Show BOISE IDAHO COUNTY CONTROVERSY SETTLED Court Cn Case c e of fit Shio Iho County s N County noise BoIse Idaho Feb id 3 Tho state HU su premo court line hn Just ju handed landed down dowis n It decision In the tho suit Ault of oC Shoshone coun county county coUnt ty t against t Nez Ne county COUll In which both parties claim to have won points I Shoshone county COUII prayed for tor u it writ rit of 01 mandate to compel Nez Perce county to Issue warrants of the tM county count to Sho Shoshone Shoshone Shoshone shone to the tho amount of or n a sum Rum found taunt by accounts to bo lie due the latter county coun anti and this Is 11 ordered Is ls Issued sued lIuell by court The Thi court COUlt finds how however ever In favor ta 01 of ot Nez eZ county count In jl Its contention that the portion n QC of Sho ShoshonI shonI county annexed to 10 Nez shall pay the represented by 11 tho thu warrants The court co rt that the warrants arrants will be nn an obligation ohU of ot Nez county only on I ns as agent for Shoshone Sho honl county III In the collection of ot taxes In the annexed district levied Iclet by hy ShoshonI county count und tint to N ez Z county for tor collection The court cour holds I that thit coun coup county county ty has hita authority to levy 10 taxes tax os on ott nil all Its former territory for lor payment of ot Its Indebtedness whether or war warrants warrants rants Rut It shall shah levy loy such Ruch tuxes taxes against t tho the segregated territory for tor payment of or Its ratable proportion of or orthe the debt d bt as n determined by h accountants These taxes collected by b Nez ez Perce will apply OR on theon warrants The de etc decision decIsion wan written by lIy Justice tutu concurred In Iii by 11 Chief Justice Stock lafer Justice dissent dissentIng Ing mr The Tho case originated or from nn an application 1111 ration cation on behalf of ot Shoshone county for a n writ snit of ot mandate inundate to com compel I itch pel certain of ot Nez ez Perce coun noun county I Ity ty to Issue warrants on the general fund filial of ot that county for rOI the sum suits of ot which amount was certified to by accountants appointed under cinder pro provision provIsion vision of ot an on net act of the thc Legislature of ot March 10 1903 The fhe controversy grow out of ot the detachment of or a n portion of ot tho the territory of or Shoshone county annexing the tho th same to Nez 11 Pence Perce coup cOlin county I ty t pursuant to the thc provisions previsions of ot that act lIet Defendant Interposed a general demurrer to 10 plaintiffs complaint anti and argument of ot that demurrer was ns dl to the constitutionality con of ot the annexation act antI and to the tho constitutionality of ot ho tie provision of ot the thenet net act requiring tho that warrants to be I cred ered to Shoshone county count by h Nez ez Perce county count |