The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-01-26
CLEARWATER ROAD
MIDDLE DECIDED
JUDGE STEELE RENDERS DE-
CISION IN HIGHWAY DIS
TRICT CASE AT OROFINO

| A case of more than ordinary in
terest has just been decided b.
Judge Edgar C. Steele, of the distric
court for Latah and Clearwate
counties. The case involved the dis
solution. of the highway district O
that county and has attracted mucl
interest. Judge Steele rendered hi
decision which has been sent to Orc
fino for filing. The gist of the find
ings of the court as taken from the
official decision, eliminating the lega
terms as much as possible, is here
given:
In the matter of the appeal Of
]. W. Blake and Julius Dobson from
the order of the board of county com
missioners, disolving Orofino highway
district.
The statute under which the pro-
ceedings is brought is as follows:
That upon a petition signed by a
majority of the persons possessing
the qualifications necessary to sign a
petition for the organization of such
highway district" ETC.. "the said COM
missioners of such highway district
shall within thirty (30) days there
after file such petition with the board
of county commissioners of the coun-
ty in which such highway district is
situated; said petition shall set forth
that there is no existing Indebtedness,
either bond or otherwise, existing
against the highway district, for
which there are not sufficient funds
in the treasury of such district to
pay, and that it is the desire of the
petitioners to disorganize. such high
way district; provided that before
said petition is filed with the board of
of county commissioners, or at least
two other such qualified persons of
such district, to the effect that there
are no outstanding or existing debts
or liabilities against such highway
district for which there are not suf-
fcient funds in the treasury of such
district to pay and discharge"
Upon receipt of such pc
tition by the board of county commits
sioners, they shall, at their next
regular meeting, place such petition
on file and pass a resolution disor-
such highway district, and,
thereupon, such highway district is
The county commission
shall thereupon have the same force
and control over the territory en-
braced in such highway district as
they had prior to the organization of
such district"
No question whatever is raised as
to the sufficiency of the petition. It
is in proper form, and signed by the
requisite number of taxpayers of the
Orofino highway district. The only
contention made by the commission
ers of the district to prevent this dis
solution and that there are not suf-
ficient funds in the treasury to pay
off the Indebtedness of the district.
The principal CONTROVERSY is as to
taxes levied and not col
lected are to be considered as funds
in the treasury and it is admittedsthat
If so considered there are sufficient
funds in the treasury.
Concerning the item of $6686.04,
the taxes levied for 1918 and uncol-
lected, but which have since been col
ected, and the money is now in the
treasury either of Clearwater county
or the Orofino highway district, the
court upon careful examination of the
authorities cited by both parties to
this case, finds that said amount is
an asset, and that it. is considered by
the authorities as funds in the treas