Reid v. Lincoln County

• Decision Date: 24 June 1912
• Citation: 125 P. 429,46 Mont. 31
• Parties: REID v. LINCOLN COUNTY et al.
• Court: Montana Supreme Court

125 P. 429

46 Mont. 31

REID v. LINCOLN COUNTY et al.

Supreme Court of Montana

June 24, 1912

Appeal from District Court, Lincoln County; J. E. Erickson, Judge.

Action by Robert Reid against Lincoln County and the Board of County Commissioners of Lincoln County, and Paul D. Pratt and others, Commissioners. From a judgment for defendants plaintiff appeals. Affirmed.

Noffsinger & Walchli, of Kalispell, for appellant.

Albert J. Galen, Atty Gen., and James W. Scott and Booth & Maiden all of Libby, Logan & Child, of Kalispell, and Rowland & Gray, of Libby, for respondents.

SMITH J.

The only question involved in this appeal is whether plaintiff's amended complaint states facts sufficient to constitute a cause of action. The district court sustained a general demurrer thereto and entered judgment in favor of the defendants. Plaintiff appeals from the judgment.

The action was begun by the plaintiff, a citizen and resident of Lincoln county, to restrain the individual defendants, who comprise the board of county commissioners of said county from selling and issuing the negotiable bonds of the county to the amount of $125,000 for the purpose of raising funds with which to construct roads, bridges, and ferries in the county. The proceedings had by the defendants looking to the bond issue are set forth at length in the amended complaint, as follows:

"The following resolution was adopted by unanimous vote: 'Whereas, the county commissioners of Lincoln county, Montana, do deem and consider that it is essential to the future growth and prosperity of the county that an adequate system of highways, bridges and ferries be constructed through the county, all connected and making accessible each city and town of the county with one another and with every part of the county, to the end that the said county may develop its immense natural resources now largely latent by reason of the lack of roads and bridges and ferries throughout the county; that the present road and bridge and ferry facilities are quite inadequate; that a system of roads and bridges and ferries connecting the various parts of the county are so naturally and necessarily related that they are in fact a single project, consisting of interdependent parts; that the acquisition of rights of way for such roads, sites for necessary bridges and approaches thereto and landings for ferries are essential to such proposed improvements as an entirety; that it is necessary and essential, and to the best interests of Lincoln county and all of the people and property holders thereof that Lincoln county incur indebtedness of one hundred and twenty-five thousand dollars for the purposes of raising funds in such amount with which to construct the proposed roads, bridges and ferries; and that the best way to raise such funds is to issue bonds against the general credit of the county of Lincoln, as provided by law: Now, therefore, be it resolved, and it is hereby resolved by the board of county commissioners of Lincoln county, Montana: That a system of roads, bridges and free ferries, comprising one general highway with branch roads, be laid out and constructed in manner as follows: Beginning at a point on the Lincoln county line southerly of Stryker; thence to continue northwesterly through Trego and Fortine to the town of Eureka, following the route of the existing public road; thence westerly to the village of Rexford, following said route; thence southerly and westerly on the east and south side of the Kootenai river to the city of Libby; thence westerly on the south side of the Kootenai river to the village of Troy. That a steel or iron bridge be constructed across the Kootenai river at the town of Troy. That a steel or iron bridge be constructed across the Kootenai river at the city of Libby. That a steel or iron bridge be constructed across the Kootenai river at the village of Rexford. That each of said bridges be connected with and be a part of said system of highways, bridges and free ferries. That there shall be constructed such other branch roads leading to and connecting with said system of highways, bridges and free ferries as the board of commissioners determine. That such free ferries as the board of county commissioners may deem necessary and as a part of said system of highways, bridges and free ferries shall be constructed for the purpose of and as a means of transportation across the Kootenai river. That from the proceeds of said bonds there shall be appropriated by the board of county commissioners for the construction and repair of said system of highways, bridges and free ferries the following amounts: The sum of forty-five thousand dollars for the construction, repair and improvement of said system of highways and bridges and free ferries located and situated within the boundaries of the road districts of Lincoln county numbered one, two, three, four, thirteen, fourteen and fifteen, respectively. The sum of forty thousand dollars for the construction, repair and improvement of said system of highways, bridges and free ferries located and situated within the boundaries of the road districts of Lincoln county numbered five, six, seven, eight, nine, sixteen, seventeen, eighteen and nineteen, respectively. The sum of forty thousand dollars for the construction, repair and improvement of said system of highways, bridges and free ferries located and situated within the boundaries of the road districts of Lincoln county numbered ten, eleven, twelve, twenty and twenty-one, respectively. That all roads now laid out and built or partly built along the proposed routes, or any of them, shall as far as practicable, be repaired and utilized in definitely established roads and highways. That none of the money obtained by this proposed bond issue be expended upon any roads or highways used as a part of or connecting the said system of highways and bridges and free ferries situated within the corporated limits of any incorporated city or town, save and except necessary approaches to any bridge or free ferry. That the necessary sites for all proposed bridges across the Kootenai river and the necessary approaches thereto and the construction of the said bridges, iron or steel, shall be procured and done in conformity of law. That a special election of the qualified electors of said Lincoln county, Montana, be called and the same is hereby ordered called to be held on Saturday, the 28th day of October, 1911, in form and manner as provided by law, at which the proposition of so bonding the said county, in the sum of one hundred and twenty-five thousand dollars be submitted to such electors for their approval or rejection. That a copy of this resolution be spread upon the records of the board of county commissioners.'

"The following proclamation was adopted: 'Be it resolved, that a proclamation for a special election for bonds for a system of highways and bridges and free ferries be issued and published by the county clerk in the manner prescribed by law; that the proclamation be published in the Eureka Journal, the Western News and the Libby Herald; and that the clerk attach the seal of Lincoln county to said proclamation, which proclamation is as follows: Election Proclamation. By the Board of County Commissioners of Lincoln County, Montana. By virtue and in pursuance of the authority vested in the board of county commissioners of Lincoln county, Montana, we, Paul D. Pratt, F. P. Garey and I. P. Bartlett, the duly elected, qualified and acting commissioners of the county of Lincoln, state of Montana, and as such constituting the board of county commissioners of said Lincoln county, do hereby proclaim that on Saturday, the 28th day of October, 1911, there will be held in the several election precincts of Lincoln county, state of Montana, a special election by the qualified electors of the county of Lincoln, to submit to said qualified electors for their approval or rejection the proposition to raise money for public improvements desired to be made in the said county of Lincoln, as follows, to wit: The issuance of coupon bonds in the amount of one hundred and twenty-five thousand dollars, such bonds to be redeemable in fifteen years and payable in twenty years, and to bear interest at the rate of five per cent. per annum, interest payable semiannually at the time prescribed by law, for the repair and construction and improvement of a system of highways and bridges and free ferries in accordance with law within the county of Lincoln, as follows, to wit: Beginning at a point on the Lincoln county line southerly of Stryker; thence to continue northwesterly through Trego and Fortine to the town of Eureka, following the route of the existing public road; thence westerly to the villiage of Rexford, following said route; thence southerly and westerly on the east and south side of the Kootenai river to the city of Libby; thence westerly on the south side of the Kootenai river to the village of Troy. That a steel or iron brige be constructed across the Kootenai river at the town of Troy. That a steel or iron bridge be constructed across the Kootenai river at the city of Libby. That a steel or iron bridge be constructed across the Kootenai river at the village of Rexford. That each of said bridges be connected with and be a part of [said] system of highways, bridges and free ferries. That there shall be constructed such other branch roads leading to and connecting with said system of highways, bridges and free ferries as the board of county commissioners determine. That such free ferries as the board of county commissioners may deem necessary and as a part of said system of highways, bridges and free ferries shall be constructed for the purpose of and as a means of transportation across the

...