that purpose.
There is no doubt whatever b
what the bill gives cities the powe
which they had in the 1915 statu
together with certain additional po
ers. and the statute as amended
broaded and more favorable to cti'
GEORGE HERRlOT
After the members of the coun
had read the opinion last night tn
passed the ordinance published els
where herein, submitting the questi
of waterworks bonds to the quallll
electors.
Since the question relative TO
new law was raised Senator 5.
Atherton had taken the matter
and on Monday received the follow
e(Continued on Page 81