The Western news. [volume] (Libby, Mont.) 1933-current, 1938-03-24
Matter OF
-EX(eSSCIdiiIns
nCourt Today
Taxpayers File Protest
Against Payment by
Lincoln County.
SAY SUCH ACTION
WOULD BE ILLEGAL

Arguments were opened this
morning in district court before
Judge J. E. lockwood, in hearing
on the petition praying the court
to authorize payment of the excess
claims against the road and bridge
funds of Lincoln county. When court
recessed at noon, County Attorney
Long had advanced his argument in
support of the petition asking pay
ment of the claims. A protest
against payment has been filed, the
protestants being represented by
Walchh & Korn, of KalispelI. A
number of interested people from
Eureka are present for the hearing.
A number of Libby taxpayers and
others over the county have signed
a protest against the paying of the
excess claims against the county
road and bridge funds, which to-
tai S10,35861. A petition has been
filed with the district court, pray
ing the court to authorize payment
of the claims, and this latter petition
was filed in protest of any such
action. .
Some Is or 20 members of the
Lincoln County Taxpayers associa-
ton gathered in the community
room at the court house Friday night
to discuss the matter, and at times
quite heated exchange of argument
took place. The protesting petition
had been prepared and signed by
some before the meeting, and was
further signed by others following
the meeting Friday night
The protesting petition is signed
by Frank PivaI of Libby in behalf
of himself and IL other taxpayers.
The protestants allege that the court
has no jurisdiction and no power
or authority to hear or determine
said matter, or to make any order
allowing or authorizing the payment
of any of said claims
| The protestants allege as further
grounds for their protest that the
petition praying the court to au-
thorize payment OF the excess claims
is a proceeding or purports to be a
proceeding not authorized by law
and for which no provision is made
under the law or practice of the
courts of this state.
The petition filed in protest al
leges that the road and bridge bud
get for the county was duly adopt
ed for the year ending June 30, 1887,
that claims against it were duly
allowed and paid up to the budget
limit, all excess claims are in ex-
cess of the duly authorized budget,
that no emergency expenditures
were authorized and no emergency
was declared as provided for in Sec
ton 46l36, code of 1895.
The protestants further allege anc
believe that none of such claim!
were at any time legally incurred
. against said county, or were incur
: red by the board of county commits
sioners, and that each and all o
them represent items or claims in
Cured or caused to be incurred
! by one commissioner alone of sail
county, Ray Frost, and not other
wise, and that none of said claim
were at any time authorized, APP
proved or allowed by the board 0
county commissioners, sitting n lie
gal session.
The protestants deny that Their,
was any emergency of any kline
! whatsoever either actual or legal, a
any time, that required the incur
ring of said claims and deny am
| emergency therefor existed; ant
further allege that no emergenc,
was declared for said claims or an,
of them or pursuant to the pro
: visions of Section 46l36, cod
of 1885,
The petition of the protestant
also alleges that none of said pro
ceedings or petition can be presses
or prosecuted by any of the com
missioners or by any officer of sal
county; that said proceedings are i
fact proceedings to attempt to hav
claims allowed against said count
and that no county officer is
proper petitioner for any order flo
the allowance Of any claim agains
tho