Evening capital news. (Boise, Idaho) 1901-1927, 1919-03-18

ception Of the provisions relative to
cities becoming interested in the power
Irrigation district in the manner pro-
vided by this bill-which is, by paying
a part OF the construction charges and
then having the mayor or chairman of
the board of trustees as one Of the d.
Irectors-the present laws OF the state
Of Idaho give to cities, acting alone,
and to irrigation district. acting alone,
all of the rights, power and privileges
which are contained in this bill.
call particular attention to the statutes
pertaining to this subject, relating to
the powers of cities and villages.
WHAT LAW SAYS.
"Section 1852: 43, compiled laws of the
state of Idaho. as amended by senate
bill No. 104, passed by the present
session of the legislature, approved
March II, 1919, is as follows:
'152 :43--Water Light and Power
Acquire, by purchase or otherwise, wa
terworks systems or plants, and also
light and power plants, and construct
enlarge, extend, repair, alter and inn
prove such plants or either of them,
and to supply the municipality and the
inhabitants thereof with water, light
and power, or either, and to charge
private persons and corporations there
for; to supply any excess water, light
or power or either, to persons dn,-
Guiding municipal and private corpor-
ations) without the limits of the mu-
nicipality, and to charge therefor; but
all such charges rates or revenues
shall be reasonable and shall be uni
fn, tp oil oil lsa n nd ha a6
upon the service supply proportionate-
ly, without discrimination in favor or
against any person or persons what
Soever.
This section gives the cities or viii
lagos the full power and right to con-
struct, own or purchase any size power
plants or waterworks plants that such
city or village may desire to own, and
permits such city or village to sell its
excess water, light or power to outside
individuals or other municipal corpora
tions outside of such city or village If
it so desires. In other words, under
this statute it may build it's plant
large enough to furnish to an irrigation
district or any individuals outside of
such city any amount of water, light or
power that it may desire, the only
restriction being that the rates must be
reasonable and uniform to all alike.
CAN NOW SELL SURPLUS.
Under the above law the city would
own such plants and works and il
would manage and control the opera
ton of such plants and works, and l
feel that it is right that it should cause
the money collected from the people of
the city in the purchase, construction
and operation of such power, lighting
or water system to be so expended as
to be managed and controlled by such
city or village.
Under the present laws, the irriga-
ton districts OF the state may go to
any extent they desire in the matter
of purchasing, constructing or devel-
opment of power for electric power
purposes and waterworks systems OF
any kind, for the purpose of furnishing
water, power or light on such irriga-
ton districts, and they may sell any
surplus or excess water or power to in
habitants or other persons outside of
the district, with the limitation only
that such water or power shall be de-
livered at the plant of the district. In
other words, the present irrigation dis
tricts could not build miles of trans
mission lines or canals outside of their
district, but could deliver power within
their district for uses outside. Hence,
it will be seen that with the foregoing
provisions of our present law, the only
new step proposed by senate bill No.
% lis permission to cities to bond
themselves or raise money from other
sources and have an interest in the
tlor
city, and which would be controlled
and operated by majority of board
of directors not residents of the city.
CONSTITUTION VIOLATED.
THE provision of our state consti-
tuition is, in my opinion, violated by
the terms of this act, the provision be-
ing section 4, of article IL, which reads
as follows:
mo county, town, city or other
| municipal corporation, by vote of its
citizens or otherwise, shall ever become
a stakeholder in any joint stock COM
| pany, corporation or association what
! ever, or raise money for, or make dona
| ton or loan it's credit to, or in aid of
any such company or association; pro-
| vided, that cities and towns may con-
| tract Indebtedness for school, water
| sanitary and illuminating purposes,
| provided, that any city or town con-
tracing such Indebtedness shall owr
it's just proportion of the property thus
created, and receive from any income
arising therefrom, its proportion of the
whole amount so invested
while do not believe that 1t is the
province of the governor to disapprove
IN hCnOlSa n he
bill may be held by the courts to BIZ
/ IL LII 1,f h