Sims v. Milwaukee Land Co.

Citations

• 20 Idaho 513
• 119 P. 37
• 1911 Ida. LEXIS 118

Syllabus

<p>Ferries — License—Record op Board op Commissioners — Suppiciencv op Proop.</p> <p>(Syllabus by the court.)</p> <p>1. Where application, is mads for a ferry license and a license is authorized and granted by the board of county commissioners, it will be presumed that the board performed their duties as required by law and that sueh license was issued according to law and is valid upon its face, and in the absence of evidence to the contrary is prima facie sufficient to show the right of the party to whom the license was issued to construct and operate sueh ferry.</p> <p>2. Where the board of county commissioners, upon an application for a ferry license, takes all the steps required by statute but mislay or lose the papers and documents filed by the applicant and such papers and documents cannot be produced, and the board has failed to make a record of such proceedings, then and in such ease it is proper for the applicant to show by oral testimony what the board in fact did do, and the board’s entire proceedings. This would in no way contradict the record of the board, and was the only way to prove the acts of the board, and was the best evidence obtainable for the purpose of proving such matter.</p> <p>3. The statutes of this state require certain proceedings to be taken by the applicant and the board of county commissioners in granting a ferry license, and if the statutory proceedings are taken and the board issues a license, súeh license will be held valid notwithstanding the fact that the complete proceedings of the board were not made a matter of record on the minute-book.</p> <p>4. Under the provisions of sees. 1911 and 1912, Kev. Codes, the board of county commissioners are required to keep a minute-book in which must J)e recorded all orders and decisions made by them and the daily proceedings had at all regular and special meetings, but the statute does not make this requirement a jurisdictional matter; in other words, the statute does not make the recordin