Independent Highway District No. 2 v. Ada County

134 P. 542, 24 Idaho 416, 1913 Ida. LEXIS 161
CourtIdaho Supreme Court
DecidedAugust 16, 1913
StatusPublished
Cited by15 cases

This text of 134 P. 542 (Independent Highway District No. 2 v. Ada County) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Independent Highway District No. 2 v. Ada County, 134 P. 542, 24 Idaho 416, 1913 Ida. LEXIS 161 (Idaho 1913).

Opinions

SULLIVAN, J.

This is an original proceeding in this court whereby application is made by Independent Highway District No. 2 of Ada county for a writ of prohibition, prohibiting the board of county commissioners of Ada county from issuing and selling negotiable, interest-bearing coupon bonds of said county in the sum of $200,000, which bonds were [422]*422voted by the people of said county for the purpose of constructing and repairing the roads and bridges of said county.

It is alleged in the application for said writ that the plaintiff is a highway district in said county, organized and operating under the laws of this state; that on May 26, 1913, said board of county commissioners ordered an election to be held on June 25th for the purpose of determining whether or not said county should issue bonds in the sum of $200,000, the proceeds thereof to be used in the construction, building and repairing of roads and bridges within said county; the said election was held on June 25th, and the bond issue was carried by the required two-thirds vote; that said board of county commissioners are now proceeding without authority of law and in excess of their jurisdiction, and have given notice that said bonds will be sold on July 24, 1913, and that they will sell and expend the proceeds thereof contrary to law unless restrained by a writ of prohibition; that said bonds, if sold, will be a lien upon the taxable property within said highway district and the property owners therein will be assessed according to the value of their property for the payment of interest on said bonds, and for providing a sinking fund to redeem them; that the alleged purpose for which the bonds are to be issued is indefinite and uncertain and not as required by law, and that it cannot be determined therefrom whether the roads and bridges will be of benefit to all parts of said county, and that the applicant believes that all of the proceeds of said bonds will be used outside of said highway district and not for the benefit of the residents of said district; that the defendants have not made any levy for either road or bridge fund for the year 1913, and it cannot be determined whether or not the indebtedness or liability for the eonstruetion or repair of either roads or bridges for the year will exceed the income or revenue of the county for the year, but that plaintiff is informed that if said bonds are sold, defendants will not make any levy for general road purposes, but will issue and sell said bonds and use the proceeds thereof, if not restrained by this court, in lieu of the customary levy; that the proceeds of the bond issue if sold will be used in that part [423]*423of the county outside of said highway district, and that said district has no funds for the proper and necessary construction and repairs of its roads and bridges, and if the defendant board makes no road levy, as required by law, and is permitted to issue and sell the bonds in lieu of a proper tax levy, the plaintiff will then be compelled to make a special road levy which will amount to double taxation.

The answer of said board admits many of the allegations of the application or complaint, as to what the board has done and intends to do regarding the alleged bond issue, but denies that said board acted without the law and beyond the scope of their jurisdiction in doing the acts set forth in said application, and denies that the notice of election was indefinite and uncertain, and denies that the proposed expenditure will not benefit the residents and taxpayers in said highway district; denies that the residents and taxpayers of said district will be unlawfully compelled to pay taxes for the interest and sinking fund on said bonds, and denies that the residents of said highway district will suffer unjust taxation if said bonds are sold, and denies that the highway district will be compelled unjustly or unlawfully to contribute to the construction, maintenance and repair of the roads and bridges outside of their district. To said answer is attached the complete proceedings of -the board of county commissioners in connection with the proposed bond issue. '

The case was presented upon the issues thus made, it being conceded that only questions of law were involved in the ease. The plaintiff contends that the proposed bond issue will be illegal and void, and should be enjoined for the following reasons: 1. That notice calling for the election does not contain an adequate statement of the purpose for which the bonds are to be issued; 2. The purpose for which the election is called is a double one; 3. The proposed bond issue is unauthorized by the constitution and laws of the state; 4. The bonds, if issued as proposed, will result in double taxation in violation of the constitution.

Counsel for plaintiff contends, first, that the notice calling the election does not contain an adequate statement of the [424]*424purpose for which said bonds are to be issued. Said notice, after reciting the action of said board and declaring that in the opinion of the board it was for the best interests of the county and the public good to bond the county for the sum of $200,000 for the construction and repair of roads and bridges, proceeds as follows:

“Notice is hereby given that on Wednesday the 25th day of June, 1913, an election shall be held according to law for the purpose of determining whether or not the said Ada County, State of Idaho, shall issue bonds in the sum of Two Hundred Thousand Dollars, the proceeds thereof to be used in the construction, building and repair of roads and bridges within said Ada County, State of Idaho. ’ ’

It is contended that such notice ought to have specified the particular roads or bridges that were to be constructed, built and repaired; that that ought to be done so that the voter might determine whether or not the proposed bonds were such as the statute authorized, and so that the voter could intelligently approve or disapprove the plans of the commissioners, that there might be a reasonable limit placed upon the commissioners in spending the people’s money.

The provisions of sec. 1962, Rev. Codes, authorize the issuing of bonds by the county under certain conditions and for the following purposes: “For purchasing a site and erecting a courthouse and jail or a jail thereon, or for the construction or repair of roads or bridges,” and for other purposes which it is not necessary to state here. Sec. 1968 directs that if the question of bonding the county is submitted to the voters, the board shall cause notice of the intention to hold such election to be given and such notice shall recite, among other things, regarding the election, “the purpose thereof.” The notice of said election directs that such election shall be held for the purpose of determining whether bonds in the sum above stated shall be issued and the “proceeds thereof to be used in the construction, building and repair of roads and bridges within said county. ’ ’ The people, then, of Ada county were fully apprised by said notice that they were called upon to vote as to whether or not bonds should be issued in the sum [425]*425of $20,000 for the construction and repair of roads and bridges within the county, and the question is presented: Was it necessary that the notice specify the particular roads or bridges that were to be constructed or repaired by the proceeds of the sale of such bonds'?

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Cite This Page — Counsel Stack

Bluebook (online)
134 P. 542, 24 Idaho 416, 1913 Ida. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/independent-highway-district-no-2-v-ada-county-idaho-1913.