The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-05-26
ROAD BONDS ARE LEGAL
STATE SUPREME COURT
ACTS OF LEGISLATURE 1921 AND
1919 SUSTAINED BY VOTE
OLA TO 1.

Good road enthusiasts of Shoshone
county will be greatly pleased with
the decision of the state supreme
court in which the validity of the
acts of the legislature in connection
with the proposed bond issue of 81
100000 are upheld. The placing of
these bonds which will now be ac-
complished viii enable the state to
receive federal aid in the construc-
ton of highways and solve the prob
lem confronting this and many other
counties in the matter of permanent
highway construction. by a vote of
four TO one, the supreme court Sat
urday recognized the right of the
1921 session of the legislature to au-
thorize the employment of fiscal
agent to procure a bidder for the
Idaho state highway bonds. fourth
issue in the amount of $4,000 900. ana
also gave it's approval to the act of
the 1919 session Of the legislature. |
which submitted to the vote of the
people at the last November election /
the question of whether or not the .
bonds should be sold in spite of the
fact that the state had reached the
limit of it's indebtedness Justice
Robert n. Dunn was the author of the
opinion.
Justice William A. Lee was the dis
senting member of the court. and the
opinion submitted by him tended to
show that senate bin No. $40. the act
Of the 1921 session authorizing the
employment of q fiscal agent was I'm
H.. rfHr
sion are summarized by the Boise e
Statesman as follows
Twenty Year Bonds
The bonds are of 20 years duration
and. according to law. must bear in
terest at not more than per cent
Bids were opened for the purchase of e
the bonds on January ST. 1921. the
highest bid received being sSz42O be- b
low the par value of the issue As
the bonds could not be sold below o
par the legislature, then i'm session e'
was appealed to for authority to en- oil
ploy fiscal agent For this purpose IL
$4,000 was appropriated but before az
the bonds could be sold eastern deal ie
ers demanded a supreme court deci- pi
sion on the legality of the act of the A'
legislature. II was hoped that a deci- 81
sion could be had before the legsa-
ture adjourned but the case was not fc
filed in time i'm
The case was in the form of test 10
suit instituted by Governor d w sa
Davis. Roy T. Black attorney gen SO
eral and w. J. Han, commissioner Of Tn
public works. plaintiffs representing
ST
treasurer, defendant Application wi
was made by the state for an origin or
Al writ of mandate tic
Points of State Upheld. fol
Although the court sustained every
point made by the state, yet the writ cd
vas denied because of the discre- ito
ionary power vested in the state tho
treasurer I'm explaining the reasons by
Why the writ should not issue. the hip
pinion reads: bee
while we hold senate bill No $40 SO
o be valid act of the state legisla- van
are requiring the state treasurer TO trio
mploy a fiscal agent or broker to as ext
list in making sale of said bond is tins
me- if he shall find that it can not be con
old without mourning such expense. sho
e think some degree OF discretion is ests
iven to said treasurer as to the ex- pos
ct time when it shall be necessary. as
at all. to employ the services of thei
lch fiscal agent or broker for mani sior
silly it would be unreasonable to and
DID that if it appeared to the treas ed
FER possible to make such sale with of {
1T mourning this expense he would
i'll be required to proceed 40 once to
e employment of fiscal agent and
ms incur an expense that could ~,
asonably be avoided"
In dissenting. Justice Lee SAYS: eft ~,
N not be questioned that the leeis- tb.
ture has absolute control over the como
ances Of the state and that its roan
wer over the creation of indebted nitt
IS or the expenditure of state funds soma
plenary and that the exercise of tatiy
Is power can not be controlled or the
viewed by the courts. except as n.i,.
litcd by tho constitution But the coo,
islature is bound by an constm- D,ns
nal limitations. and where IT ex- Win,
'us Such limitations ITS acts are Doue
oiect to judicial control"
Discusses Highway Building.
DISCUSSING the proposal of the
hways. for which it was contem-
ted mourning indebtedness of So
.000 and the approval OF this pro
al by a referendum vote. Justice
says 'Tf the legislature may at
subsequent session increase the
cunt of the Indebtedness by di-
appropriation. under the pretense
making an appropriation to em-
y a fiscal agent to find purchas- The
for said bonds. then the constitu- Jcffer
al limitation as to the amount of I'm tn,
h indebtedness and the manner of when
,ting it is. TO all practical intents officer
purposes. Intellectual" Day
wo briefs in the case were filed by J. NIu
contending parties. In the first gy s
hese the point at issue was the Geo !