Independent Highway District No. 2 v. Ada County
Idaho Supreme Court
An original application for an alternative writ of prohibition to the board of county commissioners. The notice for calling for the election does not contain an adequate statement of the purpose for which the bonds are to be issued.
Read the full summary
An original application for an alternative writ of prohibition to the board of county commissioners. The notice for calling for the election does not contain an adequate statement of the purpose for which the bonds are to be issued. (McMahon v. Board of Supervisors, 46 Cal. 214; State v. Carbon County, 38 Utah, 563, 114 Pae. 522.) Roads and bridges are clearly specified as separate objects for which bonds may be issued by sec. 1962, Rev. Codes, just as they are in other provisions of the statute, and the language of this court in the case of Ostrander v. City of Salmon, 20 Ida. 153, 117 Pac.…
1Dissent
AILSHIE, C. J.,
Dissenting. — I have no doubt of the powers of the commissioners of Ada county to issue bonds for the purpose of building or constructing roads or bridges within the county when so authorized by a two-thirds vote of the qualified electors thereof. The only question to which I shall direct my attention here is the method pursued by the commissioners in bringing this question to a vote. I am fully satisfied that the resolution of the board of commissioners and the notice of election each fail to comply with either the provisions of the constitution as contained in sec. 3, art. 8,…
2Cases cited10 opinions
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
- Potter v. LainhartSupreme Court of Florida · 1902
- Howard v. Independent School District No. 1Idaho Supreme Court · 1910
- Ostrander v. City of SalmonIdaho Supreme Court · 1911
- Weston v. Hancock CountyMississippi Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.