Yale Highway Dist. v. Oregon Short Line R.

HUNT, Circuit Judge.

The Yale Highway District, organized under the highway laws of the state of Idaho, is 15 miles long and from 1% to 6 miles wide, taking in. about.15 miles of the right of way of the appellee railroad company. In November, 1923, at an election held in tbe district, a bond issue of $75,000 was voted to construct' and maintain highways. In order to pay interest on the bonds and to create a sinking fund, an annual ad valorem tax on all taxable property in tbe district is in contemplation. The railroad company sued to enjoin the appellant authorities from negotiating or selling…