Reinhart v. Canyon County

Citations

• 22 Idaho 348
• 125 P. 791
• 1912 Ida. LEXIS 27

Syllabus

<p>Highways — Bridge Bonds — Tax Levy — Highway District Law-Construction of Bridges — Highway District Commissioners— County Commissioners- — Powers of.</p> <p>(Syllabus by tte court.)</p> <p>1. Sec. 15 of the highway district law (Sess. Laws 1911, p. 121) provides that the highway commissioners in a highway district shall constitute the highway board and shall have, except as provided in sec. 54 of said aet, exclusive general supervision and jurisdiction over all highways within the district.</p> <p>2. Sec. 17 of said aet provides that in respect to all highways included within such district, the power and jurisdiction of the highway board shall have exclusive jurisdiction except as provided in sec. 64 of said act.</p> <p>3. See. 64 has reference to the powers of municipal corporations included within the boundaries of a highway district.</p> <p>4. See. 16 of said aet is identical with see. 887a of chap. 60 of the Laws of 1911 (Sess. Laws, p. 168), and said chapter amends the general road and bridge laws under which the county commissioners operated.</p> <p>5. Sec. 1962 provides, among other things, that when the interests of the county require it, and the board of county commissioners deem it for the public good to bond the county for the construction or repair of roads or bridges and the indebtedness or liability of the county that may be created for the construction or repair of such roads or bridges exceeds the income or revenue of the county for that year, the board of county commissioners may issue bonds of the county as provided in sec. 1960, provided the issuance of such bonds is authorized by a vote of two-thirds of the qualified electors of the county.</p> <p>6. See. 1963 provides, among other things, that the board must cause to be levied annually upon all of the taxable property of the county, in addition to other authorized taxes, a sufficient sum to pay the interest on all such bonds. Held, that the provisions of said sections construed together show