The daily star-mirror. (Moscow, Idaho) 1911-1939, 1922-02-08
SEEK TO REMOVE
COMMISSIONERS
ACTION FILED TO REMOVE SMOLT
AND ODENBERG FROM GENE
SEE BOARD

The Genesee highway district,
Charles Odenberg, commissioner, and
Edwin SmOlt, secretary and treasurer
of the district, were named as defend
ants in suit filed Wednesday in the
district court by Henry Martinson and
d. Scharnhorst. Plaintiffs ask that
the defendants be enjoined from pay
mig out any money belonging to the
district for any purpose, and that the
court enter a decree depriving Edwin
Smolt of his office as secretary treas
urer and that Charles Odenberg be
deprived from his office as chairman
of the highway board.
Judgment in the sum of $500 is
sought from both Odenberg and
Smolt The complaint seeks to en-
join Smolt from drawing any checks
or warrants on any funds belonging
to the district and that Odenberg be
enjoined from letting any contracts
on behalf of the district and that he
be enjoined from mourning any in
debtedness or obligations as chair
man of the board of commissioners
or as a commissioner of the highway
district.
The complaint alleges that Smolt
has been acting as secretary and
treasurer Of the district since its or
ganization but that he has failed to
execute his official bond as required
by statute. 1t is further alleged that
Smolt resigned on January Is, 1922,
and that no person has been appoin-
ted to fill the vacancy
Plaintiffs allege that upon the res
ignation of Arthur Linehan as COM
missioner that Edwin Smolt and
Charles Odenberg attempted to fill
the vacancy by appointing Charles
qualified as highway commissioner.
The plaintiffs further claim in their
complaint that:
"a large sum of money, the exact
amount being unknown to the plain
tiffs, has been paid out by The secre-
tary and treasurer with the know
ledge and consent of Charles Oden-
berg in violation of the rights of the
tax payers with the highway district,
in this:
''That the said sums of money were
paid out by the secretary and treas
urer with the advice and consent OF
the chairman, without any bills or
vouchers being filed therefor, and
without the bills having been brought
before any meeting of the board of
highway commissioners, and without
the bills having been allowed or con-
sidered by the board of highway COM
missioners. That according to the
best information and belief OF the
plaintiffs, the amount SO paid out un-
lawfully and without right amounts
to the sum of about $4,000 and that
the secretary and treasurer of the
district, for the past two years prior
to the commencement of this action,
has failed to make out a list of all
bills presented as required by law.
That such bills are not signed by the
chairman or attested by the secretary
to the extent of about $4,000, and
that all of the said bills have been
paid without such list being made by
the treasurer and without the same
being allowed or considered or sub
mitted to the board of commission
erS."
The plaintiffs also allege that Ed
win Snolt violated the law IN that it
is claimed that he rented building
owned by himself to the district. The
further sets out that Smolt
is member of the firm of Smolt and
Son and that for period of two years
Smolt and Son have submitted a
large amount of bills to the highway
district for board of men employed by
the district. The plaintiffs claim that,
according to their best information
and belief, that the amount of the
bills so presented and allowed has
been about the sum of $4,000.
In the twelfth count of the COM
plant the plaintiffs allege that there
is now no legally appointed or elect
ed board of commissioners for the
district because of the alleged ina
bility of the commissioners to func-
ton according to law.
A. H. Oversmith is attorney for the
plaintiffs. Judge E. c. Steele issued
an order in which he cited the de-
PENDANTS to appear on February 10 to
show cause why they should not be
removed from office and to show
cause why they should not be re-
strained from acting as commission