Bannock County v. Bunting

Citations

• 4 Idaho 156
• 37 P. 277
• 1894 Ida. LEXIS 26

Syllabus

<p>Section 3602 of the Revised Statutes Construed — Issuing of Bonds, by Counties. — Counties may issue bonds to take up both, warrant and bonded indebtedness under section 3602 of the Revised Statutes of Idaho, when authorized so to do by a vote of two-thirds of the electors of the county voting at an election to be held for that purpose.</p> <p>Prerequisite for a Bond Issue — Must be Submitted to Vote of People. — The submission of the question to a vote of the people of the county is an indispensable prerequisite to the incurring of any indebtedness or liability for any purpose, exceeding in that year the income and revenue provided for it for such year, except for the ordinary and necessary expenses of the county.</p> <p>Warrant for $4,000 was in Excess of Revenue for the Year — Was. not an Ordinary and Necessary Expense — Was in Violation of Constitution. — A warrant issued for purchase of courthouse site at an expense of $4,000 incurred an indebtedness above the revenue of the current year, was not an ordinary and necessary-expense, and was issued in violation of the constitutional provision, section 3, article 8.</p> <p>(Syllabus by the court.)</p>