The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-05-26

the right to act as set forth in the
first brief the court says:
THE contention of the defendant is
that the payment of this sum to a
fiscal agent or broker for assistance
in selling said bonds amounts, on the
one hand. to increasing the rate of in
terest or upon the other to selling the
bonds below par.
Fail to Agree.
I'VE are not inclined to agree with
this view This view is not consist
ent with the act of the legislature
submitting this proposition to a vote
OF the people, nor with the subse-
quent act authorizing the employment
Of a fiscal agent Under the latter
act provision is made for the payment
of the fiscal agents commission and
some expenses of the state treasurer.
In addition to these provisions for
expenses in connection with sale of
bond proposition to a vote Of the peo-
pie provided: 1.-THE expenses of print
ing or lithographing and procuring
suitable bonds with interest coupons
attached, for the purpose of carrying
out the provision of this act, shall be
paid out Of the monies arising from
the sale thereof as an expense incl
dent to the laying out surveying and
of said system of state
highways. 1910 session laws. ssh
"No mention is made of any of these
expenditures in connection with the
Dor value of the bonds or the rate Of !
interest they were 20 bear so it is
he legislature to require that these |
ponds should bring their face value
'vcr and above all expenses that
~ gnt Doe incurred in connection with
heir issuance and sale. The fact is
lat whether such expenses are great
" small they have nothing to do
With determining the par value of the
onds or the rate Of interest on
hem"
lnterprets Act of 1919.
In dealing with the question sub
lifted in the second brief or amend
q answer the court was obliged to
I'VE am Interpretation to the act of
ll9 and pass on its constitutionality \
Defendant charged that article s, II
ction L, of the constitution is VOL
Jed by this act. which is embodied in
lapter 1913 of the 1919 laws and
bid for The reason that the pur-
'scs specified i'm said chapter 1913, as
e purpose of the issuance of said
'nds and the creation of the indebt- =,
ness therein referred to, are not
stinctly specified in said chapter
8, i'm that neither the extent, mile
e, location, general character or r.
'mini of the highways to be com =
tied or constructed are set forth, -
p do the same constitute some sim ~
, object or work"
THE constitutional provision re- in
red to prohibits the creation of the
lebtedness provided for in chapter
B., session laws 1919, unless the -.
ne shall be authorized by law for ~
ne single object or work, to be dis
city specified therein"
Interpret Purpose of Act. In
'he purpose of the act of 1919, W,
n reference to the Single object co
work" phrasing of the constitu- ni
H. was interpreted by the court as
ows:
The end sought to be accomplish ca
by said chapter 1873 was the crea-
I of fund to be used in connec- be
j with the federal funds authorized Ich
congress in the construction of mr.,
nWays, upon certain conditions to ito
complied with by the state, and al pr,
TO be used in cooperation with the Nh
.ous counties and highway dis ma
rs OF the state in accordance with thf
ting laws and under certain con- NJ
encies for the construction or the
pletion of such state highways as sh,
nd be deemed for the best inter me
of the state. This object or pur- of
is distinctly set out in said act !
'equired by the constitution We apr
efore hold that chapter 1913, ses- of
laws of 1919, is constitutional gar
became valid when it was adopt sbo
by majority vote of the people CAT
he state at the last election" n
pres