"COMPLAINT.
"The
plaintiff complains and alleges:
"1.
That plaintiff is a political subdivision of the state of
Idaho and a county of said state.
"2.
That the defendant the Bullen Bridge Company is either a
copartnership composed of individuals unknown to plaintiff
an association of persons whose names and residences are to
plaintiff unknown, or a corporation, the members and officers
of which and the place where organized being to plaintiff
unknown; and plaintiff asks permission, when it is
ascertained whether or not said Bullen Bridge Company is a
partnership or association or corporation, to amend its
complaint accordingly.
"3.
That the defendant the First National Bank of Idaho is a
corporation organized and existing under the laws of the
United States, and doing business in Ada county, state of
Idaho.
"4.
That the Falk-Bloch Mercantile Company is a limited
corporation, organized and existing under the laws of the
state of Idaho and doing business in Ada and Canyon counties,
Idaho.
"5.
That the real names of the defendants John Doe and Richard
Roe are unknown to plaintiff, and plaintiff asks leave to
insert the real names of said defendants in the place of said
fictitious names when said real names are ascertained.
"And
for a first cause of action herein the plaintiff alleges:
That on the twenty-first day of July, 1891, at Boise City, in
Ada county, state of Idaho the board of county commissioners
of said Ada county, at a special session of said board, held
at said place, made and entered into a contract in writing
with the defendant the Bullen Bridge Company, which said
contract was signed by C. T. Bilderback, chairman of said
board, in behalf of said board, and by C. A.
Bullen, as agent, in behalf of said Bullen Bridge Company,
which said contract was and is in words and figures
following, to wit:
"'This
contract, made this twenty-first day of July, A. D. 1891, by
and between the Bullen Bridge Company of Pueblo, Colorado,
party of the first part, and the board of county
commissioners of Ada county, and state of Idaho party of the
second part, witnesseth: That the said party of the first
part contracts and agrees to and with the party of the second
part to build, paint, and make complete, and have ready for
use by the 1st of March, 1892, for the party of the second
part, the substructure, superstructure, and approaches for a
wrought-iron highway bridge over the Boise river, near Boise
City, county of Ada, state of Idaho. Said bridge to be built
in one span two hundred and ten feet in length, with one
twenty-two foot apron at each end, and to have one roadway
thirty feet wide in the clear. Substructure to consist of
iron cylinder piers as shown by plans. All the materials for
said bridge, including abutments, piers, and approaches, are
to be furnished by the party of the first part, and are to be
of good and suitable quality; and the work is to be done in a
thorough, workmanlike manner in accordance with the plans,
specifications, and profile on file in the auditor's
office, and forming a part of this contract. And the party of
the second part contracts and agrees to pay to the party of
the first part the sum of twenty-two thousand ($ 22,000)
dollars. Payment to be made for said bridge in warrants drawn
on the general bridge fund as follows, viz.: $ 13,000 on the
delivery of the iron material for said bridge at Boise City,
$ 5,500 on the completion of the substructure, and the
remaining $ 3,500 on the completion and acceptance of said
bridge. And the party of the first part will not be held
responsible for unavoidable accidents or delays in
transportation, or for the elements.
(Signed)
"'THE BULLEN BRIDGE COMPANY,
"'By
C. A. BULLEN, Agent.
"'C.
T. BILDERBACK,
"'Chairman
Board of County Commissioners, Ada County, Idaho.'
"That the total income and revenue provided
for said Ada county for the said year 1891 was the sum of $
60,697.49, and for the year 1892 was the sum of $ 72,978.95.
That the total amount of income and revenue provided for the
general bridge fund of said Ada county, for said year 1891,
was the sum of $ 1,538.68, and for
said year 1892 was the sum of $ 8,792.84. That prior to the
issuance of the first of the warrants hereinafter referred to
and provided for in said contract, warrants of said Ada
county upon the general bridge fund of said county had been
duly and regularly allowed, order drawn and given over to the
owners thereof in an aggregate sum equal to the amount in
each fund for the year 1891. That the revenue and income of
said Ada county for said years 1891 and 1892 raised for and
appropriated to and placed in the other funds in the treasury
of said county was duly and regularly appropriated and used
during said years in paying the current expenses of said
county, and in taking up warrants of said county drawn on
such funds.
"2.
That on the twenty-fifth day of February, 1892, in accordance
with the terms of said contract, warrants numbered 94 to 106,
inclusive, drawn on the general bridge fund of said county,
each of said warrants being for the sum of $ 1,000, and
making the aggregate sum of $ 13,000, were duly issued to the
defendant the Bullen Bridge Company, and by said defendant,
and through its agent, Charles A. Bullen, drawn and accepted.
That on the seventh day of April, 1892, warrants numbered 109
to 113, inclusive, each in the sum of $ 1,000, and warrant
numbered 114, in the sum of $ 500, on the general bridge fund
of said Ada county, and aggregating the sum of $ 5,500, were
duly issued to the defendant the Bullen Bridge Company, by
reason of and under the terms of said contract, and by said
defendant accepted. That on the eighteenth day of April,
1892, warrants numbered 143, 144 and 145, in the sum of $
1,000 each, and warrant numbered 146, in the sum of $ 500,
and aggregating the sum of $ 3,500, were duly drawn in
accordance with the terms of said contract on the general
bridge fund of said county, and issued to the defendant the
Bullen Bridge Company, and accepted by said defendant. That
the aggregate amount of said warrants issued
under said contract and accepted by said defendant was and is
the sum of $ 22,000.
"3.
That no question relating to the making of said contract or
the issuance or delivery of said warrants, or any of them,
was ever submitted to a vote of the electors of said Ada
county, and no provision was ever made for the collection of
an annual tax sufficient to pay the interest on said
warrants, or to provide a sinking fund for the payment of the
principal thereof, and no provision at said time or since has
been made for the payment of either the principal or interest
of said warrants; and that, as plaintiff is informed and
believes, and therefore alleges, said contract was beyond the
power of the said board of county commissioners to make, and
was null and void; and that said indebtedness and liability
incurred against said county by reason of the issuance and
delivery of said warrants, and each of them, was and is null
and void; and that said warrants, and each of them, which
have not heretofore been paid, were and are null and void.
"4.
That said warrants numbered 94, 95, 96, 97, 98, and 99, each
in the sum of $ 1,000, and aggregating the sum of $ 6,000,
have heretofore been paid out of the revenues of said Ada
county for the years 1891, 1892 and 1893, but that the
remainder of said warrants, numbered 100 to 106, inclusive,
and 109 to 111, inclusive, and 143 to 146, inclusive, and
aggregating the sum of $ 16,000, are still unpaid.
"5.
That the defendants the First National Bank of Idaho the
Falk-Bloch Mercantile Company, C. A. Bullen, John Doe and
Richard Roe, the names of the last two defendants being to
the plaintiff unknown, as heretofore set forth, own or claim
and pretend to own, as plaintiff is informed and believes,
and therefore alleges, some interest in said warrants, the
exact interest being to plaintiff unknown.
"6.
That to allow said warrants to remain outstanding impairs the
credit of plaintiff, and also prevents plaintiff from bonding
its legal indebtedness, and is against the interests of
plaintiff and its inhabitants.
"And
for a second cause of action herein plaintiff complains and
alleges:
"1. That on the ninth day of August, 1892, at
Boise City, in Ada county, state of Idaho the board of county
commissioners of said Ada county, at a special session of
said board, held at said place, made and entered into a
contract in writing with the defendant the Bullen Bridge
Company, which said contract was signed by C. T. Bilderback
chairman of said board, in behalf of said board and by C. A.
Bullen, as agent, in behalf of said Bullen...
