Atkinson v. Board of Commissioners

Citations

• 18 Idaho 282
• 108 P. 1046
• 1910 Ida. LEXIS 18

Syllabus

<p>Constitutional Law — Railboad Districts — Inhibition or the Constitution.</p> <p>(Syllabus by tbe court.)</p> <p>1. The act of the legislature approved March 16, 1909 (Sess. Laws 1909, p. 238), providing for the formation of railroad districts and the voting of bonds and purchase or construction of railroads by such districts and providing for operating or leasing the same, is in violation of the provisions of see. 4 of art. 8 of the state constitution and contrary to the spirit of secs. 2 and 3 of art. 8 and see. 4 of art. 12 of the constitution.</p> <p>2. That which the constitution direetly prohibits may not be done by indirection or by a general legislative act which is meant and intended to include and accomplish the purposes and objects specifically or impliedly prohibited.</p> <p>3. It was never anticipated or intended by the framers of the constitution that counties, or. other political subdivisions, would or could enter into the business of railroad building, but, on the contrary, the specific prohibitions found in the constitution manifest a clear purpose and intent to prohibit the state or county, or any subdivision thereof, from entering into any sueh enterprise.</p> <p>4. The building of a railroad is not within itself an exercise-of governmental power, but is purely a business enterprise, and if it is to be engaged in by the state or any of its political subdivisions, it must be done by virtue of tbe proprietary powers of tbe state or political subdivisions thereof and not under tbe police or general welfare powers of tbe state.</p>