State ex rel. Moon v. Jonasson, No. 8449

CourtUnited States State Supreme Court of Idaho
Writing for the CourtKEETON; TAYLOR
Citation299 P.2d 755,78 Idaho 205
PartiesThe STATE of Idaho, on relation of Ruth G. MOON, Treasurer of the State of Idaho, Petitioner-Respondent, v. A. B. JONASSON, as Secretary of the Department of Commerce and Development of the State of Idaho; Roscoe C. Rich, David P. Jones and Leonard K. Floan, Directors of the Idaho Board of Highway Directors of the State of Idaho; E. V. Miller, State Highway Engineer, and Wayne Summers, Secretary of the Idaho Board of Highway Directors, Respondents, A. B. Jonasson, as Secretary of the Department of Commerce and Development of the State of Idaho, Appellant.
Decision Date10 July 1956
Docket NumberNo. 8449

Page 755

299 P.2d 755
78 Idaho 205
The STATE of Idaho, on relation of Ruth G. MOON, Treasurer of the State of Idaho, Petitioner-Respondent,
v.
A. B. JONASSON, as Secretary of the Department of Commerce and Development of the State of Idaho; Roscoe C. Rich, David P. Jones and Leonard K. Floan, Directors of the Idaho Board of Highway Directors of the State of Idaho; E. V. Miller, State Highway Engineer, and Wayne Summers, Secretary of the Idaho Board of Highway Directors, Respondents, A. B. Jonasson, as Secretary of the Department of Commerce and Development of the State of Idaho, Appellant.
No. 8449.
Supreme Court of Idaho.
July 10, 1956.

[78 Idaho 207] Graydon W. Smith, Atty. Gen., Elbert E. Gass, T. J. Jones, III, Asst. Attys. Gen., for appellant.

Page 756

J. F. Martin, C. Ben Martin and Chas. E. Winstead, Boise, for respondent.

[78 Idaho 208] KEETON, Justice.

The Legislature, by Chapter 234, 1955 S.L. created a Department of Commerce and Development. Among other things the purpose of such Department is to advertise the State, its resources and tourist attractions. Sec. 6, of said Act in part provides:

'There is hereby transferred and appropriated to the Idaho Development and Publicity Fund the following sums of money:

'From the Highway Fund for the purpose of advertising the highways of the State of Idaho and encouraging travel thereon and thus creating revenue to the said fund $50,000.00.'

A. B. Jonasson, appellant here, is secretary of said Department so created. He made demand on the State Treasurer, Ruth G. Moon, respondent here, to transfer from said Highway Fund to the Idaho Development and Publicity Fund, said sum so appropriated. She refused on the ground that the portion of said Sec. 6, transferring said sum of $50,000 from the Highway Fund, is unconstitutional, contending the same is in direct conflict with Sec. 17, Art. VII of the Idaho Constitution, which reads:

'On and after July 1, 1941 the proceeds from the imposition of any tax on gasoline and like motor vehicle fuels sold or used to propel motor vehicles upon the highways of this state and from any tax or fee for the registration of motor vehicles, in excess of the necessary costs of collection and administration and any refund or credits authorized by law, shall be used exclusively for the construction, repair, maintenance and traffic supervision of the public highways of this state and the payment of the interest and principal of obligations incurred for said purposes; and no part of such revenues shall, by transfer of funds or otherwise, be diverted to any other purposes whatsoever.'

Mrs. Moon, as State Treasurer, brought this action seeking judicial determination by way of declaratory judgment of the constitutionality of that portion of the Act transferring said $50,000 from the State Highway Fund to the Idaho Development and Publicity Fund.

The facts were stipulated and the Honorable M. Oliver Koelsch, District Judge, held that Sec. 6, of Ch. 234, 1955 S.L., insofar as it attempts to transfer and...

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11 practice notes
  • Verska v. Saint Alphonsus Reg'l Med. Ctr., No. 37574–2010.
    • United States
    • United States State Supreme Court of Idaho
    • November 9, 2011
    ...itself and must be given the interpretation the language clearly implies.’ ” 97 Idaho at 596, 548 P.2d at 862 (quoting State v. Jonasson, 78 Idaho 205, 210, 299 P.2d 755, 757 (1956)). In Herndon, we said: “We must follow the law as written. If it is socially or economically unsound, the pow......
  • Verska v. Saint Alphonsus Reg'l Med. Ctr., 37574–2010.
    • United States
    • United States State Supreme Court of Idaho
    • November 9, 2011
    ...itself and must be given the interpretation the language clearly implies.’ " 97 Idaho at 596, 548 P.2d at 862 (quoting State v. Jonasson, 78 Idaho 205, 210, 299 P.2d 755, 757 (1956) ). In Herndon, we said: "We must follow the law as written. If it is socially or economically unsound, the po......
  • McGraw v. Hansbarger, No. 15676
    • United States
    • Supreme Court of West Virginia
    • March 31, 1983
    ...Charlotte County v. Alford, 107 So.2d 27 (Fla.1958); Rich v. Williams, 81 Idaho 311, 341 P.2d 432 (1959); State ex rel. Moon v. Jonasson, 78 Idaho 205, 299 P.2d 755 (1956); Patterson v. Iowa Bonus Bd., 246 Iowa 1087, 71 N.W.2d 1 (1955); Edwards v. Parker, 332 So.2d 175 (La.1976); Irion v. L......
  • Rich v. Williams, No. 8788
    • United States
    • Idaho Supreme Court
    • June 24, 1959
    ...attempting to provide otherwise is unconstitutional. Roach v. Gooding, 11 Idaho 244, 81 P. 642; State ex rel. Moon v. Jonasson, 78 Idaho 205, 299 P.2d 755. Page 435 In determining the constitutionality of a legislative enactment, fundamental principles must be borne in mind, and rigidly obs......
  • Request a trial to view additional results
11 cases
  • Verska v. Saint Alphonsus Reg'l Med. Ctr., No. 37574–2010.
    • United States
    • United States State Supreme Court of Idaho
    • November 9, 2011
    ...itself and must be given the interpretation the language clearly implies.’ ” 97 Idaho at 596, 548 P.2d at 862 (quoting State v. Jonasson, 78 Idaho 205, 210, 299 P.2d 755, 757 (1956)). In Herndon, we said: “We must follow the law as written. If it is socially or economically unsound, the pow......
  • Verska v. Saint Alphonsus Reg'l Med. Ctr., 37574–2010.
    • United States
    • United States State Supreme Court of Idaho
    • November 9, 2011
    ...itself and must be given the interpretation the language clearly implies.’ " 97 Idaho at 596, 548 P.2d at 862 (quoting State v. Jonasson, 78 Idaho 205, 210, 299 P.2d 755, 757 (1956) ). In Herndon, we said: "We must follow the law as written. If it is socially or economically unsound, the po......
  • McGraw v. Hansbarger, No. 15676
    • United States
    • Supreme Court of West Virginia
    • March 31, 1983
    ...Charlotte County v. Alford, 107 So.2d 27 (Fla.1958); Rich v. Williams, 81 Idaho 311, 341 P.2d 432 (1959); State ex rel. Moon v. Jonasson, 78 Idaho 205, 299 P.2d 755 (1956); Patterson v. Iowa Bonus Bd., 246 Iowa 1087, 71 N.W.2d 1 (1955); Edwards v. Parker, 332 So.2d 175 (La.1976); Irion v. L......
  • Rich v. Williams, No. 8788
    • United States
    • Idaho Supreme Court
    • June 24, 1959
    ...attempting to provide otherwise is unconstitutional. Roach v. Gooding, 11 Idaho 244, 81 P. 642; State ex rel. Moon v. Jonasson, 78 Idaho 205, 299 P.2d 755. Page 435 In determining the constitutionality of a legislative enactment, fundamental principles must be borne in mind, and rigidly obs......
  • Request a trial to view additional results

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