3^ C^9l r^i f 1 v^^^^^l m • -""'^_ \^^^^^^H m 1 ^. i^^ v*^ ■jiKfpVJrA' roC irrt: ^(^ojnvijo^- o^LUi,\NUtLj^,J^ -^ /.iiru% z^y "^n ^c> \ CKj//^^ 1 ir— INVENTORY OF TliE COUNTY ARCHIVES OF IDAHO Prepared by The Idaho Histor4cal^ Records Survey Project Division of Professional and Service Projects Work Projects Administration No. 28, KOOTENAI COTOTTY (COEUR D'ALENE) Boi^Of Idaho The Idaho llistorxcaJ/ Records Survey Project October 1939 The Historical Records Survey Program Luther H, Evans, Director Robert H. Slover, Regional Supervisor Allen B, Eaton, State Supervisor Division of Professional ajid Service Projects Florence Kerr, Assistant Commissioner Ivlary Isham, Chief Regional Supervisor Harold M, Pugmire, State Coordinator VroRIv PROJECTS ADIIIHISTRATION F, C. Harrington, Commissioner R, L, Nicholson, ^gional Director 0. K, Hine, State Administrator. FORLWOl© |_^ (^2 ,^ The Inventory of Covnty Archives of Idaho is one of a number of bibliographies of historical materials prepared throughout the United States by v/orkers on the Historical Records Survey Program of the '.Vork Projects Administration, The publication herev/ith presented, an invent- ory of the archives of Kootenai Covinty, is nuiaber 28 in order of alpha- betical arrangment of the Idaho series. The Historical Records Sui^rey Program vra-s imdertaken in the mnter of 1935-36 for the purpose of providing useful emplojinent to needy unem- ployed historians, layjyers, teachers, and research ejid clerical workers. In carrying out this objective, the project ivas orgaiiized to compile in- ventories of historical materials, particularly the ujiipublished govcmiucnt documents and records which arc basic in the administration of local gov- ernment, and which provide invaluable data for students of political, eco- nomic, and social history. The archival guide herewith presented is in- tended to meet the requirements of day-to-day administration by the offi- cials of the county, and also the needs of Icvjryers, business men and other citizens who require facts from the public records for the proper conduct of their affairs. The volume is so designed that it can be used by the historian in his research m unpr5.nted sources in the same ■'.vay he uses the library ca,rd catalog for printed sources. The inventories produced by the Historical Records Survey Projects attempt to do more than give merely a list of records - they attempt further to sketch in the historical background of the coimty or other unit of government, and to describe precisely and in detail the organiz- ation and fimctions of the government agencies 7;-hose records they list. The coujity, tovm, and rtlicr I.-.cal invci-tcricc I^r t]y.' or.t ire ccUirty will, when completed, constitv>te an encyclopedia of local government as vrell as a bibliography of local archives. The successful conclusion of the -.Tork of the Historical Records Survey, even in a single covinty, would not bo possible without the sup- port of public officials, historical and legal specialists, o.nd many other groups in the community. Their cooperation is gratefully ackncTledged. The Survey Program was organized and has been directed by Luther H, T Evans, and operates as a nation-'/rido series of projects in the Division "^ of Professional and Service Projects, of which Mrs. Florence Kerr, Assistant Commissioner is in charge. '- F« C, Harrington Comi'.iissioner J PEEFACE Generally speaking there is little comprehension of the character or value of the records in the official county archives nor of the vrealth of information for historical research students as vrell as for others who vratnt to laiovf what records have been kept, for what periods, what they con- tain and just where they may be foimd. Accordingly, the Historical Rec- ords Survey Program, a nation-\Tide undertaking financed by the Work Pro- jects Administration, \to.s organized early in 1936. Originally a part of the Writers' Project, the Historical Records Survey Program was later sot up separately as an independent ::art of Federal Project No. 1, It opcro.t- od as a nation-wide YfPA Federally Sponsored Project until August 31, 1939# Since that date it has operated as a series of locally sponsored state- wide projects. The Historical Records Survey Program is preparing and publishing a separate volume on the oifioial county records for each co- unty in every state in the country besides pursuing v/ork on such projects as city and state records, m.anusoriptG and manuscript collections, and early imprints. In line v/ith this plan the Idaho Historical Records Survey Project will prepare mimeographed volu'ncs on t}\e official county records of each of the forty-four counties in the st.-.tc. The \,initn of the series are numbered in accordo-nce v/ith t]ic position of the county in the alphabeti- cal list. Presented herewith is number 28, the Kootenai County Inventory. The previously published volumes are number 34, Minidoka County; number 30, Lemhi Countyj number 11, Boundary County; and number 35, Nez Perce County, Part A of the inventory is designed to ^ iv3 the reader the background of the county's history and economic characteristics, governmental organi- zation and records system, through essays, outlines, maps, and a chart showing the county offices and the source of their authority. Part B con- sists of descriptive entries for the records of Kootenai County. Although all these entries are highly condonsed, they are explicit with regard to inclusive dates, descriptions of contents, indexing, and locations of rec- ord repositories. The various entries with their descriptions and other data are arranged in the order of their importance or thoir natural sequence under each office and are preceded by an essay on their legal background and evolution of the records required and on the history and functions of that office. To facilitate ita use, the inventory includes a table of contents and alphabetical and chronological indexes, also cross-references between all related records. The field v/ork in Kootenai Coi;nty was done for the most part by Mrs, Margaret Hall, The editing of the forms froiu the field vra.s done by Mrs, Mildred Brandt and the final editorial rechccking Tro.s done by Lois A, Englar, The research work for the govcrnmcntD.1 organization and office essays vrz\.s done by Jolin F, Ryan, Grateful acknowledgment is hercv;-ith made to the sponsor of tlie proj- ect in this state, George H. Curtis, Secretary of State and to the state Work Projects Administration officials for their cooperation and assist- ance. Appreciation is also expressed to all those county officials Y/ho showed a spirit of cooperation and rendered assistance in connection mth the field v/ork of listing, classifying and describing the records. Preface The Trarious individual voliAmcs of the Invent ory gf thc_ Cou nty Archives of Idaho ■will be issued for frc officials and the public libraries of ca of the volumes to certain state departme as state-nd-dc depositories in Idaho and and libraries outside of the state as ha depositories* Requests for information ume of the Inventory should be addressed Historical Records Survey Project, Work Idaho. :c distribution To the county oh particular county, and all nts and libraries designated to such government agencies ve been designated as national concerning any particular vol- te the State Supervisor, Projects Adninistration, Boise, Allen B, Eaton State Supervisor Idaho Historical Record: Stirvey Project Boise, Idaho October 1939 TABLE OP COI-ITEi'TTS A. Kootenai County and its Records System Page 1, Historical Sketch 3 li'Iap of Idaho 8 Iviap of Kcotenai County 9 2, Governmental Orgaiiization and Records System • lo The Territorial Period, Transition from Territorial to State Government. Legal Status of the County, Structure of the County. County Functions, Administration of Af- fairs. Supervision. Execution of the Fiscal Processes. Recording, Administration of Justice, Enf crcer.ient of Law and Ilaintenance of Peace, Supervision and Financial Support of Education, Conduct of Elections, Health and Sanitation, Social Welfare Activities. Building and Jfe-intaining Roads and Bridges, Agricultural Activities. Agent of the People and of County Subdivisions. Overlap- ping of Local Authorities iTith Each Otlicr and with State Authority, General Records £>ystcm. Chart of County Government 36 3, Housing, Care and Accessibility of the Records 37 4, Abbreviations, Sjnribols, and Explanatory ITotes 41 B, County Offices and tlicir Records I, Board of County Coinmissioners ., 45 Proceedings, Taxes, Claims and Allowances. Roads and Bridges, Bids and Contracts, Licenses, School Districts, Welfare, Pensions, Elections, Appointments, Reports, Juries, IJisccllancous, II, Recorder ,,..... 56 Reception Book, Deeds and Patents, Llining, I*ublic Land and Water Claims, Mortgage Records. Assignm.cnts, Releases, Attachments and Sales, Contracts and Leases, Corporations. Vital Statistics, Bonds. Powers and OatJis of Attorneys, Revocations, Farm Nam.c3, Brands, Soldiers* Discharges, Miscellaneous. Plats and I\japs, III, District Court .,,, .,, ,, 78 General Records, Civil Cases, Criminal Cases. Juries. Of- ficial Appointments. Naturalization, Coroner's Reports, IV, Probate Court , , , 89 Combined Cases, Fees, Y/ills and Estates. Guar dicjis hip. Civil Cases. Criminal Cases. Juvenile Records. Pensions, Marriages. Permits. Ivlisoellaneous. V, Public Administrator , ■ 103 VI, Justice of the Peace ,.,,.. 104 Justice Docket, Criminal Cases, Civil Cases. Fees. I.Iarriagcs, - 2 - Tabic of Contents Page VII. Sheriff 109 Process Docket, Reports, Criminal Cases, Licenses, VIII. Constable 113 IX, Coroner .,.•,,. 114 I. Prosecuting Attorney 116 XI* Assessor 119 Assessments. Levies and Exemptions, Tax Collections, Motor Vehicles, Certificates, Finances, Miscellaneous, Plats and Maps. XII. Board of Equalization ...... 130 XIII. Tax Collector 132 Assessments. Tax Collections. Reports. Apportionments, Delinquent Taxes. XIV. Treasurer 141 Finances, Road Accounts, School Accounts. Banlc Accoimts, Yiatcr and Light Accounts, Warrants. Reports. Bonds. Licenses. Tax Certificates, Correspondence. XV, Auditor (County Cleric) 150 Receipts and Disbi-irscmcnts, Budgets. Warrants and Claims. Bonds. Assessments, Delinquent Taxes, Elections, XVI, Superintendent of Schools ,.. 160 Receipts and Disbursements, Apportionments. Tuition Claims. Reports. Eighth Grade Record. Teachers and Trustees. Elec- tions. School District Boundaries, Correspondence. Plats and Maps, XVII. County Board of Health 168 XVIII. County Physician 169 XIX, County Welfare Commission 170 XX. Surveyor ..... ..... 172 Plats and liaps. Figid Notes. XXI, County Road Supervisor , ., 174 XXII. County Agricultural Agent ...... ,, 175 XXIII, Bibliography 178 Index, Chronological ,,.. , 181 Index, Subject , 183 - 3 - (First entry, p. 50) 1, HISTORICAL SKETCH OF KOOTENA.I COUNTY This general region vdth which we are here concerned has knovm many changes in its boundaries and was claimed at various times by Russia, Spain and England and after 1792 by both England and United States until, in 1846 England waived all rights in this territory south of the 49th parallel in favor of the United States (H, H. Bancorft, Bancroft's Works , 40 vols,, San Francisco 1884, vol, 28, ch. 15, pp. 331-3387T " Kootenai County, located toward the top of the narrowing northern pan- handle of the State of Idaho vrell on tovrard the Canadian border, is today bounded on the north by Bonner County, on the east by Shoshone County, on the south by Benevrah County and on the west by the Vfeshington-Idaho State Line, It came into existence by virtue of an act passed by the second sess- ion of the Territorial Legislature, 1864, which defined its boundaries so as to include all of Idaho north of the 48th degree of north latitude, which, strange to say, included none of what is now Kootenai Coimty. The act locat" cd the county seat at Scncaquoteen, situated on Clark's Fork about wh.cre the village of Laclcdo, Bonner County now stands. It further provided that when- ever fifty or more inhabitants applied to tho Governor for a county organiz- ation ho should appoint throe comnissionors who should, among other prescrib- ed duties, appoint the rest of tho county officers, ( L.T,I , 1864, ch, 30, p. 432.) Subsequent legislation changed the boundaries so as to include the present county of Kootenai and the Act of January 9, 1867 authorized tho county commissioners when appointed to locate the county scat (L.s turned out by the saw cj.id planing mills at Coour d'Alcno and Post Falls, Today those forest, v/hich 7rorc then thought to be inexhaustible, have been depleted to such an extent that many of the mills have been forced to cease operations and the lumbering industry in this county is definitely in decadence. Hovraver, near- ly half of the total area of the county is in the Coour d^Alonc National Forest Reserve, and the timber therein is being preserved for the future, Amoiig the mdnerals found are sine, lead, silver, copper, gold and arsenic, but the great mines of its neighbor, Shoshone County, so ovorshadow cvorything in this line that rclativoly little development has been attemp- ted, (French, op, cit., p. 187,) /.;; :•• ■ - 7 - Historical Sketch of Kootonai County (First entry, p. 50 ) The dcvclopncnt of a-riculturo in Kootenai County began around Haydcn Lr.kc and Rathdrum Prairie in the early 1380*s, but the presence of heavy forests and the absence of markets prcvc:;.tcd the tillage of lart;e areas (Federal Writers Project, Idaho Encyclopedia , CaldiToll 1938, pp. 296-297), It vrtis given irapctus by the opening to scttlcncnt of the Coeur d'AlcLio Reser- vation in 1909-10. The reservation situated entirely in Kootenai County contained approximately 625 square miles of four huiidred thousand acres. At least t\TO fifths of the land enbraccd is cultivable a;id of good fertility, (French, op. cit., p. 187.) Agriculture, horrcvcr, has been conjfincd chiefly to the valTeyFliJid to the rolling upla::ds of Rathdrun Prairie. This county lies in the belt of adeq uato rainfall, the precipitation being about 25 inches a year, br.t Tory littlo of it occvirs during the sumnor; accordingly the greo.test per acre production is found on the limited areas of irrigated land in the Spokane River valley v/Iiich total some 10,000 ftcros. There is a diversity of crops, ariong v/hich arc, vheat, barley, corn, cjnd. various vegetable crops, together with the several varieties of fruit. In 1954 it rajiked third ii\ pears, sixth in cherries and eighth in apples. Live- stock and dairying also occupy an inporto.nt place in Kootenai's farm industry; In 1934 it ranlrcd ninth, among Idaho's counties in the production of r.iilk, producing 2, 876, 345 gallons, (Fifteenth Census of the United States, Agricultviral Census , 2 vols., '.Tashington, D, G. 1936, vol. 2| pp. 622»»827j ^Federal lYritcrs' Project, op. cit ., pp. 296-297. Topographically Kootenai Cotrity is ;nade up of movintains and valleys. The mountains, the tCT;vering evergreens, the lakes and rivers combine to produce one of nature's glorious pai:.ora;".ias , For laatural charm and attract^ iveness there is probably nothing in Idaho which cxcclls it as a vrholc, aiid the beauty of its many lakes m.erits vj-orld-^^idc comparison, Cocur d'Alcnc Lalce, the largest, is more than thirty miles in length and varies from one to seven miles in Viddth, Kaydcn opA Spirit La-kes, though smaller are equa- lly picturesque. The irregular shore liiies of these lakes fon-.i cou:itloss oovcs and bays, affording unexpected ojnd alluring rctroats. This region, long a sportsmen's paradise, is rapidly becoming one of the great recreat- ional centers of the T,vcst; here many s'u:-.mer homes and car.ips arc being built, and its proximity to Spokane makes it an ideal spot for week-ends as YiTcll a.s for summer cottages. It is partly to this great resource, that tho business of this covmty looks for compensation for the decli:;c c£ the luinbcr industry. The present county officers of Kootenai County arc as follows: Board of county comjTiissioncrs, A. E, Limdcn, C, C, Robinson, Chester F. Hess; clerk of the district court, ex officio auditor and recorder, James a Foster; probate judgo, M, G, IfThitnoyj shoriff, S, J, lIcMillanj coroner, 11. K, C-rocn- woodj prosecuting attorney, William S. Hav/-kinsj assessor, Warren T, Sheppordj treasurer, E, G. Ostorberg; superintendent of schools, Edith Brebner; surveyor, William Ashley, 4o« C A M A iJ A STATE CF I DA HO SHOWING C GUN TIES F'ARAt.LfLS or L AT I TOPE AND LONCiTLDE: O RtfCKfltr TO IKl HiiSTORICAL E S 5AY ^ o State Capital, (boisl) (If-* COUNTY IS) 1,9 (^- O IN N E R C O IsMlriz vl ^ LAKC FENO i ORElL L C]S ~~ ~y- < f* C0R3 IN , it'^^V.-v I 5 Ml. I RAT HO RUM BALD ^Xl ( / '^ ■•.'O'.Vi-. /.>, /=ff-^.. ,f. .^ - '^OEUR / D' ALENE> I -^^ lo '^ 'i ^, :?:] ^ ^4 7H OF JUL K C^'ffose L. Q'FORO r^^ <^J MEOICir^C L. 'u P fif^ AC - i=e ■,:,. z^-' CAi^e L. WORUEI ,V.. BLAC AT L -.^ ^ f'^ 'i _ .j l" E G E M D "■^=0 mT >^\ ' ' ' ' Railroads (J., , r»'^-^-f r- 1- , us.FS. V CouNTr Roads \\ ' .. . 1'.'. — < — — U.S. i. 5 tat e Highways BENEWAH CO r.:~ 3 National j'?^^ Irrigated Lii>^i FoResT,s kLiHJ Lands AG-SiLvER PB- lead ZN-Zinc CU- Copper — I ^;1::' '.' . ;> i -.li-'f'.i^'-' S-^ V'U "i v. •*' .^-' .^ ..•.'' ■ ;> \ fi--- ' .*^ 1 1'l/v. i "■ ''■■ '''^~ i.^h.^..^''^.A■ vv'v ,M-> (First entry, p, 50 ) 2, GOVERmCEWTAL ORGANIZATION AM) RECOIiDS SYSTEM The Torritorial Period Some understanding of the theory end background of local govern- ments generally is a necessary prerequisite to a proper understanding of covuity government in Idaho in general and, Kootenai County in par- ticular. There are three t^^pcs of local government discernible in America, The first and oldest is the tov.-n or to^»jnship typo found in the No^v Eng- land States. The characteristics of the people and their mode of living made that type desirable, itiny of the settlers vrere tovmsfolk accustomed to town or city life. Danger from Indian attacks made the more compact unit necessary. It has been said of this type, that the larger unit, the township and the still larger unit, the state, had their beginnings in the local unit. The strictly county t;rpe embracing a lar^e area and many small tovms with little significance, as governmento.l units, develop- ed in the South, Not only did southern settlers diifer from the more hardy New Englanders in gcnercLl characteristics, but they were in a terri- tory where Indian tribes were comparatively peaceful. Economic pursuits, namely the "cultivation of large tracts of land, and the consequent neces- sity of living apart, made the Now England t-^rpo of local government con- stitute the third or ^dxed type found in the Horthv/cst, (James Bryce, American Commonwealth, abridged edition, London 1924, ch, 47, p. 410.) Hero wo have a"^btmiJy unit and a tovm imit vrithin the county, each poss- essing authority and in many respects each overlapping the authority of the other and cooperating vrith it. The territroy '.i'ich embraced the present states of Oregon, Vfoshington, Idaho, Lontano., and most of ITyoming is co: ,paratively new from the vievjpoint of organization and settlement. The t;rpe of local goverrjnent sot up here v/as not accidental but follo\ved a more or less vroll-def incd pattern already in use in other parts of the now continental United States. Variations crept in due to local conditions a.nd de^ loped to the extent that our local government is novj- considered as belonging to the mixed type. In the beginning the county unit rras the dominant authority on account of a T/ide expanse of territory and scattered villages of little governmental importance. The prominence of the municipal system grew with the influx of people and the grovrth of the medium and large torms, Imriicdiatoly prior to the organization of the territory of Idaho in 1863, the area v/as included in TTashington Territory and accordingly gets its governmental organization directly therefrom (U.S, Statutes at Large, Boston 1863, vol, 12, ch, 117, p, 808), lYa s hingt oirTeTrT€or~~wars~"c r e at e d ""rom part of the original Oregon Territory in 1853 (ibid,, vol. 10, ch, 0, p. 172). The old Oregon Territory v/as crco.tcd in 1846 (ibid,, vol. , ch, 177, p. 323), from territory vrfiich had formerl-y been cTaTmcd by reat Britain but v;-as ceded to the U, S. in 1546 (ibid,, p. 869), fr 90 9 Gre The area organized as a territory in 1848, and previously referred to as the Oregon Tcrritrry, had set up a provisional government as early as 1843 (Hubert K, Bancroft, History of the Pacific States, San Francisco 18L6, vol, 24, ch. 12, p. 2 927,""'" Thb"b ody ■oTTZ^flTdoptcrd'Tn 1843 vr'.s changed in 1844 (ibid., ch, 16, p. 425) and changed again in 1845 ( ibid ,, ch, 18, p, 470). ~"l:~tho latter year the final draft resembling a con- atitution v/as submitted to and accepted by the people. - 11 - GovGrnmcntal Organization and Records System - (First entry, p, 50) The Territorial Period The organization of this provisional govornmont is significant be- cause it marks the beginning of local gcvornncnt in the area, part of -.Thich later bocamo Idaho Territory, It vras stated in the prca.'n.blc to the pro- visional constitution that one of the purposes of organization was to div- ide the territory into not less than two nor more than five districts for the purpose of temporary government. At that time the organization com- mittee recommended dividing the territory into four districts and roughly defined their boundaries (ibid., ch, 12, p. 2(93), The constitution as submitted to the people in" I 845, provided thdt the House of Representative^ which ■'jVb.s made tho legislative branch of government, should have power to lay out the territory into suitable districts and apportion the represent- ation in that body (ibid., ch. 18, p. 474), Nowhere in the Organic Acts creating the territories of Oregon or Washington or in their constitutions, are found any specific grants of authority to create subdivisions. It is only by implication and interp- retation that the legislative assenblies have ass med this authority. The Organic Act, creating Oregon Territory in 1548, provided that the legislative power should extend to all rightful subjects of legislation consistent mth the constitution of the United States (U. S. Statutes at Large, Boston 1855, vol, 9, ch. 177, sec, 6^ p, 325), Tlicre is evidence that the Congress took into consideration the cjcistonce of subdivisions. It ^.vas provided that: "An apportionment (of representation) shall bo made &s nearly equal as practicable among the several coimtios or districts for tho election of tho council and house of representatives .... and the mombors of the council and house of representatives shall reside in and be inhabitants of tho district or county, or counties for which they may be elected respectively" (ibid., sec, 4, p. 324), The Organic Act creating Yfeshington Territory conferred the authority to create subdivisions only by imnlicp-tion as one of the povrors included in the general scope of authority (ibid., vol, 10, ch, 90, sec. 6, p. 175), V.lien the Congress created the territory of Idaho, the right to create dis- tricts cr counties for the purpose of electing representatives to tho tcrritoria.l legislature and all other officers not provided for, v/as con- ferred on the governor (ibid., vol. 12, ch. 117, sec, 7, p, 811), This provision vras interpreted to apply only to the period prior to the first meeting of the territorial legislature. The right to create new counties was conferred on the legislature by implication as \ic.s tho case v>rLth Oregon and Washington Territories (ibid., sec, 6, p. 810), As a matter of general practice, the creation of nci'i counties vras effected by the territorial and state legislatures with tho exception of one county (Latah) ViThich v;as created by an act of the U«S, Congress (ibid,, vol, 25, ch, 251, p. 147). YJhcn the territory of Idaho was created in 1863 the corn.tios of Nez Force, Idaho, Boise, Shoshone, and Missoula, virere tho five subdivisions inherited from Washington Territory (rliram T, French, Histor y cf Idaho , Chicago 1914, vol, 1, ch, 6, pp, 109-110), The first territorial leg- islature of Idalio redefined the borndarics of all these counties then existing vfcst of the Rocky i.Iountains (L,T,I, 1863-64, sec. 1, p, 628), All of those, are older than the territory of Idaho; each having been created by the lav/s of the territory of Washington, There is evidence that the redefining of the boundaries mentioned above did net disturb the government of those counties, although tho boundary lines were changed. - 12 - Govcrnmontal Orgcjiization and Records System •• (First entry, p. 50 ) The Territorial Period The first territorial lorislattirc nf Idaho. Hiaflo provision for a board of county commissionors for Idaho territorial ccuntioc but also provided that the boards of commissioners olocted under Vfeshington territorial law should hold office until t'-e next general election ( L.T»I . 1863-64, sec, 1, p. 523), Since the board of commissioners v/cre given power to appoint other officers, the legislators did not provide for the continuance in office of other county officials. It is likely that the rcspecti'tc county boards did not disturb those ivho had been chosen xmder the Vfoshington territorial la.vj-. If these conclusions are correct, the governmental organization of thOBe oountics antedates the organization of Idaho territory, Kootenai County v;as created in 1864 by an act of the second territorial legislature. The act creating the county made provision for its organi- zation when fifty of the residents petitioned the governor to appoint coimty commissioners and othcnvisc complete the organization, ( L.T»I . 1864, ch. 30, p, 432.) The county vra.s not organized vmtil 1861, At that time a county government -vixxs set up as provided by the enactment (Byron Dcfcnbach, Idaho,' vol* 1, p» 502), In the meantime the included territory vra.3 attached to Ncz Force County for civil and judicial purposes ( L,T»I , 1864, ch, 30, p. 432), The Organic Act creating the territory of Idaho did not make any specific provisions for the creation of a complete system of county government. Mention was made only of the appointment or election of tovm.- ship, district ojid county officers. It specifically stated that the method of choosing those should be loft to the governor and the legislative assembly. In the first inctnnce the governor alone was authorized to make these appointments to hold until the first session of the legislative assembly (U.S. St atutes at L arge , Boston 1863, vol, 12, oh, 117, sec, 7, p, 811), The only definite power granted by the act for the exercise of authority in the counties via-s the power vested in the governor to define judicial districts, assign judges to then and also appoint the time and place for holding court in the several counties until otherwise provided for by law ( ibid ,, sec, 15, p, 814), The Organic Act made no specific provision for a government of the territory betvraen tlarch 3, 1863 and the following December when the first territorial le.islature convened, passed laws and put t^em into effect, Tho Washington territorial legislature was not in session during this period and no questions of a legislative nature were involved. Although Washington territorial laws were not specifically adopted, local law enforcement under the Washington laws proba'^ly continued until after the new territorial laws wore approved. YJhon tho first territorial legislature convened in December 1863, la'jvs Yrere enacted to set up a county government, among which was a provis- ion for a set of county offices, slightly different in some respects from tho offices sot up by the first territorial legislature of Washington in 1854, and pretty much the same as they were in 1863 when Idaho Territory was created. Frovision was made for the folloviring officers: One Probate judge; one county clerk who vra.s to bo clerk of the probate court; one sheriff who vfas also to be tho tax collector; one assessor; one treasurer; one recorder v^ho vra.s to assume tho ox officio duties of auditor and clerk of tho board of conmissioncrs; one surveyor; one school superintendent and three county commissionors. For each election precinct there vroro to be: Two justices of the peace who wore to act as ex officio coroners in their ■J. ;• ^,. .■* . ■!■ : ..Ji Ay-; « v..'-.; » ; ■.T \:- ^;^'5^. ,T.. ;'.. -':■•■•"£-<■■■,•? rrr; * t « i '. ■ •' f' ;;i.,M •i .0 j •"■; r ; •■:vj •.>!=;: 'to'L .:'.;;; -v- ••■:;i'iv«vo-.( v?i'ic-' n. ,iov ,50' i.£..;i-:i • ■' J <■ ■■ ; \ -a ^^^t:Ji■r "t-YT I :' t _ .) , ■* ■■--•■ f -'■ I — 15 " GovGrnmenta.1 Organizaticn and Records System - (First entry, p, 50) The Territorial Period respective precincts; two constablesj one road supervisor to bo elected in each of the road districts of the county, ( L«T.I » 1863-64, sec, 1, p, 591.) The following differences bctrvTcen the Washington and Idaho county office structures are noted: The Washington law made the auditor, instead of the recorder, an elective officer, whereas the Idaho law made the re- corder the legal officer, serving ex officio as auditor ( L«T«W « 1854, p, 424), The Organic Act creating the territory of Idaho provided for the appointment of a clerk of the district court ( U»S, Statut es at Larg e, Boston 1863, vol, 12, ch, 117, sec, 9, p. 811)^i The Organic Act creating the yfeshington territorial government riiade a similar provision for a clerk of the district court (ibid,, vol. 10, ch, 90, sec, 9, p, 176) and the first territorial legislature enacted a lav/- giving this validity ( L»T,W « 1854, p, 366), The office of county clerk provided for by Idaho law was not recognized by Yfeshington statutes when Y/ashington Territory was organ- ized. The auditor was to act as clerk of the probate court ( ibid ,, p. 309) The county commissioners of YiTashington counties were given the right to divide the territory into road districts and appoint road supervisors (ibid., p, 348), The laws of Idaho provided for the election of road supervisors (L,T,I, 1865-64, sec. 2, p, 579), Washington lavf made provis- ion for a prosecut'ing attorney to be elected every two years in each judicial district and made the county a judicial district for tho purpose of criminal trials ( L.T.t; , 1854, p. 416), The first territorial legislatur of Idaho created the office of district attorney ( L.T.'i , 1863-64, sec. 1, p, 573) but the office did not permanently become a county office until made so by constitutional amendment in 1896 (Const, of Ida, 1890, art, 5, sec, 18), The first territorial legislature Hn''/ashi"ng¥'bn made provision for the election of a coroner every tvro years ( L.T tYJ, 1854, p. 435). Justices of the peace were to be ex officio corouo'rc' in Idaho until 1866 when the office ">f coroner vre.s established (L.T.I. 1866, ch. 27, sec, 1, p. 164), Other Ihan the creation of tho offi'ce~"of' coroner, there were few signific3.nt changes made in Idaho county offices during the terri- torial period. The unsettled nature of Idaho territorial government as it pertained to coimties is so significant that a treatise on county govornment would be incomplete without a brief summary of governmental conditions as they were between 1863 and 1890, the period of Idaho's territorial oxistencc. The significance of the transition from county territorial to county state government will be bettor understood and appreciated if preceded by a brief analysis of governmental history as revealed by the laws enacted during the territorial period. It is impossible here, and not necessary, to make a complete digest of all lavra passed by territorial legislatures, A few tjrpical laws will suffice for illustration, Tho Organic Act creating the territorial govemr,-iGnt raay be character- ized as lacking provisions of a directory nature to guide tho territorial legislatures in the formation of subdivisions and subdivision government. Pioneering in this mr.ttcr \rc.s left almost exclusively to the discretion of inexperienced legislatures. Notwithstanding any precedent which may have been established by older states and territories, Idaho legislators experienced many difficulties, Tho impression that general • la\vs could not bo made applicable and the belief that county pav-roro should be limited, wore deep rooted. The entire period from 1863 to 1886 is characterized - 14 - GoTornmcntal Organization and Rocords System - (First entry, p, 50) The Territorial Period by the enactment of special laws, significant of various attempts to govern each coi nty as a separate entity in the exercise of many of the important countj'- functions. Also special laws vrore passed on other matters which could have been and later wore covered by general laws. Following are a few examples intended to be representative only. The first act creating a private corporation was passed by tho legislature and approved by tho governor in 1664 ( L«T, I , 1863-64, p. 630). Many more special acts creating private corporations followed. In that same year wo have the creation of the first village government commonly known as a public corporation (ibid., p, 637). Tho practice of enacting special laws for the creation o7"vTllages vras general until 1884 when tho board of county commissioners vrcro cnpowcrod to organize villages on pctitioii of the majority of taxable male inhabitants residing in the area to bo incorporated ( L.T.I . 1834-85, sees. 1-29, p. 87), The first leg- islative act to change the name of persons was passed in 1867 ( L.T.I . 1866-67, ch. 65, p. 141). Other acts of this nature folloyrod. There vrore several cases of the legislature's granting divorces as late as 1871, ( L.T.I . 1870-71, p. 91) notvithstanding the fact that the district court ■'vra.s given exclusive jurisdiction in the matter of divorces in 1867 ( L.T.I . 1866-67, ch. 11, p. 71), The matter of county finances to be discussed under that function presented one of the most troublesome problems. The counties were limited in the amount of taxes ".Thich could be levied but no definite limit wr.s put upon their expenditures and little consideration given to the extent of the functions v/ith tho performance of which they vrere charg- ed. All this resulted in many special laws being passed v/hich arc men- tioned here not vath the purpose of treating the financial function of the counties but as examples of special acts. As early as 1865 a special law vra,s passed enabling one of the count- ies (Boise) to 1 -vy a special tax for the redemption of v/arrants (L. T.I . 1865-66, oh. 51, sec. 1, p. 203), In 1869, the county commissioners" of another county (Ada) were authorized and cornanded to make a special levy for the redemption of outstanding -"flarrants ( L,T,I . 1868-69, ch, 16, soc. 1, p. 110), In the same year the commissiohci's 'of still another county (O'/ryhee) irrcre ompowcredto Icvj'- fifty cents on the hundrcd dollrrs mluat- icn fear tho 'Cuntrtt expense fund and sixty cents on the same valuation for the redemption of outstanding v/arrants (ibid., ch. 25, sees. 2 and 4, pp. 133-34), There is evidence that thesc~wbre not purely emergency acts but commpnplace. Boise Comity for a second time was authorized by leg- islative enactment to make a special levy for the redemption of past due warrants ( ibid . , ch. 36, sec. 1, p. 137). This same procedure was follow- ed for ether counticc during the entire earlier and middle territorial periods. Otht r types of special laws were po.ssod. In 1868, the commissioners of one of the counties (Oncida) vrorc prohibited from granting franchises of any kind to any person (L.T,I, 1867-68, ch. 32, sec. 1, p. 108) and permitted to issue licenses to collect toll on roads and bridges for one year only (ibid., sec. 3), In this same year tho commissioners of Boise County vrare authorized by legislative act to build a courthouse and issue v.rarrants to the amount of one thousand dollars to cover the oxpcnso of the structure (ibid., sec. 3, p, 134), In 1871, the commissionors of Ada Coimty were authorized - 15 - Governmental Organization and Records System- (First entry, p, 50) Transition from Territorial to State Government to build a bridge across Dry Creek bctvroen Boise and Mddleton ( L«T«I « 1870-71, sec. 1, p, 42), In the same year, the legislature authorized a county (Shoshone) to hold a special election to fill a vacancy in the commissioners' office ( ibid ., sec. 11, p. 52),. The same legislature granted a certain county officer a leave of absence from the territory ( ibid ,, soc. 1, p, 84), A special act approved in 18G1, authorized one of the counties (Ada) to build a courthouse and issue fifty thouscjid -dollars in bonds to pay the cost. The typo of building to be erected and the parti- cular parcel of ground on vjhich the building was to be erected vrcrc specified in detail, (L.T.I. 1880-31, p. 314.) The follov/ing year, the comr-iis si oners of the same county ytqto authorized to purchase ojid equip a poor farm (L .T.I, - 1882-85, p. 78), The same legislature authorized the building of a"courthouse in another county (Alturas) specifying the typo of building to be constructed ( ibid ,, p. 119). Also authorization T,-;as given to tv/o of the Idaho counties (Lomhi and Custer) to issue bonds to pay off warrant indebtedness ( ibid . , p. 135), In 1666 the Congross of the United States enacted a law practically prohibiting territorial legislatures from enacting special laws ( U,S » Statutes at Larg o, Washington, D,C, 188G, vol. 24, ch. 818, sec.l, p. 170). Besides a lict of specific subjects concerning which no special laws may be passed, provision 7>ra£- mi-dc that no special or local laws not included in this list should bo enacted where general laws could be made to apply, • Kootenai County, in the brief period of its existancc betvrocn 1881 and 1886, the latter date marking the end of county government by special lav/s, had three special lav/s enacted vrith rcforencc to it. The first act pertained to the fixing of the auditor's bond and the probate judge's salary (L.T.I. 1882-83, p, 148), The second pertained to the redemption of outsto-nding -.ra.rrantG and the distribution of tax money for the payment of the current expenses of the county ( L.T.I. 1884-85, p, 130), and the third authorized an appropriation to pay the assessor of Kootenai County for collecting territorial taxes ( ibid ., p. 131), Transition from Territorial to State Government Idaho Territory attained statehood vri. thout an enabling act. The Idaho Admission Bill approved July 3, 1890, gave the territory the full rights of statehood. The lav/s then in force in the territory were declared to be in force until the legal machinery of the state v;a3 in full operat- ion, (Idaho Admission Bill, 1690, sec, 21), There is little in the admission bill v/hich directly affects the counticc. Secti ns 4 to 14 deal oxclusively'vfith land grants to v^hich all territories, being admitted to statch-od,aro entitled. Other parts of the enabling act deal with the matter of reprcsontation in tho Congress and miscellaneous laws necessary to complete the transition. The most fundamental changes ^.rorc accomplished by the adoption of a state constitution. For the purposes of this essay, no attention is givon to parts of the constitution v;hich do not affect county government or affect it GO indirectly as to ma]:e them unv/orthy of treatment. t^-. - 16 - Govcrnmontdl Organization and RccordE System - (First entr^', p. 50) Transition from Territorial to Stato Government In the first instance, the constitution provided that tlic several counties of the territory as they existed vrore recognized as lc,[;al sub- divisions of the state (Const, of Ida. 1890, art, 18, sec, I)» Creation of new counties iias not pGrnit"Eca 'if^hy the creation, the area of cuiy existing county v;as reduced to less than four himdrcd square miles cr the valuation of its ta:<:ablc property reduced to less than one million dollars ( ibid ,, sec. 4). This samo article of the constitution ma.dc it mandatory upon the legislature to establish a system of county goverrjnent uniform thi-oughout the state (ibid,,soc, 5), These specific provisions of the state constitution arc clear. Hovrover, the constitution as a vrhole is not specific on the matter of the creation of no-;; counties. Provision is made for the division of e::cisting counties in cases whore the division consists of the cutting avro.y part of one county and adding it to another* The authority in these cases resides vdth the people of the portion pro- posed to bo cut off, (ibid,, sec, 3.) It \jtxs specifically provided tliat this soctinn did not a "TTy^to the creation of ncv; counties. Court docisiore have favored the theory that the above article and section of the constitu- tion did specifically authorize the creation of new counties (Bannock County v» Bunting, 4 Idaho 156). It is more reasonable to contend tliat it authorized the creatTon of new counties by implication rather than specifically. In practice new counties have been created by the state legislatures as they had been by the territorial legislatures. Twenty- eight new counties have been created and organized under the state con- stitution. The matter of the abolition of counties will be discussed under the head of "Legal Status of the County", Although no general provision v/as included prohiiiitiag the legislature from passing local or special lavra where general lav/s could be made appli- cable, a list of thirty-two types of special subjects regarding vrhich no local or special laws were permitted, vro.s included in the constitution* Eleven of these as follows, pertain directly or indirectly to counties. It was provided that no local or special lavirs v;ere permitted: Regulat- ing the jurisdiction and duties of justices of the peace and constables; regulating county and tovraship business or the election of coimtj;- or tovm- ship officers; for the assessment and collection of ta::es; providing for and conducting elections or designating the place of voting; extending the time for the collection of to.xes; releasing or extinguishing in whole or in part, the indebtedness, liability or obligation of any municipal corporation; exempting property from taxation; changing county seats unless the law authorizing the cliangc require that tvro-tPurds of th legal votes cast at a general or special election shall designate thie place to v/hioh the county scat shall be changed., and that the power to pass a special law shall cease as long as the legislature sliall provide for such change by general lav;-, also that no special loxr shall be passed for any one co- unty of toner than once in six years; creating offices or proscribing pow- ers and duties of county officers except as provided by the constitution; creating, increasing or decreasing the compensation of public officers during the period for which officers arc cloctod or appointed; chartering or licensing ferries, bridges, or roads, (Const, of Id a«l£9Q, art, 3, sec, 19.) Since limitations were placed upon the passage of special laws ap- pertaining to coimties, conditions requiring such laws •wore met by a - 17 - Governmental Organization and Records System. - (First entiy, p. 50 Transition from Territorial to State Government classification of the counties into a definite number of classes and in such a manner that suitable laws could be passed for each classification thus avoiding the enactment of laws for any one county. Counties are classified for speeific purposes only. It it necessary to fix the salaries of the county commissioners by law, because it would be unv/-ise to allov; them to fix their ovm salaries. To avoid passing special laws for each county, the counties have been divided into five major and throe sub-classes and a schedule of salaries fixed for each separate class ( l .C.A * 1932, SO" 2603; am. L.S,I. 1933, ch. 139, p. 215; am. L.S,I. 1937, ch. 186, p. 310), Kootenai County comes within sub-class three (ibid,^« The constitution provides that the salary of the prosecuting attorney be fixed by law (Const, of Ida, 1890, art, 5, sec, 18), The salaries of prosecutors in counties with a high assessed valutation and densely popu- lated obviously could not be fixed at the same rate as those Virith a low assessed valuation and thinly populated. To avoid the enactment of special laws, the counties of Idaho have been divided into seven classes for the purpose of fixing the salaries of prosecutors, Kootenai County comes mth- in the fourth class, (l.C.A.. 1932, 30-2609; am, L,S.I , 1933, ch, 125, p, 194.) A division of counties on the baois of assessed valuation has been made for the purpose of fixing the mr:;:inum rate of tcjc ^.yhich the coujnties may levy for general purposes. The schedule of valuation is as follows: Forty cents on each one hundred dollars of assessed valuation iThcrc such assessed valuation is 57,500,000 or over, sixty cents on each one hundred dollars assessed valuation v/herc the assessed valuation is over 05*000^000 and less than ()7, 500,000, and one dollar on each one hundred dollars of assessed valuation Y/hcrc such valuation is less than 05*000,000. ( l.CA , 1932, 61-803; am, L,S. I. 1937, ch. 83, p, 112.) Kootenai County with a ' 1933 assessed valuation of 012,756,478,55, comes vri.thin the first group. Some chcjiges of a fvindamcntal nature appertaining to county officers v/cre effected by the transition and adoption of the constitution. The territorial la\Ts ma.dc no provision for cxi elective office of clerk of the district court because of having been prohibited by the organic act which made the clerk an appointee of the district court or of the judge thereof ( U.S, Statutes at La rgOj Boston 1863, vol, 12, ch. 117, sec, 9, p. 811), TJhen Idaho became a state governed by a state constitution, provision was made for a clerk of the district court to be elected every four years by the electorate of each county ( Const, of Ida ,, IB'^O, art, 5, sec. 18), The offices of recorder and county clerk legalized under county territorial govcrnm,ent v/erc not carried over under county state government. The clerk of the district court was made ex officio recorder and also assumed the duties of ex officio auditor (ibid,, art, 18, sec. 6), which the recorder had as an ex officio duty before "the adoption of the constitution. The territorial statutes did not provide for a county attorney during all of the territorial period. The functions of this office were performed most of the time by a district attorney for whom provision v/as made by the first territorial legislature ( L,T,I , 1863-64, sec, 1, p, 573), Vflacn the con- stitution was dravrn, the office of district attorney was given a constitu- tional standing,not as a county office but rather as a district office ( Const, of Ida ,, 1090, art, 5, sec, 18), In 1896, section 18 of article 5 v/as amended to nr.ke the office of district attorney a ti7o year office and the desigioation of "district attorney" changed to "prosecuting ittomey'' * 0; .V . •• lo •• Governmental Organization and Records System - (First entry, p. 50) Legal Status of the County Legal Status of the County The first legislature of Washington Territory passed an act in liarch 1854 organizing the counties as bodies corporate, and gave them the povrer to act as such. No provision v;as made by the Idaho territorial legislature to give the counties of Idaho Territory a similar le.^^al standing until 1871, ( L.T.I , 1870-71, sees, 1, 2, and 6, pp. 76-77) seven years after the organi- zation of the territory; nor were the Y/ashington territorial laws covering this matter adopted by statute or resolution. The law approved in 1871 indicated that the cor.nties had been considered r.s bodies politic and cor- porate. It provided that each county should "continue" to be a body politic and corporate for the purpose of suing and being sued, acquiring cjid dis- posing of property. It Tjas stated in substance in this essay that there vra.s no specific statute, national, territorial, or state, or any constitutional provisions found which gave the territory or state the right to create ocim.ties. That such a right exists at least by implication, is a well settled principle* The purpose of the county is largely to administer state lav^s in local areas. In the absence of specific provisions to the contrary, the state is the log- ical body in which to vest the authority to create subdivisions mthin its own borders* Vihether or not, once created, the county is vfholly a creature of the state owing its existence to the will of that body, is not quite so well settled. In fact, the contrary is the prevailing opinion. Eminent legal decisions concerning the creation and abolition of counties ho.ve fa* vored the theory that the state lias no authority to abolish counties oven though it seems that the authority to create implies the authority to dis- solve or disorganize as is the case vri.th private corporations. Two notable attempts have been made by the Idaho state legislatures to abolish old coimtics and set up nev; ones in the same territory. In 1891 the legislature passed a law creating the counties of Lincoln and Alta out of territory included in the counties of Logan and Alturas ( L.S.I , 1890-91, p, 120), In 1905 an attempt was made to abolish Kootenai County, the county being considered here, and set wp in itE stead the counties of Lewis and Clark (L.S.I. 1905, p, 76), In both of the above cases, the supreme court of the state, in a two to one decision, declared the acts contrarj'' to the spirit and vrording of the state constitution. In the former (People ex rcl v, George, 5 Idaho 72 , 26 Pac, 983) the law was not so clearly an attempt at abolition, although it was so in effect, as it was an at ..cmpt to enrich one county by a strip of territory, at the expense of another, Alturas County wn.s given a strip of Logan Cotmty and officially called Alta Coi-Uity, The balance of Logan Coimty viras designated as Lincoln County, This procedure is contrary to the wording of the constitution, which provides "That no county shall bo divided unless a majority of the qualified electors of the territory proposed to be cut off, voting on the proposition at a general election shall vote in favor of the division" (Con st, of Ida ,, 1890, art, 18, sec, 3), This article of the state const itut'i'oh vras freely quoted in the majority opinion of the su- preme court. Article 18 section Ivhich prcvidcs fcr the .rcoognitim; r-f cill co- ■unties existing o.t the time the territory bccar.ie a state '.vas also quoted to prove thr.t counties onco accepted by the constitution, could not bo abolished without constitutional p.mondmcnt. - 19 - Governmental Organization and Records System - (First entry, p, 50 ) Structure of the County The latter case is more clearly an attempt to abolish an old county and set up tvro ncvr onos'. Only one old coi-mty Y/as involved instead of two as in the former case. Article 18 section 3 of the state constitution did not apply with the same potency. This is so recognized in the majority opinion of tho supremo court (McDonald v. Doust, 11 Idaho 14, 81 Pao, 60), The court v/as conpollod to decide on the wis om of allov;ing the state leg- islature to abolish coxonties, particularly tliosc organized under territor- ial law and recognized by article 18, section 1 of the state constituticro Tho exact legal status of the county at this point is very much un- settled. If tho legislature had no right to abolish a county, the question arose as to whore this authority resided. All tho terrain of the territory and state of Idaho has al^'ra.ys been v/ithin the jurisdiction of some county., It is difficult to understand ho\'r the abolition of c. county could or would accomplish that which ivas non-existant before, namely tho isolation of a block of land without tho confines rnd jurisdiction of all counties. After twenty-seven years of uncertainty section 4A was added to article 18 of tho constitution making it mandatory upon the legislature to enact a law permitting counties to oonsolidato by a vote of the people. The re- quired legislation v/as enacted in 1933 (L,S«I. 1933, ch, 135, p. 206), Great care had to be exercised in outlining the procedure so that the con- solidation would not bo, in effect, the creation of a now county and an encroachment upon a right which belongs exclusively to the state. No counties have consolidated as yet and as a consequence, tho validity of tho lav/ has not been tested in the courts. In view of constitutional provisions, legislative acts, and court decisions, the only vic.j c. county can be abolished is by consolidation with another county. This right has been reserved to the people. This being the case, it cannot be said that the county is the creature of the state c/rLng its existence to the state only. There have been several inato.nces in the past, vrticrc oven the organiz- ation of counties, (besides Kootenai Covmty m,entioned above), became tho concern of the people, Tho act creating Canyon Coi.inty, approved in 1891, provided that the law should not become effective until submitted to and approved by the majority of the voters, voting at the general election in 1892 (L.S.i. 1890-91, p, 155), Gem. Co\mty .r/as created by an act of the 1915 legislature subject to the approval of sixty percent of the residents of the area to be included in the novr county ( L,S,I , 1915, ch, 1S5, p, 362), In 1917 Payette County was created by the legislature ivith the provision that the lav; be approved by a two- thirds mr.jority of tho voters included in the proposed now county (L,S,I, 1917, ch, 11, p, 13), In the some year, a county of Sclvra,y vms crcr.ted by legislative act subject to the approval of the majority of voters in the proposed nov; county ( ibid ,, ch, 127, p. 418), The county r.ti.s never organized. Structure of the County The state constitution and the legislature assisted by the courts, determine the structure of the county. In general, tho constitution ( Const » of Ida,, 1890, art, 18, sec, 6) and the legislature provide for the county sot-UTT offices, and the legislature vriithin tho limits of constitutional - 20 - Governmental Orj^anization and Records System - (First entry, p, 50) County Functions power, disignates the functions to be performed by the counties and the methods to be used in the performance of these functions. It is intended that the county organization as it is set up includes all the machinery necessary to execute the fujictions, the performance of vrtiioh are delegated to it as an instrvimentality of the state. County Functions It vra.s observed by Lord Bryce and expressed in his writings on county government, that counties were little more than judicial and high- way districts (Jaraes Bryce, The American Conmonv/ealth, third edition, London 1901, ch, 48, p. 597). However true this may have been when Lord Bryco made his observations on the American County, matters have materially changed. The covjities in Idaho have alvra.ys had a number of fimctions, some of course, of little importance in the counties' early history. Besides being a subdivision of the state for the purpose of choosing territorial representation on a geographical basis for law-making purposes, the chief functions were law enforcement and administration. The building of roads as a means of travel and c oinmvini cat i on was also important, Tho law enforcement and administrat- ive functions have not changed very much in the past half century. The increase in population and changes in economic and social conditions have increased the importance of the fomerly semi-dormant functions and have added nev/ ones to them. An. onumcration and proper classification of these functions is a necessary prelude to an intelligent discussion and a thorou^ understanding of thorn. It must be remembered that tho county is a subdivisioii of the stato, created for the pruposo of executing tho laws of the state in a m.ore con- voniont and efficient manner than is possible from a central and more re- mote point. The creation of the county mth the authority to act as a local govommontal agency of the state, brings the government closer to the pooplo* Our present day counties have some discretionary povrors end to that extent, apparently have some of the powers of indopondent units. It will bo observed in the discussion to follow that discretionary powers are mostly confined to the functions incident to the execution of tho major function of acting as agent for the state. In the capacity of agent of the state, the coiaiticG are clmrgcd mth the performance of certain functions, classified as primary fvjictions. For the proper execution of those functions, the performance of other functions is necessary. These arc classified as secondary or incidental functions— not in the sense that they arc unimportant but rather that they are in a distinct class not a part of the primary design but collaterally connected with it and a necessary part of the whole. The primary purpose of setting up county govornmcnt organizations is to rondel certain services. The services to be rendered arc designated as tho primary functions of tho coimty. The secondary or incidental functions constitute tho machinery for putting tho primary functions into operation. The secondary or incidental functions arc as follovj-s: Administration of the business affairs of the coujity, supervision of county officers other than the board of county comraissi oners, and the execution of tho - 21 - Governmental Organization and Records System - Administration of Affairs; Supervision Execution of the Fiscal Processes (First entry, p. 50 ) fiscal processos. The primary fimctions are: Recording, administration of justice, enforcement of law and maintenanco of peace, supervision and financial support of education, conducting of elections, health and sani- tation, social vrelfare activities, building and maintenance of roads and bridges, a;;3rioultural activities, and acting as agent of the people and of county subdivisions. From the vie-vvpoint of legal history, as will be observed below, some of the incidental fujictions are very significant. Administration of Affairs Administration of the business affairs of the county together vd.th supervision of county officers constitute the coordinating functions. The former is exclusively a function of the board of commissioners and the latter a joint duty of the county commissioners and the auditor. Couxity governments were provided with the administrative nachincry simultaneously v;ith their creation. The duties of tlie administrative officers have been so extensive that this secondary function seems at times to assume a position of greater importance than many of the functions for the performance of which the counties were organized. An enumeration of the principal duties of the county coinmissioncrs, the administrative body, with regard to general management of county business is made in the essay on that office (sec essay on county comniss loners, page 45). Supervision Supervision of county officers has some of the earmarks of administra- tion of affairs. There arc major points of difference. The auditor as a fimctionary joins vri.th the county commissioners in supervising the work of other coimty officers. He takes no part, as auditor, in admiiiistrativc wojpk, It,in tijiiTi,i£ supervised by the conmissionors. Supervision in general consists of ovcrscoing the work performed by other officers. These duties are outlined in the separate essays on the county comrais si oners (page 45) and the auditor (page 150), Bxooution of the Fiscal Processes The administration of state laws by the county governmental \mits, necessitates assessment of property, equalization of values:, making of levies, the collection and disbursement of fvmds vj-hich in turn is regulated by ctr-.to lav;'» Tliis rcgtilr.tion cr.uscd much confusion extending over prac- tically all the territorial period. An attempt was made on the part of the territory to retain the '-crtver to ;erform an important part of these financial details as a territorial function at the same time that the counties were charged with the details of administration of territorial law. The counties vrere closely supervised in the matter of tax levies with little regard for their assessed valuations and necessary expenditures, and with little or no experience in the matter of hov/ much the counties could collect or hoviT much they should spond. The first territorial loj^islature levjod an ad valorem tax of eighty ■.\h!i-„--/:Vl, .■•,\7 ''■; - 22 - Governmental Organization and Records System - (First ontry, p. 50) Execution of the Fiscal Processes cents on each one hundred dollars of valuation for territorial purposes. The counties wore given authority to Icvj-- a tax for county purposes of not to exceed one hundred cents on each one hundred dollars of valuation and in addition such special taxes as were allovrod by law# (L.T.I. 1863- 64, sec. 6, p, 579.) The special taxes allowed by lav/ oonsistcTluostly of a road tcjc of three dollars levied on all able bodied males in the district. The second session cmpovrcred the cornniissioncrs to levy not to exceed two dollars on each taxable inhabitant for the care of the indigent siclc, idiotic, and insane, and an additional one-fourth of one percontum on all taxable property of the county for the same purpose (L. T.I . 1864, ch, 24, sees. 2-3, pp. 424-25), The coiur:iis si oners ytgto authori^zod and required to provide for the erection of courthouses and jails with other necessary public buildings for the use of the county (L .T.I . 1563-64, sec, 11, p, 524) but no provision, \vas made for paying for the buildings thus erected. By 1866 special laws on the building and financing of court- houses Y/cro passed. In thr-t year one county (Alturas) wi-s authorized to levy and collect a special tax on aH property in the county and to place the proceeds in a fund to be knovm as a courthouse and building fund ( L.T.I , 1865-66, chi 4, sec, 1, p, 216), In 1868 another county (Boise) was authorized to build a courthouse an.d issue warrants not to exceed one thousand dollars in pajrmcnt of the cost (L.T .!_, 1867-68, ch, 55, sec, 3, p. 134), Many changes were made in the revenue act whicli provided for tax levies but in most cases the maximimum levy allwred failed to cover the expenses of the counties and resulted in large amounts of unpaid v/arrants and deterioration in the credit standing of the county. There was no general law authorizing the counties to make a specj.al levy for the redemp- tion of v/arrants. The legislatures reserved the right to autliorize special levies for each of the co\jnties. The first t-.Tonty-f ive years of the terri- torial period is replete with examples of special laws authorizing one county and another to make levies for the redemption of outstanding v/arrants The first special act for this purpose '.res passed in 1866 authorizing and requiring one of the counties (Boise) to make a levy for the redemption of outstanding warrants (L.T.I, 1865-63, oh, 51, sec. 1, p, 203), The next session of the legislature passed a special act authorizing a tax levy for the rodcmptlon of v;arrants of O/ryhcc County (L/i'.I. 1868-69, ch, 25, sees, 2-4, pp, 133-34), Boise County (ibid,, ch, 36, sec, 1, p. 137), and Alturas County(ibid. , ch, 37, sec, r,~^,'l39). The sixth session of the territorial legislature passed an act authorizing Kcz Perce Coiinty to make a special lo\'^^ to redoon its outstanding ¥ra.rrants ( L.T.I . 1870-71, sec. 1, p, 36). The acts authorizing t?ic special levies in each case provided the method of redemption of outstanding v/arrants. The first act passed in. 1866 provided that the treasurer advertise for four weeks in a newspaper printed in the county, asking for sealed bids for the surrender of warr- ants. The treasurer, auditor and the commissioners at a regular meeting of the board opened the sealed bids o.nd accepted those made by persons offering to take the least for ti;e I'srt-.rrant s vrfiich vrore held. ( L,T.I , 1865-66, ch, 51, sees. 1-7, pp. 203-4). In 1869 the redemption was accomplished by a public auction of the money to be paid to the persons surrendering the highest v/arrant value for the amount of money offered (L.T.I. 1868-69, ch, 37, sec. 7, p. 141), - 23 - Govcrruuontal Organization and Records System •- (First entry, p, 50) Execution of the Fiscal Processes The eleventh session of the legislature passed a general law authoriz- ing the building of courthouses the cost of v/hich did not exceed one thous- and dollars and the issuance of warrants in payment of the ^me ( L.I.I. 1880-81, p. 248), This together with general authorization of a higher tax levy for county purposes reduced the necessity of special lav/s to build courthouses and redeem outstanding warrants. Hcrever most permanent court- houses of any size could not be built: for one thousand dollars, or any other siai that could be collected v/ivhin a year or two. This necessitated the issuance of some kind of bond or long time obligation, Tho legislature liad not given this power to the covn.ties as yet. Thus more special laws appertaining to county finances, were onactcd. The first, enacted by the same session of tho legislature wldch enacted tho general law mentioned above, authorized a county (Ada) to build a courthouse and issue fifty thousand dollars in negotiable bonds to meet tho cost of construction (ibid,, p. 314), Other cases of special acts authorizing the issuance of bonds follovrod. No general lav/ authorizing bonds v/as passed until 1886, when it became necessary in order to comply v/ith an act of tho Congress forbidding the passage of special laws vrhcn general laws coi'ld be made to apply. In that year a general law vreis enacted permitting the count- ies to issue negotiable bonds to pay the outstanding indebtedness of the county (R,S« 1887, sec, 3o02)# YJhen the constitution was framed in 1890 the counties were denied the authority to contract indebtedness in any one year v/hich exceeded the revenue of that year without the consent of two-thirds of the qualified electors votin^ at an election held for that purpose (Const, of Ida,, 1890, art. 8, sec. 3). This is negative in character and does not permit the coujitics to bond for any particular purpose, taut implies that that vfhich is not forbidden is granted, Tho statutes wore amended in 1899 permitting bond issues for building and pthor purposes, ( L,S.I . 1899, p. 337.) Ho limit was fixed by statute or the constitution on the amount of bonds which could be issued if authorized by vote of the necessary two thirds. Before 1890, no general lav/ was enacted authorizing the counties to make special levies for the redemption of vra.rrants. The situation was so unsettled that the matter of providing for a better system of county finance was v/ritten into the constitution. It v/as nuxde mandatory upon the state legislature to enact laws providing for such a system of finance as to cause the business of the counties to be conducted on a cash basis. If any warrants remained impaid from lack of fimds the legislature must alloviT and compel the county commissioners to make a special levy for the redemption of vmrrants, ( Ccnst, of Ida ,, 1890, art, 7, sec, 14,) Supporting legislation was enacted in 1913 providing that a levy as high as one dollar on the hundred dollars of valuation nay be levied for warrant redemption purposes ( L.S .1 , 1913, ch. 58, sec, 99, p, 204; I.CA , 1932, 61-807), The state law continues to fi-; an upper limit of tax levies for general coimty purposes. To facilitate the matter a classification of counties on the basis of assessed valuation v/as made in 1913, The rate was fixed for the covmtios in each classification and is subject to change from time to time. ( L.S.I , 1913, ch, 58, sec, 99, p, 204; I,C,A , 1932, 61-803), the last ohanpe teing made in 1937 (L,S.I. 1937, ch, 83, p. 112), As the lav/ nov/ stands, counties having an assessed valuation of ,'||i7,fK)0,000 .or ov.r r.ro -.llo-ood to levy forty ccc-tr'; ou' r:.ch' one hundred dcliftrc of acacssed valuation; those v/ith an assessed valuation of between »i .t).' Governnental Or^aiiizp.tion and Records System " (First entry, p. 50 ) Recording; Adiainistration of Justice $5,000,000 and |7, 500,000 are allowed to levy seventy-five cents on each one hundred dollars of assessed valuation,* those with an assessed valuation of less than $5,000,000 are allovred a levy of one dollar on one liundred dollars of assessed valuation, Kootenai County- -.vith an assessed valuation in 1938 of vl2, 756,478,65 comes v^ithin the highest classification mth respect to assessed valuation and is accordingly permitted to make a levy of only forty cents on each one hundred dollars of assessed valuation. The most recent control of county finances v^as started in 1912, In that year the extraordinary session enacted a lav;r requiring the counties to budget their expenses for the follovdng fiscal year (L«S,I, extra session 1912, ch, 8, sec, 4), This law did not prove very cffccnvc. The statute requiring such estimates y.t.s strengthened in 1927 and penalties provided for non-compliance, (L.S.I. 1927, ch, 232, p. 337.) Since that time the count- ies have been operating under a well organized budget system. Through a process of trial and error, sufficient flexibility has been attained so that the counties arc able to perform this necessary incidental function v/ith reasonable smoothness. Recording The function of recording is one of the oldest county functions. It is a necessary service directly affecting the people in their legal relation- ships with one another brought about by the necessity of business intercourse. Ihis function is of most service when it is brought close to the people. Assigning it to a county recorder brought the performance of the function within reach of those for whom the service is intended, Tho first territorial legislature prescribed the types of instrvuncnts which the recorder of the county was authorized and required to record, Tho list has not changed fundamentally, New ones have been added and arc being added vnth the passage of nevr laws. Provision vms made for recording: All deeds; mortgages; po'/zcrs of at- torney to convey real estate; leases for longer than a year; all certificates of marriage and niarriagc contracts; all ivills admitted to probate; all offi- cial bonds; all notices of mechanics' liens; transcripts of judgments "Thich arc a lien on real estate; notices of attaohinent en real estate; notices of pendency of action; instruments relating to the property of married vromen and notices of preemption claims (L.T.I. 1863-64, sec, 70, p, 485,) The recording lav: y/as cjnended to iiaclude a general provision for the recording of all instruments which are required or penTiitted by lav/ to be recorded ( l «C .A , 1932, 30-1902), As the lav/s change, the function expands or contracts but reriiains continuous. Administration of Justice Closely connected vri.th the function of lav; enforcement is the fvuiction of lavr administration. The perf orm:'-nce of this fujnction is vested in our system of courts and prosecuting attorney. These courts consist at present - 25 - Governmental Organization and Records System - (First entry, p. 50) Administration of Justice of the district courts of the eleven judicial districts in the state holding sessions in each county, the probate court, strictly a county court, and the justice courts in each justice precinct in the county. This system of courts •vra,s provided for in the Idaho Organic Act ( U.S. Statutes at Largo, Boston 1863, vol, 12, ch, 117, soc, 9, p, 811). The matter of determining the jurisdiction of each of them v/as left to the discretion of the territorial legislature v;ith fcvf exceptions. The Organic Act denied the justice courts jurisdiction in cases vrficre the titlo to, or boundaries of land vroro in dispute and in cases v/hcro the ojnount of money in dispute exceeded one hundred dollars. It was also provided in section 9 of the act that the territory bo divided into throe judicial districts and the throo supreme judges of the territory assign- ed one to each district to preside ovor the courts in the district to which assigned* The territorial lav^-s gave the district courts original jurisdiction in all civil cases where the araount involved exceeded one hundred dollars and m all criminal oases not otheryn.se provided for ( L.T.I . 1863«-64, title 18, sec. 613, p. 210), Appellate jurisdiction extended to hearing an appeal from the judgment of the justice and probate courts as provided by lav: ( ibid, , sec, 614, p. 211), Provision was mr.de for one probate court in each county ( ibid, , sec, 614, p, 211), The principal duty v/as the settlement of estates' but in ad- dition its jurisdiction extended to civil actions wherein the amount in con- troversy did not exceed five hundred dollars (ibid,, sees, 620-31, pp, 211- 13), At this time the probate court had no criminal jurisdiction. The civil jurisdiction of the justice courts was confined to all cases wherein the amount involved did not excoed one hundred dollars oaid the title or bound- aries of real property vrere not involved. Criminal jurisdiction extended to all petit larceny cases, certain cases of assult and battery, breaches of the peace and all other nisdomeanors punishable by fine not to excood five hundred dollars or six months inprisonmcnt or both, ( ibid ,, sees, 632-35, pp, 213-15.) Some few changes wore iir.dc by later legislatures, the state constitution and state lav/s, but the original plan of the judicial system has been handdd doi'm to the present in pretty much the same form as it was set up in 1863, At present the district court has original jurisdiction in all cases both at lav/ and in equity, in all special proceedings, in the issuance of writs of mandamus, certiorari, prohibition, liabcas corpus, in the trial of all indictments and informations. The appellate jurisdiction extends to all oases arising in probate or justice courts and in all other matters wherein an appeal is allov/cd by law. ( l,C.A , 1932, 1-705,) The probate court has exclusive jurisdiction in the set'tlomont of estates. In addition it has jusisdiction over all civil cases wherein tho damages or debt claimed docs not oxcood five hundred dollars cxclusivo of interest, and concurrent jurisdiction vri.th the justices of the peace in all criminal actions, (ibid., 1-1202.) Tho justice courts navr have civil jurisdiction in almost all typos of cases v;horein the amount in controversy does not exceed three hundred doln lars unless such jurisdiction is denied them by law (ibid,, 1-1403). Crim- inal jurisdiction extends to: Cases of petit larcenyj assult and battery - 26 - Governmental Organization and Records System - (First entry, p 50 ) Enforcomont of Law and Maintonraice of Peace; Supervision cjid Finaiacial Support of Education not coramittod upon a public officer; broaches of the peace, riots, affrays, "willful injury to property ooad all misdenccJiors punishable by fine not to exceed thrco hiindrod dollars and a jail sentence not to exceed six months or both, ( Ibid >, 1-1406,) In addition to the regular v/ork of the justice court, there is a small claims departcment -lYhcrcin claiius not to exceed fifty dollars are adjudicated; provided that the defendant resides vri.thin the justice precinct (ibid,, 1-1501), The exact status of the prosecuting attorney in the matter of lav/ administration is hard to define, Eo is not a judicial officer in the strict sense of the rrord; ho is at least an officer of the j^idicial department charg od mth the exercise of povrors properly belonging to the judicial function (state V, Wharf icld, 41 Id aho 14, 236 Pac . 862), lie is charged vrith repres- enting the state in criminal actions ■.vhere state lav/ is alleged to have boon violated. Duties aro treo.ted more specifically in the office essay. Enforcement of Lax/ and Maintenance of Peace The protection of the public from lav/lessness has long been recognized as a fiAnction of gojrernjnent. At the beginning of the colonization of the West, this function iras made more difficult to perform because of the v/ide expanse of territory. Localization made the enforcenent of lavv more effect- ive. The law enforcement agents immediately became an important part of the county machinery. Sheriffs, coroners and constables are the chief function- aries identified v/ith this function in the county. Upon them v;as fixed the responsibility of conservators of the peace (L.T.I, 1853-64, p, 476), The sheriff particularly had a ^Tide variety of duties to perform; the major part of which are listed under tlaat office. Supervision and Financial Support of Education The role played by the county v/ith regard to education has been one of supervision and partial financial support. The school district under the immediate management cf a school board is an institution of long standing in Idaho, The second territorial legislature made provision for a system of common schools, their management and supervision ( L«T,I , 1864, ch, 6, p, 377), The county superintendent, whose office was created by the first territorial legislature ( L.T.I , 1863-64, p, 591) vd.thout provision being made for the election of an officer until the second session of 1864, was to act as general supervisor of the county school system. One of the specific duties of the superintendent v/as to divide the county into districts for school purposes vdien the public good required it ( L.T.I , 18S4, ch. 6, art, 4, sec, 3, p. 380), The districts as set up, tlirough their functionaries the school boards, wore the real administrators of education. The law providing for a system of coranon schools, experienced many • changes. The v/holc lav/ v/as roonactcd in 1865 (L.T.I, 18GE-66, ch, 6, p, 122)^ in 1868 ( L.T.I . 1867-68, ch, 1, p, 17), in lQll"~CUTjJ_, 1S70-71, p, 5), in 1875 ( L.T.I . 1374-75, sec, 16, p, 551), and finally again in 1879 ( L.T.I . 1878-79, p, 12). About 1875, the importance of the county as a supervising unit declined* The office of county superintendent v/as abolished and the av\ditor made ex officio county superintendent in all of the counties except t-.'/o (Doise and Alturas) in which the probate judge v/as assigned the duties of the office. - 27 - Govcrnmontal Organization and Records System - (First entry, p, 50) Conduct of Elections In the same year the territorial conptroller viv.s made ex officio superinten- dent and was assigned general supervision of the schools in the counties ( L,T.I . 1874-75, sec, 37, p, 532), By 1880, the importance of the county in the affairs of education v/as again coming to the front. Special laws were enacted providing for county superintendents in Bear Lake, Alturas, Custer, Lemhi, Ada, and ^oise Cotmties ( L.T.I . 1880-81, sec. 1, p, 433). In 1883, a general law was enacted providing for county superintendents in all counties where there were five or more school districts ( L.T.I , 1882-63, sec, 12, p. 17), The fimction of supervision remained thus until the state con- stitution \vas adopted in 1890, Provision, iwas made in the constitution for the probate Judge to be ex officio superintendent of schools. ( Const, of Ida ., 1890, art, 18, sec. 6, Hist,) An amendment to the same article and section of the constitution making the county superintendent a special offi- cer was adopted in 1894 and supporting legislation enacted in 1897 ( L.S.I . 1897, p» 79), Since that time the supervising function has been constant but declining somewhat in importance v/ith the grcrth of the city school sys- tem and the increase in importance of the function of city superintendent. The first law to create an independent school district was enacted in 1881 ( L.T.I . 1880-81, p, 300), From that time to the present there has been a perceptible growth in the number and importance of independent school dist- ricts under the immediate supervision of a superintendent hired fortiiit pur- pose, and while theoretically subject to the supervision of the county, ex- cept class A independent districts, actually they are quite independent of it « The financial support of education comes from many sources and contri- butors. The first act establishing a system of cbmmon schools provided that the interest accruing from any money acquired from the sale of public lands should be distributed among the school districts in the territory on the basis of the school census. The county commissioners of each county wore required to set aside five percent of all money paid into the county treasury on ac- count of property taxes collected and in addition all money arising from fines, ( L.T.I , 1864, ch, 6, sees. 1-3, pp. 377-78.) Since 1864, the sources from which school revenue has been derived have varied greatly. The county has always boon a contributor though not primarily responsbilo for the support of schools, -^t present, part of the income for school purposes is derived from a county tax. Conduct of Elections The counties through the mediujn of their boards of commissioners or other county officers have been charged vdth the responsibility of conduct- ing elections since 1864, The first territorial legislature empovrerod the county commissioners to divide the county into olcction precincts in such a manner as would be most convenient for the people and to designate polling places (L.T.I, 1863-64, sec, 13, p, 526), The power refers particularly to conducting territorial (and later state) and county elections. (The county commissioners are instrumental in conducting other elections not properly coming within this category of this function. These are dovoloped under another heading,) The commissioners wore charged vri.th the appointment of capable persons in each election precinct to act as judges of election ( ibid, , sec, 5, p, 560), At the conclusion of the cloction and the delivery to tKo county seat of the poll books and ballots, the county through the medium of the clerk of the board of commissioners acting vdth tvro justices of the peace or any two county officers, was np.de responsible for canvassing the votes and with making an abstract of then as shown by the poll books (ibid,, sec. ;::.'■; - 28 - Govemnental Organization cxnd Records System - (First entry, p, 50) Health and Sanitation; Social Tfelfare Activities 28, p, 56G), In 1869 the commissioners were made a board of ccoivassers to canvass and record the results of elections (L.T.I, 1868-69, sec, 9^ pp. 104-105), The function of oonductini^ elect ioni'TTas not changed materi- ally since 1864, Health and Sanitation The function of health and sanitation is one of the older but less extensive f mictions. It has not been extensive due to the fact that the cities of any size where problems of sanitation are usually more pressing, have their otoi health officers. The need for a county physician for duties outside of the larger centers has been limited to the care of the indigent sick, which has been treated a;:; a social welfare function, to the prevent- ion of the spread of contagious diseases, sanitation problems in the villages withot'.t a physician and in the coimty at large. The county commissioners wore empowered to appoint a jail physician, to give medical attention to county prif^oners and make rules for the sanita- tion of jails as early as 1863 (L,T_^, 1863-64, p, 48), In 1885 a covmty board of health to consist of the county copmirsioncrs and an cxporionccd and skillful physician ■'jvas given power to mo.kc and enforce rules of sanitation ( L.T.I , 1884-85, p. 52), A similar law is now on the statute books ( I . C .a" , TQuS, 38-301) but is wider in scope of authority. Pro- vision IS made for the appointment of, and ooopcro.tion with city and village ^'oards of health. Social Vfolfare Activities 7flion Idaho Territory vras created in 1863, the first territorial legislature vested the entire superintendence, of the p^'or in the county commissioners (L.T. I. 1063-64, sec. 19, p, 526) but made no provision for the levy and collection of taxes to defray the expenses of the function,. The second session of the legislature charged the conmiiss- ioners vrith the care of the indigent sic]c, idiotic, and insane. Provision was made for the levying of a tax for the purpose and the right given to them to contract vn.th other persons for tlic care of these dependents, ( L.T.I. 1864, ch. 24, sees, 1-5, p, 424.) By 1887 the board" of commissioners had the right to make contracts for the care of the dcpw^ndcnt poor as well as the indigent sick, idiotic* and insane (R.S, 1887, sec, 2170), The duty of caring for the violently insar.c beoVii.ie' .a problem for the counties on account of the lack of quarters for them, other than the jails, A law was enacted in 1881 allowing the state to con;t:ract with other states for the care of those violently insane ( L.T.I . 1880-81, p. 300)» In 1885 a law 7/as approved authorizing the building of the insano asylum at Blackfoot in the territory of Idaho and the return of all insane persons whose care had been contracted to other states ( L.T.I , 1884-85, sees, 9-35, pp, 65-71), The counties were relieved from the care of the idiotic or feeble minded in 1911, the year in v/hich the state built a sanitorium for their care ( L«S,I . 1911, pp, 83-97), The care of the indigent sick and the dependent poor remained the sole responsibility of the coT-mties until recently. The first legislation looking to the care of the indigent sick and dependent poor in a special institution was enacted in 1885, In that year a spocia.l law wd.s passed allowing a county (Ada) to purchase and - 29 - Governmental Organization and Records System •• (First entry, p, 50) Building and Maintaining Roads and Bridges equip a poor farm and hire a director for the management of the farm ( L.T.I . 1882-83, sees. 1-13, pp. 78-82), By 1887 the county commissioners were given the blanket right to erect hospitals for the care of the indigent sick and otherwise dependent poor and to provide a coiinty farm in connect- ion therewith ( R.S . 1387, sees, 5-6). The care of the dependent poor has become a matter of far-reaching importance within the past decade. The increase in xmemployment has overburdened counties to such a degree that part of the responsibility has had to be assumed by other units of government. The federal govern- ment has assumed the obligation of employing those vfho arc employable and cooperating with the state and county in the case of the other classes of dependents. Lav/s effecting this cooperation vrorc. passed as early as 1935 ( L,S.I , 1935, ch. 104, p. 252), More comprehonsiVo legislation v;as enacted in the extra session in 1936, and in 1937 the Idaho Department of Public Assistance was created ( L.S.I . 19S7, ch. 216, p. 372), This law conplctos the coopcrativG set-up v/ith the state and federal [:;overnments and fixes the extent to which the fi.mctions are to bo pcrforrued by each. The state department is the supervising agent of all assistance activities in which it cooperates by financial contributions. Those specifically enumerated are, assistance to needy agod persons, needy blind persons, and dependent children. The counties are still charged with the care of other classes of needy persons but may enter into cooperative agrcomonts with the state for the adraini strati on of relief to any class of needy persons, for the relief of whom no contribution is made by the federal government. The state - county public r.ssist-.ncc set-up in each county is admin istcred by the County Vfclfarc Commission, consisting of a county supervisor, one appointee of the county commissioners and three other members designated jointly by the state department and the board of county commissioners. The routine administration is left to the County Welfare Commission with ex- tensive supervisory powers residing in the State Department of Public Assistance headed by the governor. (ibid.) Building and Ifeiintaining Roads and Bridges Construction and maintenance of rends and bridges has been a county function since 1863, The first territorial legislature, among other things, charged the county commissioners mth the determining and laying out of roads and highimys within the county and to do all other necessary things in relation thereto ( L,T.I , 18S3-6A, sec, 11, p, 524), This function has varied considerably in the degree and the extent to which the county has assumed the duty. It v;-as considered so extensive a county function in the beginning of our territorial organization that the office of road superivsor was made an elective office (ibid,, sec, 1, p, 591). The duty of building and caring for the roads ■'was one of the counties' major fujictions. As population increased and methods of travel changed, the need for more and better roads became apparent. It is dis- cernible from a perusal of the statutes that the county vra-s not to assume the details of an expended road program. As early as 1885, the commis- sioners woro cmpov-rcrcd to let contracts for the improvement of highways and the construction and repair of bridges (L.T.I. 1884-85, p, 166), In 1905 a law was enacted permitting the organization of good roads districts - 30 - Govorrmiontal Organization and Records Systera - (First entry, p. 50 ) Agricultural Activities within the county ( L,T.I . 1905, sees. 1-14, pp. 237-44). These districts were to be organizwd "by the people v/ithin a certain area. The ri;-;:ht was given to them to elect their ovm road coinmissi oners and bond the road district. In 1909 the county conmissioners were authorized on petition of residents of certain districts to arrange for an election to determine the matter of organizing a highway district (L/L',I, 1909, sees. 1-58, pp. 238-66). In the same year the people vrore givon~l;ho choice of organizing into a covmty-Yiride road district under the control of the county commis- sioners who were given authority to appoint a district supervisor (ibid,, pp. 274-94). The highvmy or subdivision district method of building and maintaining roads has bo.n most vj-idely used. In some counties (iSvin Falls and Latah as examples) the highvray district has absorbed all the functions of building and maintenance of roads. Since the expansion of road building and maintenance by the state, there has been a degree of cooperation betiTOon the local road units and the state. A law was enacted in 1921 allovdng the counties to bid on state proposals for the building of roads vj-ithin the coimtics (L.S.I. 1921, ch. 99, p. 224). Later a law was enacted allowing the counties, good road districts, and highv-re-.y districts to make agreements vath the state for the building of certain roads in the counties, for \vhich the federal government m.ado an allotment. Deposits vrore made with the state treasurer for the amoimts of the respective contributions which the counties made to\vard the road program. ( L.S.I . 1923, ch, 161, p. 181.) A special county tax for this purnosc war: authorized in 1925 (L.S.I. 1925, ch. 156, p. 292). Agricultural Activities The county function pertaining to the promotion of various phases of agriculture' has become important only as of a comparatively recent date. It y\ras legal for the county authorities to ma]:e appropriations and collect taxes for the showing of agricultural products at -.rorld expositions as early as 1911 ( L.S.I . 1911, ch. 95, sec. 1, p, 340) but further than this, the part played by the county was limited until 1917, In 1915 the county coiTmdssi oners had been authorized to purchase a site for a fair grounds for the purpose of holding agricultural fairs for the exhibit of livestock and agricultural products ( L.S.I. 191S, ch. 22, p. 74). In 1917 the county became active on account of stimulation by the Extension Department of the State University; duo to the fact that money grants to agricultural colleges for cxtensi-n work in agriculture and home economics among other purposes, was authorized by a national law I'mown as the Smith-Lever Act v;-hich vra.s approved May 8, 1914, (3C U, S. Statutes, Washington, D, C«, no date, ch, 79, p. 372). The f ourt e c'lrEli" ' s'cVsTon of the state legislature enacted a lavr allovl.ng the county co'.iiissioners to appropriate funds for dcmonstrction vrork in agriculture and home economics a.nd to employ n county agricultural agent in cooperation with the state university ( L.S.I . 1917, ch. 157, p. 4oS), The eighteenth session of the legislature enacted a lav; permitting the organization of fair districts, to consist of three or more covmties, on petition to the coimty coiTimissi oners of fifty-one percent of the voters of each county in the proposed district (L.S.I. 1925, ch. 131, p. 135). The twentieth - 31 - Governmental Organiza-bion and Records System - (First entry, p. 50 ) Agent of the People and of Coxmty Subdivisions Session of the legislature empowered the county commissioners to create a fair board on petition of fifty-one percent of the voters of the county. If agricultural fairs had been held in the county for two years, the commissioners had authority to create a fair board without a petition, ( L«S>I« 1929, ch, 208, p, 411.) At present the commissioners are allowed to levy a tax for weed eradication and to cooperate with property ovmers and the federal governmont in the eradication of noxious weeds (l« C«A« 1932, 22-1705 to 22-1712). Agent of the People and of County Subdivisions The county through its board of commissioners has long been the prime mover in the formation of county subdivision vmits and other related and unrelated acts of p.gency. A superficial examination of these may indicate that this fixnction rightfully belongs under the head of "Conduct of Elections" in-as-much as the holding of an election is usually though not always involved* This can be made clearer by an examination and analysis of some of the more important acts of agency. Prior to 1884 the only method of incorporating villages was by special act of the legislature. In thxt year a law was enacted authoriz- ing the incorporation of billagcc b-; the county coTJiiis si oners upon petition signed by a mr.jority of the tcotablc male inhabitants of the area proposed to bo incorporated ( L.T.I . 16b4-G5, sees. 1-29, pp. 87-95). The law now in operation is substantially tl-.c same form (l.C.A . 1932, 49-701), In 1891 the coimty commissioners were authorized to rccoivo petitions for changing the names of towns and upon the presentation of such petitions legally filed, to hold an election for that purpose (L.S.I. 1691, sec. 1, p. 127), In 1G93 the commissioners, on petition of the people in an organized school district to become an independent district, v^ro authoriz- ed to hold an election for the purpose (L.T.I. 1893, ch, 11, p, 2945 l.C.A. 1932, 32-307). The fifth scssion—oT^Tic state legislature authoriz- ed the county commissioners to hold elections for the organization of irrigation districts on being petitioned by the citizens included in the proposed district ( L.S.I . 1899, sees. 1-2, p. 108). The eighth session of the state legislature desif^natcd the county as a tax collecting agent for the cities, villages, and other independent taxing districts (L.S.I. 1905, sec, 1, p. 4). The sssao legislature authorized the form- ation of good road districts within the county and empowered the county comraissi oners upon boing petitioned by the residents of the proposed districts, to hold an election to determine the desire for organization of such districts (ibid., p. 237), In 1907, the county commissioners vrorc authorized, on petition of a majority of the voters, to call an election to determine v/hcthcr or not a herd district should be formed ( L.S.I , 1907, p, 126), Tvro years later the commissioners were authorized, on petition of a certa.in percent of the residents of the county, to hold an election to determine whether or not intosicating liquors should be sold in the county ( L,S.I . 1909, p. IIO). In 1921 the county commissioners, on petition of the majority of the residents of a good road district, wore authorized to disorganize such good road district, make levies for the expenses of disorganization and levy taxes for the payment of any out- standing indebtedness of tho district (L,S.I, 1921, ch. 148, p. 338), In 1929 the county commissioners on be ing"pct iti oncd by fifty-one percent of the voters of a county, were empowered to establish a Fair Board '• ; n. t • - 32 - GoTcrimcntal Organization and Records System - (First entry, p. 50 ) Overlapping of Local Authorities with Each Other and with State Authority; General Records System ( L.S.I , 1929, oh. 208, p. 411), Overlapping of Local Authorities vdth Each Other and with State Authority The system of local government tn the Northwest has been characterized as a mixed system due to the overlapping of city or village functions and county functions as well as to the performance of independent functions by the cities and villages within county limits. ViJhen cities and villages were created and given a charter of authority, certain duplications of the county government are notcworthji. The city police department and the town marshals have authority in the matter of law cnf orcomcnt, within city or village limits, co-cxtensive with the constables in the precincts and the sheriffs of the counties. A general lav^r was enacted in 1893 giving policemen the powor to make arrests of all offenders against the law of the state in the same manner as the sheriff or constable (L.S.I. 1C93, sec, 19, p. 100; I.C.A . 1932, 49-708). The same enactment gave the police judges jurisdiction with the justices of the peace in the inatter of trying misdemeanor cases arising mthin the city limits (L,S.I, 1893, sec, 22, p, 101), The law has been modified since that time, granting this jurisdiction only in cases where no justice of the peace resides within the city or village limits ( l«C,A , 1932, 49-711), The same statute that gave the counties the right to organize the boards of health and appoint a county physician, gave the cities and villages the right to organize local boards of health to include as a member of the board at least one phy?icidn ( ibid, , 38-301), Municipal corporations also have the power to acquire hospital grounds, buildings and equipment, and operate hospitals (ibid,, 49-1138), The overlapping of functions is not confined to local governmental units. State authority also overlaps authority delegated to counties. In 1919 an attempt v/as made by the state to tako the lead in the matter of law enforcement. The fifteenth session of the state legislature created a State Constabulary with broad law enforcement powers and with jurisdiction oo-cxtensivc with the boundaries of the state (l,S ,I, 1919, ch, 103, p, 368), Tho law was rcenactcd and put on a firmer Vasis in 1921 ( l.S,I , 1921, ch, 67, p. 126), but was rcpoalod in 1923 ( l,S,I , 1923, ch» l2, p. 14), The fifteenth session of the legislature created, among other departments, a State Department of Law Enforcement yrith a commissioner and persons deputized by him as state policemen, Tho stato policemen f. re de^-ignatod as pcaco officers and havo tho same authority within any county as the sheriff (L »S,I , 1919, ch. 8, art. 3, sec, 33, p, 62; I,C,A, 1932, 65-2824), In practice, the activi+ics of these State officers arc confined largely to enforcement of tho state traffic laws and Department of Law Enf orcer.ont regulations. General Records System Tho county records of Idalio counties are a mixture of those definitely require^ by law and the form prescribed, those adopted because of duties • » :>:r:r' l,L..*.; •• 33 "-• Gcrvcmmcntal Organization and Kocords System - (First entry, p. 50) Gcnoral Records System proscribed by law ^Thich required the keeping of records not lc[;ally required, and combinations of these adopted as a matter of convenicnco in office pro- cedure. The records in Idaho covmties seldom date farther bo.ck tiian 1863, the year in which Idaho territory was organized* The fcvj- records antedating this period, do so only by a year or tvro. In general, vfhorc the functions of the county wore v/cll defined, the first territorial legislature designated the records to be kept and in many cases prescribed the form. The first session of the Iggislaturc prescribed thirteen types of iiiajor records for the recorder's office (L.T.I, 1863-64, sees, 70-72, pp, 48G-90), I.Iany of the court records also v/cre prescribed in kind and form* When the appointive office of clerk of the district court vras made an elective constitutional office in 1890, and the duties of auditor and re- corder virere made ox officio duties of the cler]:, some fusion of records occurrod* The foe records, separate v/hcn the clerk of the district court was an appointive officer and the recorder olecirive, mth the ex officio duties of auditor, are now usually kept as one series with separate columns for the clerk's, auditor's, and recorder's fees. In many coiiities, the fee book has been combined with the Reception Record© originally intended as a recorder's record only, A general index which is prescribed and was kept before the adoption of the Reception Record, has been displaced by the Re- ception Record in many counties. The former record usually contained much of the information required to be kept in the latter and to that extent yros a duplication. In some counties both records are being kept* The Judgment Docket originally prescribed as a court record (ibid,, title 6, sec, 200, p, 121) and the Transcript of Judgment Book prescribed as a recorder's re- cord ( ibid, , sec,, 70, p. 488) have bccciao sjcancwhat confused* The latter has been discontinued as a separate record in most of the counties^ although it is still listed as a record required to be kept by the recorder in v;hich to record transcripts of judgment -.Thich by lav;' are made a lien on real pro- perty. This confusion vjas brought a.bout by changes in the lav; as vrell as realignment in officers mider the constitution. Transcripts of judgment are those transcribed in brief form by one county and sent to another county for record there and to create a lien on any property of the judgment debtor in the county to vrfiich the transcription v>ras sent. The lav; originally allovred the clerk of the district court of one county to send a transcript of any judgment on his docket to the recorder of another county to be filed and made a lien on all property of the judgment debtor in the county to v;hich sent (R.S. 1887, sec* 4460)* Khen the offices of clerk and recorder v;ere separoute the only record v;hich the recori^or had for those v/as the Transcript of Judgment Book, Later, the lav; v;as changed and the trojiscript sent to the clerk of the other county instead of the recorder (l.C.A* 1952, 7-1110) and must bo docketed in order to bocor.ic; a lion, Tliis ritade it necessary to put trqnscripts on the docket v;hich in most counties, in the absence of a Trans- cript of Jtidgment Book, is serving as both a court and a rocorder's record* The earlier probate court records in the original Idalio counties are very much confused duo to the fact that most of the duties in connection vri.th estate matters v;cre prescribed in the first enactment of the Probate Practice Act but not all of the records v;erc provided for* This causod much miscellar oous recording v;hich continued for some time even after separate records wore 0'. Governmental Organization and Records System - (First entr^-, p, 50) General Records System prescribed. The separate duties of this one court, namely as a court for the settlement of estates and a court of civil and criminal jurisdiction had a tendency to confuse the records. This is especially true of the minute books* Usually ta'/o minute becks -/rare kept, one called "Probate I.Iin- utos", for the recording of miscellaneous matters in coixnoction ^J•ith estates and another designated as "Probate Court I/Iinutos" for the recording of mem'* oranda coraiccted mth civil and criminal cases. Those iy.ro vrore used inter- changeably by ncv/ly elected and inexperienced probate judges • A considerable number of chan.gcs have been made in the financial recordr of the counties duo partly to the cr.orcise of supervisory authority by the state; the extent of this is not entirely clear* As early as 1905 the state began to exorcise some control over the accounting systems of the county. This control has boon shifted from one authority to another since tlia.t time* The eighth session of the sta.te legislature made the state insura^nco cn^sAccxoncT ex officio stato cxojaincr and Vested him with the authority to ©nfcrce iiiform systems of accounting in the counties (L.S.I. 1905, sec, 3, p, 3b'6'Ja The lav; vras amended in 1913 making the stato auditor ex officio stato cxan.incr rrith the same powers as were vested in the State Insurance Cc;.mi3Gi oners (L.S.I. 1913, ch. 111, p. 431), The law v/as changed ai_;ain in 1919 by the creation of a Department of Finance w2iich vrc.s given among other duties, supervision over accounting systems of the counties (L ,S»I . 1919, ch, 8, art, 3, sec* 29, p, 57)* In 1923, a Bureau of P'ablic Accounts v/ar. created in the office of state auditor and the governor made the chief officer ( L.S .1 , 1923, ch, 164, p. 243), The auditor v/as now held responsible among other duties for onfcrcing a uniform system of accounts in the various ccr.nties ( L.S.I . 1923, sec, 287, p, 245; 1 .0 .A . 1932, 65-2604), In 1933, the Bureau of Accounts ^vas transferred to the office of the governor ( L.S.I. 1933, ch, 103, p. 183)* Under the present set-up the governor and the state auditor cooperate in enforcing the provisions of the law in the counties in so far as the law is enforced* The only control exercised is in respect to the financial records of the county* Some changes in the keeping of financial records have oocurred in the counties. The changes have not always been imiform throughout the state, a circumstance which suggests thr.t many of the changes were not inspired by the state supervisor) The commissioners arc required to keep a record of the claim allov;*- ances and the auditor a vnrrant register ( l.C>A. . 1932, 30-509)* "Wlion these records are kept as provided by lav/, the a.uditors in most of the counties, for their own convenience, are keeping an Abstract of Expend- itures record v/hich is similar to the v/arrant register but contaxiis more information. In many counties the allo^Taaicc book as a separa.to record is no longer kept. It being so nearly li]:e a v;arrant register, the necessity of keeping both is not pressing* In loany cases, these have been combined under a title such as "Allovj-anco Book and Yfarront Register" or some variation of this title. In some counties v/hc: the allovrt'oicc record is kept the warrant register is combined vdth the 'Abstract of expend itiu-os record imder some such title as '^.'fcrrant Register o.nd Abstract of Expend- itures"* In other counties all three records are being kept, Sciiic counties hOwVe abandoned the register typo of v/arrant record and arc - 35 - Governmental Organization and Records System « (First entry, p, 50) General Records System keeping duplicates of warrants issued, as the only vro.rrant record. Legal provision is made foriccording all wills admitted to probate, in the re- corder's office ( L.T.I , 1863-64, sec, 70, p, 488), This has not been done as a matter of general practice. The record is alivr.ys kept in the probate court. Certified copies of vdlls from other counties and states in cases where the testator has property in the home county, arc re- corded in the recorder's miscellaneous rocord» Sinco the advent of the typev/ritcr and the bookkeeping machines, thorc has been a tendency to uso loose leaf binders and in case of finan- cial records and others considered of little importance, to transfer the contents of the binder to a bundle, roll, or package container and use "tie same binder indefinitely. Sometimes a transfer binder is used but more often the loose Sheets are rolled up or put in a package or thrown in some old store room without regard to future preservation or use. The loose leaf record is much more c onvenienfhi '; the bound record is likely to be more permanent. Few counties have any desire to preserve their old financial records a:id reports and sec littlo good to bo gained from the preservation of old taxpayers statements and duplicate receipts as well a* many others* ' Thoro is no provision of law allov/ing the destruction of these. Thus most of the counties arc in position of being compelled by law to preserve all of their old records and compelled by necessity to destroy some of these on account of the lack of storage space. Many of the old records and file box contents are missing and presumably have been destroyed. There is no central depository in the state for these old re- cords and no uniform policy for their care or disposal, A peculiar circumstance exists in many counties in regard to the justice of the peace dockets and other records. Justice q uartcrs arc usually in the homes or business offices of the justices and have no particular place for an accumulation of records. The law requires that each justice deliver all the old records to his successor ( l,C*A» 1932, 10-1304) and a penalty is imposed for refusal or neglect to do this (ibid», 10-1309), Yet fe\7 justices have a complete set even of their principal record, the dockets. The records of each office are discussed in the essay on the particular office. 8>: ' O CO « ^ I Hyp I d ^ Ej g-; CO CD -H O C3 O o ->- ^ ro ^ o c^ ro « ^ >H a w ^ S o CO o • T) < ^ • C -p— ' y Tl CO ci o +J o Ph • ^ Q^ C/J 4J 1 CVI i o a f-^ (^ o CD t-l QJ « s ■S • o Q) (!■) o +^ • F- CO o >. -P o iO. fi w__ Q s ^ « ^ g M M O M fe ['' o n !m i ti s o o H "s^ . o ct; M W ^s PQ P4 O f^ w o 1 Ph 1 1 > ^ •r-l It-) :3 fH •H "W •H p O ■P o -P 73 •r-l ■P O d (U += S CD o •H +3 C/J ■P a •H o o ri CO a o P. 0) o ■p o •H ft rH o CO o Vl 1 1 c; 1 - 'IB0LS, AITO EXPLANATORY NOTES Abbreviations a. a, ..•.••.••.••••.c«*>»***** agricultural agont act ••.•..••*•..••••••>••••••• active alph, •••.••.•• .....••••• .alphabetical (ly) am. ... ... .....••'••••••• amended approx * approximate (ly) arr, •••.• •.•«.•....•••• arranged, arrangement art. •••».••••••.•• •«<••.••.• article assr. •••••«.«.•••..•••'"' •.••• assessor aud, .••...•.•••.•.*.. •• . auditor aver. .«•>••.••.••«.••••••*•«••••••• average bsmt, •«*..••.•. •• ««•.« basement cab, ••••••••«..•«..••• •• cabinet C.C. •«••<.••••■••••••••••••••.• County Courthouse C.C.P t 1881 ••• .«• Code of Civil Procedure 188 1 of, • ••«••.••••«•••••.•>••• refer to, compare with ch. •••••.•..•.*.• ••••••..•» chapter C»H» •••••••.*• ....»••..♦••••• City Hall chron* *••••%.. ••«• •• chronological (ly) C.L, 1918 •.••••••••••••••*• Compiled laws of Idaho 1918 CO. ••• •••.. •••• county CO. cemm. ••«.••••.•«•••••••••• .county commissioners Comp. Laws 1874-75 a..... .Compiled Laws 1874^5 Const, Con. Pro, 1889 • , . ,- Constitutional Convontion Proooodings '1889 Const, of Ida, 1890 ,.,,••••••••• .Consti+iition of Idaho 1C90 cor, r~» ii t • ••*«•.»•.•••••».♦»•••••••• coroner Cr, Prac, ..••,,.,....•.• ,,.,.*• Criminal Practices C.S, 1919 Idaho Coapiled Statutes 1919 cfTst, ct. .,,,.. ...••• .district court H.B, ,, • . . ...•....•,••.*••••••* House Bill hdw. ., •• .,.• ,..•.••,«•••••••••• handwritten Hist, , ., . ♦. History H.J.R. . ,. • ••,.,•••••.••.•.• Hoviso Joint Resolution ibid, • ., • ,•••,•••••«•••• (ibidem) in the same place I.'CA, 1932 • ,, ,,.,••, Idaho Code Annotated 1932 instr, , ,, e .....,..•..••.•••. instrument J.p. .. •• • .•.•••••.»«.•••••• justice of the peace L.S.I and S.L, (sessions by dates) , , , , . General Laws of the State of Idaho 1890— L.T.I, (sessions by dates) , • • Laws of the forritory of Idaho 1863-89 TTTM, 1854 ••,••,,«••• Laws of the Territory of Washington 1854 no., nos ••« number (s) num ,,•• • numerical (ly) 0,A» 1863 ,,......., Organic Act of the Territory of Idaho 1863 ^, ©ffioc op, cit, ., •••.••.••.•.•• (oporo oitito) ijj the work cited Pac. ••,• ,,,....•••• •••• .Pacific Reports p., pp pc^ge(s) p»j» ,,•• ,.,.,.•« probate Judge R,C, 1908 •« •,.,,•,.••.••..•• Idaho Revised Code 1908 rec", «,,,• ,,,••....•••••••••••••••• recorder reen, .,•• ......•...••o.. ••••••••• reenacted rm • • . . roo"i i ♦ > \ * * ' A r if * *■ «-. ^ ., V • * •I « V » X f , -I '- T * * H' : H •* V *. r ■; ■ :S;I ::^v . •I ;,'*,"( -Vy!; t r » *,. s t» ? * - 42 - List of Abbreviations, Synbols, and Explanaton/ (First cntr^^, p, 50) Notes - Symbols; Explanatory Notes R.S . 1887 ....*..... Revised Statutes of Idaho 1887 sec. •• ••........•...••••••••.•.••• section sh. •• ....... .....•...•..••• sheriff st storage strm , storeroom subdiv • subdivision supra. • •••«.• • above supt. sch, ........... ....... superintendent of schools sur* •• . ..».....•..••. surveyor tax col. •.•• ....•.....••*.. tax collector treas, • * • •..•• treasurer twp. •■ •..*•....•...•.........•.•.• tOTmship U.S. • •.* United States v., or vs. ...•...• ............... .vers^is, against U.S. Code /mn, United States Code Annotated va, ■.<>....•.....■ .....••.* vault vol., vols. •• volume (s) TiTash. Codes 1881 "/Washington Codes 1881 Symbols X by (dimensions) — placed after a year date means from that year to the present time. ' feet e.s. as in vault dimensions 9' x 12» x 8'» Explanatory Notes As nearly as possible the list of abbreviations conforms to the ones used throughout other states. For the sake of ease in reading, no abbrevi- ations are used in the descriptions of the entries. In the inr'ividual entries, the titles not in parentheses are shovm ex- actly as they appear on the voluraes or file boxes. The current or most recent title is used as the title of the entry and significant variations are shc/m in the title line; in a fe^v instances there may be shovm a title variant without the number of file boxes or volumes for that particular variant because the information is lacking. The titles in parentheses in upper case are assigned titlec indicating tlir.t the records are in a con- tainer of some sort and the container has no title or label on th.c outside. Titles of artificial entries are also in solid capitals and enclosed in parentheses. The titles in parentheses in lovror case are those added by the editor to make the exact title clearer. In the title line of the indi- vidual entries an attempt has been made to account for any missing records; the reason they are missing, if it could be determined, is given, other- wise a statement to the effect that they could not be found, l^Vliere no statement is made that the record v/as discontinued at the last date shown in the entry, it could not be definitely established that such ■'-vas the case. Tihere no comiaont is made on the absence of prior or subsequent records, no definite information could be obtained. If the records in volume form arc numbered or lettered, it is indicated on the title line of the entry in parentheses, immediately following the - 43 - Abbreviations, Symbols, and Explanatory (First entry, p. 50) Notes - Explanatory Notes quantit\' of the rpoords. In some oases labeling is not given due to lack of information. If there are entries related in subject matter to other subjects head- ings, they are cross-referenced under there subject headings by the words "see also entries (number of the entries)". Where one entry is closely related to another entry t!ie cross-referencing is fron entry to entry b^- means of a third paragraph. Title line cross-references are used to com- plete records which for part of the time appear as separate individual re- cords and for a period are found in other :\iore inclusive volumes or files, as in entry 49, "1881-96, 1906-- in Deed Record, entry 41". They are also used in artificial entries for those records that must be shown separately under their own proper office or seotion heading, even though they are kept in other files or volumes which appear elsewhere in the inventory, as in entry 99, "1885— in Miscellar.eous Records, entry 133". In both instances the description of the master entry shoves the title and the entry number of the record from which the cross-ref orence is ma'ie as in ontr^' 16£, "In- cludes (Agreements), 1835 — , entry 99". The dates shovra in the enumeration of the contents of the master entry, i. e. the listing of the title of each artificial entry, represent only the time that thoso speci<"ic items appear in this record, and are shown only when they vary from ths date item given in the title line of the master entry. The indexing of some records is solf-contained; ho.vever, ij' a record has an index which is not self-containod , cross-ref ercice /dthin the entry is made to the entry serving that record as an index. ThiS physical condition of records is assumed to be good unless other- v\ris.. indicated in the individual entries. iihen records arc trc;.i:scribcd from other coimties, the entries ma'.e mention of that fact. Sirce measurements of voluji^es and other containers -vithin ■. ntries are alv>rays given in inches, the symbol for inches ■('') has been omitted after the numbers. The di lensior for volumes and bundles r-.rc alv.ays riven in the sequence of height, width, thicicness; for file cases, boxes, and other coi.iainers, hei;i^ht, '.vidth, depth. The locations given for the records were the locatio:is r.t t'-e time the survey was made. These die, oi course, subject to chr,n.'je as it has been found that the records in the courthouses may be ti0v;:c! occasionally from place to place, bnless otherwise indicr.ted, all records ere locr.ted in the county courthouse. In some few cases, where parts of series of volumes or file boxes are in two or more different locations, the exact number and dates of the re- spective parts do not apperr; when this is the case, it is because the field work in this county has been romplotc;^ without these ito.ns of infor- mation being furnished. In the essay on governmental organization and records system and in the legal background essays for the vrious o^'fices the statements as to the law in the specific instances are carefully docuiionted ly reference to _ A4 - List of Abbreviations, Symbols and Explanatory (First entry, p, 50) Motes - Explanatory Notes or citation of specific statutes or corstitutional provisions. It will bo noted that there is not entire consistency a" to sequence in volunc, chap- tor, section, and page for the reason that all session lavrs are not uiiiform as to chapters and titles of lavfs. Some books have chapter designations and within the chapters are title dcsignati&ns and f:oction numbers. Others have no chapter or title designations at all. Seme of the volirios contain chapter and title designations in part of the voliAinc ojid not in other parts* Full citations arc given in all cases vrhcrc tV:cy appear in the volume, -.vith one exccptionj if an entire enactment is referred to, only the title of the voliome, the date, the cliapter designation, if there be one, and the pa.go on which the law Ijregins, are included in the citation. Vfl-'.en reference is made to a code, the title and date of the volume are given together with the ti- tle of the enactment and the section numbersj sometimes there is no titl® of enactment. In cases where a legislative session covers partt.; of t-.To years, the fact is indicated thus 1865-64, -^ session designated by a single year, for example "1895", indicates that the soscion began and ended in the same year. First entry, p, 50) I, BOARD OF COmTTY COlUnSSIOIERS The board of county commissioners, primarily the administrative and supervisory unit of county goveriiment, v/as not provided for in the Organic Act creating the territory of Idaho, Precedent for this body is derived immediately from the territory of Washington, Provision was made by the first territorial legislature of Idaho Territory for a board of three com- missioners, to be elected by the several counties at the next general elec- tion. The comj-idss loners, elected under the Washington territoria.l lav;, vrere authorized to continue in office until their successors were elected and qualified, (L.T.I. 1863-64, sec. 1, p. 523.) The county board guided by state law is the governing body of the co\m- ty although its decisions are not final. Provision has been made whereby any person not satisfied with a decision of tlie board may appeal ( L.T.I, 1863-64, sec. 24, p. 526j I_.C_._A, 1932, 30-1108) to the district court and have the matter adjudicated there in the 3a.me manner as other cases (L.T.I, 1863-64, sec, 24, p, 526; I .C .A, 1932, 50-1109). The members of the first board of commissioners were elected for one, tv/o, and three years respectively; the term of office of each vra.s determined by lot at the first session. Provision was no.de for the election of one commissioner at each ensuing election to serve "or a period of three years. If there were three or more election districts in the county no two members were permitted to be elected from the same district, ( L.T.I > 1863-64, sec, 2, p, 523,) Tlius the membership of the board was made continuous mth two- tlairds of the members remaining in offico from one election to another. The first territorial legislature made the coujity auditor clerk of the board (ibid,, sec, 6, p, 524), The second territorial legislature meeting in the autuinn of 1864, made the county clerk, clerk of the board of commis- sioners (L.T.I, 1864, ch, 9, sec. 6, p, 393), The county clerk continued to be clerk until 1873 when the recorder as c::: officio auditor ivas again made clerk by an act approved in 1872 and effective in 1873 ( L,T.I « 1871- 72, sees, 8 and 9, p, 20) and was clerk until 1890, Under the state consti- tution the ex officio auditor continues to bo clerk but the clerk of the district court was now made ex officio auditor instead of the recorder ( Const, of Ida , 1890, art, 18, sec, 6; I.G.A , 1932, 30-607), In 1969, the term of offico vras changed from three to two years and the entire body elected at each biennial election (L.T.I, 1868-69, ch, 15, sec, 2, p, 101) by the qualified electors of each of tliroo districts established for that purpose (ibid,, sec, 3, p, 102), instead of by the electors of the county as a whole. The eighth territorial legislatiire changed the laws of 1869 by making provision for the election of a county board by the electors of the county as a whole ( L.T,I . 1874-75, sec, 2, p, 521), The lav/ on this point was changed again in 1885 providing for the division of the aovinty into three districts numbered one, t-.rb, tliree» ^Sid. the. elect ion of the three commissioners by the electors of the separate districts ( L,T.I , 1884-85, sees, 1-3, p, 85), A law •'*ms enacted in 1887, the wording of wliich is as follov/s: "There must be held throughout the territory • , , • an election to be knovm as a general election (R.S, 1837, sec, 465), At such election there must be elected • • . , one county commissioner for each of three districts of each county ( ibid ., sec, 466)", and each member of the board must be an oloctor of the district he represents (R«Sj^ 18C7, sec. - 46 ~ Board of County Commissioners (First entry, p, 50) 1746; I.e. A . 1932, 30-602), There was sono confusion as to the interpretat- ion of these IciY/s. The supreme court of the territory ruled that provision was made for the election of three coiriais si oners at large v;ho must be resi- dents of the separate districts (Cuiinin.'^lLani v. George, 3 Idaho , p. 456), When the state constitution v/as framed ejid adopted in 1690, provision v.-as made for a board of three commissioners (Const , of_ _Ida« 1890, art, IL, see* 10 ), and all county officers including the coiTimisVi oners were to bo elected biennially (ibid., sec, 6), An amendment to article IG section 10 of the constitution~was adopted in 1954 providing for the election in 1936 of two members for a period of tvro years caid one for a term of four years. Pro- vision was made for the election every t\v-o years thereafter, of one member for a term of two years and one for a term, of four years. Supporting legi- slation was enacted in 1935 which provided for the election of commissioners as required by the constitution amendment and in addition provided that district number one should elect the long term comn-dssioncr first, district number tvro, second, district nunbdr three, third and repeat in the same rotation each election thereafter ( L.T.I , 1935, ch, 18, p, 37). The board of county coimissioners is na^n a continuous body, composed of qualified electors; each commissioner a resident of his respective dis- trict, and all commissioners elected by the voter?: of the county at large. The fourth session of the territorial legislature provided that one vacancy in the membership of the board should be filled by an appointee of the other two members but if more than nne vacancy occurred at any one time a special election must be held to fill the vacancies (L.T.I_. 1886-67, ch, 53, sees. 3 and 4, p. 131), This lavf was repealed in 1890 and provision made for the filling of vacancies by the jjovernor of the state (L_._S.I. 1890-91, sec, 171, p. 106; I.C.A, 1932, 57-905).*fl The organization's? Kootenai County vies completed in 18S1 by the appointment by the governor of three coimty commissioners (cf essay on goverm;iental organization and records, page 10 ), Kootenai County is the only comity given a st;b-class three rating by the statute prescribing a classification of counties for the purpose of fixing the salaries cf the comity comjiissioners (L«S,I. 1937, ch, 186, p, 309). The salary of the board members is fixed at twelve hundred dollars per year and in addition all actual and necessary expenses ( L.S.I . 1937, ch, 91, p. 123). A rather peculiar circumstance has developed v.lth respect to the relationship of the county board to iaany of the comity f mictions as out- lined, IVhen the state constitution v/as frcuned and adopted in 1890, certain county officers vrere enumerated as constitutional and future state Icgi- slatora wore prohibited from increasing the list as sot forth in the con- stitution (C onst, of Ida , 1890, art. 18, sec, 6). The constitution was amended in T896 making the district attorney's office a coi.mty instead of a district office (ibid., art, 5, sec. 18; am.endmcnt 3). No further amend- ments increasing the nmnber of county officers have been made. The press- ure of additional functions to be performed by the counties and the apparen. desire to perform them together vd.th unvrillingncss to have the constitution amended, has resulted in circumventing that document by the appointment of various county boards and individual appointees. The covo:ty agrJ ('"Itural agent, county physician, covmty hoo'l+h ; f ficor, end noxmty . welfare commission are examples. Legally, thcso arc treated as quasi - 47 - Board of CountjA Cor^raisci oners (First entry, p. 50) county officers* Their duties are prescribed by lav/ in most instances without roforcnce to the county commissioners (cf« essays on these officeS| pages 175,169,169, 170,-173), As a matter of fact, vath the exception of the agricultural agent vrho is appointed jeintlj;- by the board of commissioners and the extension department of the University of Idaho, they arc appointed agents of the county commissioners, and sub-agents of the county. If these can be considered agents of the county commissioners, the county board ftirc- ing through them perform many of the county functions. If not, the courii-y commissioners are gradually acquiring by lav: the right to shift an increas- ing number of po^vers and duties to appointive boards cjad agents as quasi county officers and have done this by the appointment of the above named commission and individual appointees. The board of commissioners has been referred to as an administrative and supervisor^'- body. Administration of the business affairs of the coimty and supervision of officers are its major functions. The commissioners also perform themselves, or through their appointees, (if the appointees can be considered agents of the county board) many of the primar^^ fujictions of county government such as social welfare activities, agricultural ac- tivities, health and sanitation, conducting elections, building and main- taining county roads and bridgesj and also have a large measure of respon- sibility in the execution of the fiscal processes of the county. The fix- ing of tax levies and passing upon claims are the most important. The performance of some of these are mx>.de mandatory by state lav/ while the per- formance of others are descretibnary in-as-much as they are only permitted by state lav/. The first territorial legislature reqtdred the board of coimty commis- sioners to hold four regular sessions armually in January, April, July and October, This requirement is substantially the same at present. ( L.T.I . 1865-64, sec. 5,, p, 523; I.,C_^c 1932, 30-010.) The board is now required to hold four regular scssi'ons and must continue in session from time to time until all the business before it is disposed of; to hold sessions as a board of can^^assers; a board of equalization; or for other purposes as prescribed by law or provided for by the board. It may hold adjourned meetings for the transaction of business when an order is duly entered on the record specifying the character of the business to bo transacted at each m.ejting, ojid none other than that specified many be transacted (L.T.I. 1868-69, ch, 15^ sec. 4, po 102; I.C.Ao 1932^ 30-611), In practice tH5 county boards usually meet monthly in accordance vnth the law permitting adjourned mectingse Special meetings may be held at any time after the adjour/Lncnt of a regular meeting by an order of the majority of the ^board entered on tho record and five days notice given to the member not joining in the order. The order for the special mooting must specify the business to be transacted, (L.,T.I« 1866-69, ch, 15, sec. 5, p. 102; I.C. A. 1952, 30-'5\?,") All the moel:Ings of the board must be public and the ..''jcords cpon to inspection ( L.T.I , 1868-59, ch, 15, sees. 6 and 8, p. Iu3; I.C.A . 1932, 30-613), The county comraissioncrs have a v/ide variety of powers and duties; some arc funeral and some specific. A detailed listing of all povrors and duties is not p.ttompted here. The county board was vested vdLth some general powers and duties by the first territorial legislature, Ivlost of those remain substantially the Board of County Commissionora (First entry, p. 50) SEunc at present. The county board is authorized: To provide for the erection and repairing of court houses, jails, and other noccscary Duildin,'^s for the use of the county ( L.T.I . 1863-64, soc. 11, p. 524; I.CA. 19o2, 30-801); to lay out, discontinue and alter roads and do all o'^ETicr necessary acts relating thereto ( L»T.I . 1863-04, sec, 11, p, 524; I_.^-A.. 1932, 30-705); to license ferries, toll' roads and'toll "bridges (E.T.1, 1CG3-64, sec, 13, p •< 524;: 1932,30-721); to fix the amoi-Uit of tajces to be 'asse'sscd according to iavf and cause the same to be collected (L.T.I. 1863-64, sec. 11, p. 524; I.CA . 1932, 30-717); to allow all acoounts~h?jr"gcable against the county no^E otherwise provided for (L.T.I, 1863-64, sec. 11, p. 524; I .CA . 1932, 30- 716); to audit the accounts of all officers having the dutj/ of colloction, disbursement mcjiagemcnt, or care of county money (L.T.I, 1863-64, sec. 11, p. 524; I .CA , 1932, 30-715); to have tiic care of ^luT "county property and managemont of county funds and general county business (L.T.I, 1863-64, sec. 11, p. 524; I.CA . 1932, 30-707); to sig^i all officraTTovinty documents through the medium of thoir chairman and clerk (L .T,I , 1865-64, sec, 14, p. 525; I.CA . 1932, 30-607); to hold cj:tra session (TTC,!. 1S63-G4, sec. 7, p, 524; I.CA » 1932, 30-612); to administer all oaths and affirmations in the discharge of their duties (L.T.I. 1863-64, sec, 22, p. 526; I.CA . 1932, 30-606); to divide the comrby i;;.to justice precincts, election pre- cincts, road and other districts, change the same, create others if they are required for the sake of convenience ( R.S , 18b7, sec, 1759; I.C A. 1932, 30-703); to appoint judges of election and canvass votes ( R,S ~1887, sec, 1759; I.CA . 1932, 50-704); to receive and pass upon the resignations of county and precinct officers (L.T.I. 1863-34, sec, 9, p. 593; I.C.A . 1932, 57-902); to fill all vacancies TTn county and precinct offices (cixcopt vacancies in their o'wn body) when such vacancies occur (L.T.I, 1863-64, sec. 13, p. 524; I,C.A » 1932, 30-723); to make contracts for cmmty printing and provide books and stationery for tlie county offices (L.T.I, 1C63-64, sec, 15, p. 525; I» C.A, 1932, 30-724); to Ic^r^j taxes for the care of tho indi- gent sick anlT'otherwise dependent poor o.nd to erect and provide personnel for hospitals (R.S, 1887, sec. 1759, subdiv. .5; L^.A. 1932, 30-3501), It is the general duty of the county beard: To assume entire responsi- bility for the care of the poor (L .T.I . 1863-64, sec. 19, p. 526; I.CA. 1932, 30-3301; am. 1935, ch, 62, p. 114; ara. 1937, ch. 81, p. 108); 'to pre- pare, spread upon their ninutes^ and publish statements of financial opera- tions ( L.T.I , 1863-64, sec. 16, p. 525; I.CA. 1932, 30-1117). Some principal powers and duties have been acquired by tlie county board since 1864. The county commissioners as a board have povrer to hold adjourned meetings ( L.T.I . 1868-69, ch. 15, sec. 4, p. 102; I.C. A. 1932, 30-611); to sell county property ( L. T. I . 1868-69, ch, 15, sec. 37 p. 104; I.CA. 1932, 30-708); to control the pTFosecution and defense of all cases to which the covinty is a party ( L.T.I , 1868-69, ch, IG, sec, 9, p. 104; I.C.A. 1932, 30-719); to supervise the official conduct of all county officers and all officers of districts or other subdivisions of the county having charge of the collection ,care, irianagement o.nd disbursement of money, approve the official bonds of county and precinct officers, require re- newals of bonds and compel county and precinct officers to make reports and submit their books for inspection ( L.T.I . 1868-59, ch. 15, sec. 9, p, 104; I.CA. 1932, 30-702); to divide the county into cojnmissioners districts (L.T.I. 1868-69, ch, 15, sec, 3, p, 102; I,C,A, 1052, 30-604); to act as a - 49 « Board of County Commissioners (First entry, p, 50) board of canvassers ( L.T,I . 1868-69, ch, 15, sec, 9, p. 104; I»C«A . 1932, 33-1110); to grant leaves of absence to county officers except the probate judge ( L.T.I , 1872-75, p. 27; I,C,A. 1952, 30-745); to supervise the annual settlement of the county treasurer and the county auditor ( R»S , 1887, sec, 1850; I.CA. 1932, 30-1612); to incorporate villages ( L.T,l7 T884-85, p, 87; I.CA , 1932, 49-701); to insure the county buildings for the benefit of the county (r.S, 1887, sec. 1759; I.C.A . 1932, 30-720); to fix the sal- aries of county officers not provided for by general or special laws and to provide for the payraent of the same ( R,S . 1887, sec, 1759; I.C,A , 1932, 30-725); to make and enforce such rules and regulations for the govommont of their body, preservation of order and the transaction of business as may be necessary (R.S, 1887, sec. 1759; I.C.A. 1932, 30-726); to adopt a seal for their oHTce ( R.S , 1887, sec. 1759; I.CA. 1932, 80-727). The board has more specific powers and duties as follows: It has power to act as an ex officio county board of health, appoint a health officer and also a coimty physician ( L,T.I , 1884-85, p. 52; I.C.A . 1932, 38-301); to authorize the issuance of county bonds ( R.S . 1887, sec. 3602; am. L.S.I . 1099, p. 137; I. C.A. 1932, 55-203); to acFTs ex officio trustees of unorganized school dis^icts ( L.S.I . 1929, ch. 101, sec. 2, p. 165; I.C.A . 1932, 32-4(32); to maintain exh!ibits in aid of agricultural fairs ( L,s.I . 1911, ch. 95, sec. 1, p. 340; I.C.A . 1932, 30-729); to maintain fair grounds ( L.S.I. 1915, ch. 22,. p. 74; I.C.A. 1932, 30-728); to provide money for demonstration v/ork in agriculture and home economics and to hire an agricultural agent ( L.S.I , 1917, ch. 157, p. 483; I.C.A . 1932, 30-732); to employ a graduate trained nurse ( L.S.I . 1919, ch. 142, sec, 1, p. 437; I.C.A. 1932, 30-739); to appoint one member of the county welfare commiss- ion and to act Jointly vri-th the State Department of Public Assistance in 4ppointing three other members of the same body ( L.S.I , 1937, ch. 216, sec, 11, p. 379); to appoint county road supervisors ' ( L.S.I . 1915, ch. 60, sec, 3, p. 168; I.C.A . 1952, 39-408); to do all other '-fc'hings required by law or which may be necessary to the proper discharge of their duties ( R.S . 1887, sec. 1759, subdiv. 22; I.C.A , 1932, 30-734). It has been made a specific duty of the county board: To compile jury lists for service ( C.C.P , 1881, sec. 8C-; I.C.A . 1932, 2-301; to cause to be published monthly a brief statement of their proceedings and a state- ment of the financial condition of the county semi-annually ( R.S , 1887, sec. 1759; I,C,A. 1932, 30-725); to provide all election supplies for the use of the precincts ( L.T.I . 1885, sec. 12, p. 109; I.C.A . 1932, 30-741). The county commissioners are required to keep the following records; A minute book in vfhich must be recorded all orders and decrees made by the board ( L.T.I , 1863-64, sec. 13, p. 524; I.C.A . 1932, 30-609); an allowance book in v/hich must be recorded all orders for the allowance of money from the county treasury showing to whom made and on vAiat account; a road book containing all proceedings and adjudications relating to the establishment, maintenance, change aiid discontinuance of reads, road districts, overseers, their reports and accoxmts; a franchise book containing a record of all franchises granted by the board; a warrant book to be kept by the auditor as clork of the board in which must be entered in the order of drawing, all warrants drawn on the treasury ( R.S , 1887, soc, 1754; I_._C,A» 1932, 30-609 )♦ In addition to the above records there arc usually found originals of \, * • -'■ t • •- .V. \ - r , t »-,•.■.• I. )| . i v.. 1 ■ , ft.j.' V!- ■.0 « « ■ i • fK..:l .1: '■■■ - 50 - Board of County Comr.iis si oners - Proceedings j Taxes (l~-) qiiarterly reports made by other officers, and numerous petitions filed with the county board. The kinds of records in the commissioners office in Kootenai County conform to the legal requirements vrith exception of the keeping of a Fran- chise Book as a separate record, f'ew counties follov/ the lavj- in this matter. More often some kind nf record is made in the comiiissioners pro- ceedings and original papers kept in file bo:>:es. The principal records date back to 1881, the organization date of the county. The beginning dates of other records vary, vj-hich indicates that some of the older records, particularly the file box material, liavc not been preserved. Proceedings 1, COrl'IISSIOIlERS' JOURNAL, 1881—- 10 vols. (A-j), Minutes of the regiilar and special meetings of the board of countjr commis- sioners in thn transaction of coiuity business. Gives date of 'Meeting, names of members present, subjects discusser! and each coiraiiissi oner's vote on the question. Includes such natters as (Salary and Claim Data), entry 7; Road Record, entry 9j (Bids), entry 16; (Licensee), entry 19; (School Districts), entry 21; (County Aid), entry 23; (Election Data)j entry 28; '(Appointments), 1917 — , entry 29; Jury Book, 16o9-1920, entry 181; (Equalization Data), entry 320. Arr, chron, Ko index 1S81-9G, 1935—; for index 1899-1934, oee entry 2, Hdw. and typed, 650-750 pp. 16 x 13 x 3 - 18 x 13 x 3, Vols. A-C, aud. bsmt, va,; vols., D-J, co, comm. va, 2, IIJDSX TO COMISSIOFfiRS' JOUPJIAL, 1899-1934. 2 vols. Alphabetical index to Commissioners* Joi.irnal, entry 1; arranged by sii.bject. Gives date, nature of subject matter, names of person or department con- cerned, date acted upon, book and page record, lldvj-. 630 pp. 18 x 13 x 3» Co, coiimi. va. 3, COMiIISSIOWERS' PROCEEDINGS, 1892—. 58 bundles, 3 file drawers. Miscellaneous instruments having to do with coiiimissioners * business such as (Tax Levies), 1902 — , entry 4; (Orders for Cancellation), 1922—, entry 5; (Claims), entry 8; (Road Petitions), entry 15; (Bids for County Ccr.struct- ion T/York), entry 18; (Applications for Licenses), entry 20; School District Matters, 1892-1917, 1928 — , entry 22; (Applications for Relief), cntrj'- 24; Appointments, 1892-1906, 1916—, entry 30; (Petitions for Appointment), entry 31; Reports of County Officers, entry 52; (Jury Lists), entry 35j (Tax Protests), 1931 — , entry 321, Arr, chron, No index, Iklw, and typed, Bimdles, 10 x 4 x 2; file drawers, 15 x 18 x 24, B\mdles, 1892- 1931, bsmt. st. va,; file drawers, 1932—, co, comm. va. Taxes 4, (tax LEA/IES), 1902—, In Commissioners' Proceedings, entry 3, Record of levies made by coimty comrndssioncrs, based on the various budgets and on assessed property valuation, ^xves nillage for county current ex- pense, for special funds such as roads and bridges, hospital, relief, and such separate units as school, cities and villages, and highway districts; also gives total levies. For assessor's ta:c levies, see entry 284, - 51 - Board of "^ounty ComnissiorLcrs - Claims and (5-10) AllowarLCcc; Roads and Bridges , 5,^ ORDERS FOR CMCELUTION, 1919-21. 1 file box. 1922— in Commis- sioners* Proceedings, entry 3, Orders issued by the county commissioners to the assessor instructing him to strike from the assessment roll certain listed property -which cither is non-taxable or which appeared through mistake on the roll as assessed to the viTong party,. Gives location and description of property, amount of assossuont cancelled, date, name and address of party assessed, Arr, cliron* No index, Hdw, on printed form, 4rh x 4-|- x 10, Assr, va« Claims and Allowances (See also entries 377, 378, 380, 382) 6. ALLOWANCE BOOK, 1908-lG, 1921—, 3 vols., 1 stack. Record substantiating claims allowed by county commissioners. Gives number of claim, name of claimant, purpose, date, fund charged, and rejection, if any; after 1921 gives also list of expense, and amovuits charged to the various funds. Also contains Road District Ledger, 1905-13, 1934—, entry 10, Arr, num, by claim nos. No index, Hdxv, Vols., 640 pp, 18 x 13 x 3; stack, 18 X 11 X 2, 2 vols,, 1908-15, and stack, 1921-35, aud, bsmt, va,; 1 vol,, 1936--, aud, off, 7. (SALARY AND CLAIM DATA), 1881—, In Commissioners' Journal, entry 1 Record of actions taken in regard to claims presented to the county for pay- ment. Gives date, name of claimxint, nature of service or materials furnish- ed, rate of pay and total amount of claim; whether allovrod or rejected, and reason, if rejoctod, 8. (claims), 1892—, In Commissioners' Proceedings, entry 3. Original statements with affidavits presented to the county commissioners for payment. Includes claims for salaries, fuel, rentals, office supplies, food for prisoners, pay of jurors and vritnesses, and other work performed for the coimty. Gives name of claimant, amount of claim, purpose of pay- ment, affidavit certifying claii.i is true, date allowed, and date paid, date of rejection, if rejected. Roads and Bridges (See also entries 346, 361, 432) 9, ROAD RECORD, 1881-1910, 1 vol. Discontinued, 1681— also in Comjais si oners' Journal, entry 1, Record of all matters pertaining to roads and bridges coming before the county commissioners for settlement, such as claim or petitions for the construction, maintenancei relocation, establishing or changing road districts; appointment of road overseers and supervisors; authorizing bond issues. Gives date, nature of subject, persons or district concerned, description of work entailed, amount involved and disposition of matters. Arr, chron. No index. Typed, 640 pp, 18 x 13 x 3. Co, comm, va. 10. EOAD DISTRICT LEDGER, 1896-1904, 1914-33. 2 vols. Title varies slightly, 1905-13, 1934— in Aiiov;ance Book, entry 6, Record of operations in road district funds and supplies purchased, Gives date of all receipts and expenditures, ajuounts credited or debited, itemized : ^.^ b'-d : '■} Board of County Conunis si oners - hids and (11-18) Contracts list of building materials, tools and machinery purclic.sed, and price of each. Arr, chron. No index, Hdw, on printed form. 294-372 pp. 13o" x 8-a- X 2 - nix 12 X 2w, 1 vol., 1896-1904, aud. bsmt, va.; 1 vol., 1914- 33, Co, Coram, va, 11, ROAD DISTRICT ESTABLISHED IN KOOTENAI COWITY, not dated. 1 vol. Copies of resolutions and adopf ons of cohiir.issioners ' action in describing and establishing boundaries of road districts. Gives nature of subject, district concerned, and action taken. No orderly arr, llo index, Edwa 200 pp, 12 :: 6.. X js, Aild, brmt, va, 12, ROAD OVERSEER'S JOUffilAL, 1899-1915, 2 vols. Discontinued. Record of the road overseers' accounts with various road districts. Gives receipt number, and cash balances. No orderly arr. No, index, lldw, 200 pp, 18 X 13 X Ig-. Aud. bsmt, va, 13, (ROAD PETITIONS), 1892 — , In Commissioners' Proceedings, entrjr 3, Original petitions dravm up in legal form 8->id signed by residents concerned vd-th changing or establishing of certain road districts, nevr roads, or repairs to roads already established, Gives retailed plan of vrorlc desired, estimated costs, and enuracraticn of benefits to accrue, 14, HIGISYAY DISTRICT KATTERS, 1927-31. 1 filo box. Discontinued. Reports, ordors and m.eraoranda of al] ty;:es of business transacted by the Powerline, Lakeside, Panhandle, coad Heyburn Park Eij^h^Aray districts. Arr, alph, by name of district. No index, Edw, and typed. 11 x 5 x 14. Co, coram, va. , 15, ELECTION REGISTER (lliglnvay Matters), 1917. 1 vol. Record of votes cast at meetings for formo.tion of Coeur d'Alono Highvra.y district. Gives majority of votes cast, memoranda of action taken, and results, Arr. chron. No index, Hdvj-, 75 pp, 12 x 7 x i-, Bsmt, st, va. Bids and Contracts 16, (bids), 1881—, In Commissioners' Journal, entry 1, Record of bids submitted to county cor.Tirds si oners by individuals and firms for construction work and also supplies such as fuel and printing. Gives date, terms of contract, or specifications upon vrhich bid is ix.de, consider- ation named, and name of the individual or firm bidding. 17, CONTRACTS, LEASES Ai^ir- AGPEEL'IEItTS, 1921-33. 2 file boses- Ccntracts, leases and agreements with rxichincry supply companies and contracts vrith various cor.ctructior. conp-.nics vrhitjh -pply to th'- building and repair of the county court house as authorized by the county commis- sioners that have been returned from the post office. Gives date of in- strument, tcrr.is and purpose of contract, consideration, if any; names of parties concornc(t and date recorded, Arr, chron. No index, Hdw, on printed form. 4 x 4|- x 10, Co. comm, va, 18, (BIDS FOR COUNTY CONSTRUCTION PTORK), 1892—, In Con-'nissioncrs' Proceedings, entry 3, Original offers to take a certain price for work to be done under stated - 53 - Bocird of Coxmty Commissioners - Licenses; (19-E3) School Districts; Vfelfare contract, service to be rendered e.ccording to a definite outline and of materials specified. Gives date, outline of terms on v/hich bid is made, amount of consideratioJ^ and signature of bic'dert Licenses (See also entries 269, 362) 19, (LICENSES), 1881 — • In Commissioners' Journal, entry 1. Record of privileges granted to carry on a business in the county within regulated fields. Gives date license v/as granted, purpose, name of busi- ness, names of persons concerned, amount of bond, if any; length of time for Vifhich bond vra.s furnished, and license fee. 20, (APPLICATIONS FOR LICENSES), 1892—, In Commissioners' Proceed- ings, entry 3, Original applications presented to tlie board of county comjiis si oners by persons wishing to establish and conduct certain types of business and amusements requiring a license, such as saloons, dance halls, carnivals, circuses, auctioneers and beor parlors. Gives name, character and place of business, name and address of applicant, fee paid, date and period of license, and signature of applicant. School Districts (See also entries 427, 428) 21. (SCHOOL DISTRICTS), 1881—, In Commissioners' Journal, entry 1, Record of commissioners' action in connection with various public school matters such as petitions for and creation of common school districts, changing of district boxmdaries, providing for plebiscite on the matter of consolidation of districts, for issuing district bonds for the purpose 01 constructing school houses and other needed improvements. Gives date of meeting, nature of business handled, district number of school concerned, nature of action taken by board, 22. SCHOOL DISTRICT I.ATTERS, 1918-27. 1 file box, 1892-1917, 1928— la Ccr.missiDner^ Proceedings, entry 3, Original petitions for transfer of torritorj'' affecting school districts, and for formation of consolidated school districts, prcscntod by residents of school districts in question to the county commissioners* Gives date, number of school district, and signature of petitioner, Arr, chron. No index, Hdw, on printed form, 10 x 4 x 14, Co, comm, va. Welfare (See also entry 379, 382) 23, (COUTiTY AID), 1861—, In Commissioners' Journal, entry 1, Record of commissioners' action in matters pertaining to the welfare of needy citizens in Kootenai County, Gives in each case date of action, names of those in need of work, fuel, food, clothing, housing, or hospital- ization; report of investigator, decision of board; amount spent for rent. - 54 - Board of Comity Comr.iis si oners - Pensions; (24-28) Elections nececsities, medical oare, and hospitalization for the indigent sick, 24, (APFLICATIOIIS FOR KELIEF), 1002—. In Comnissioners' Proceedings, entry 3, Original applications' for forras of relief handled by the county such as general and eraergency relief, rent, hospitalization and burial of indigent persons. Gives date, kind of relief needed, signature of applicant and witness, and certification of investigating officer. 25. RELIEF FOR iEEDY ELIID, 1934-36, 1 file Ijox, Discontinued as a county record 1936j subsequent records kept by State Department of Public Assistance, Original applications of needy blind persons recor.-imcndod by the probate judge and presented to county oorjnissi oners for approval. Gives name of applicant, physical and financial status, date filed, date approved, and signature of commissioners. Arr, chron. No index, Hdw, on printed form, 11 X 5 X 14, Co, comjn. va. Pensions (See also entries 243-246) 26, MOTIGSIiS' FSNSIOKS, 1913-35, 1 file box. Discontinued as a coujity record 1935; subsequent record kept by State Department of Public Assistance, Original applications 7ri.th affidavits recoraiiended by the probate judge and presented to the county coi.missi oners by raothers of m3.nor children. App- lications give name, age, and address of mother; name, sex and are of each dependent child; husband's name and address; financial statement, signature of applicant, instrument numljer and date filed. Affidavit gives name of applicant, age, address, occupation, term, of residence in county, marital status, reputation of applicant, cause of need, date of application, and signature of probate judge, ^rr, chron. ITo index, Hdv;-. 11 x 5 x 14, Co. comr:i, va, 27, OLD A'?E PENSION IIATTERS, 1952-33, 2 file boxes. Discontinued as a county record 1933; subsequent records kept by State Depart- ment of Public Assistance, Certificates issued by the old age pension commission of Kootenai County, approving amplications of namod persons for old ago pensions, to be filed with the county commissioners, ^ives name and address of mother, name and age of each dependent chil'-i, cause of nc-.d, date of application, and signature of probate jud^e. No orderly arr. No index. Kdw, and typed on printed form. 4o- x 4|- x 10, Co, coitjti. va. Elections (see also entries 392-401, 426) 28, (ELECTION DATA), 1892 — . In Comiais si oners' Journal, entry 1. Record of oor-c.iissi oners* action in all natters necessary to the conduct of rcEUlar and special elections such as dividing county into oloction precincts, arranging for polling places and appointing registrars, advert- ising or ^3 OS ting notices, and caiwassing votes re c or do d. Gives date of - 55 - Board of Coxmty Commissioners - Af FOititccuts; (29-33) Reports mocting end day of election, location of polls and hours open, number of votes recorded in each precinct, record of auditor's certificate of elect- ion to each successful candidate. Appointments (See also entries 136, 252) 29. (APPOIOTI.'iEtn'S), 1886 — , 1886-1917 in Miscellaneous Records, entry loS, 1917-- in Commissioners' Journal, entry 1» Record of coramissioiiers' action in filling offices designated by lav/, or vacajicies occuring by death, resignation or dismissal, such as deputies in county offices, supervisor and manager of poor farm, hospital or fair grounds; registrars and other precinct officers, and appointment of persons for special duties arising in the course of county management, 30. APFOINTlvIEKTS, 1907-15, 1 file bo::^ 1892-1906, 1913— in Commissioners' Proceedings, entry 3a Notices of appointments made by electors to the county commissioners re- questing the appointment of a certain indi-.'idv.al to a county office vAich has become vacant because of resigna"':ion, dismissal or death of former incumbent or designating deputies. Gives date aj^^pointed, name of desired appointee, unexpired term to be served, office to vfhich appointed, and expiration of term. No orderly arr. No index, Ndv;-, and typed* 4 x ^-g- X 10, Co, cci'm, va, 31. (PETITIONS FOR APPOINTMENT), 1892—, In Gominissioners' Proceedings, entry 3, Petitions by electors to the coxmty comr.dssi oners rerquosting the appoint- ment of a certain individual to a county oflice which has bocomc vacant because of resignation, dismissal or death of former inciimbont. Gives date, name of desired appointee, ujicxpired term to be served, names of petitioners. Reports (See also entries 264, 265, 350, 352-356, 410-416) 32, REPORTS OF COUNTY OFFICERS, 1921-31, 1 file box, 1892— also in Commissioners' Proceedings, entry 3, Financial statements made quarterly by each county ofiicir.l to county commissioners reporting fees, fines, license sales or tax collections, received by them and deposited in the coi.mty treasury. Gives an itcrdzed account of all amounts received ojid disbursed during the preceding quarter, with balance at begirLQing and end of the period, Arr, chron. No index, Hdw, on printed form, lOx 5 x 14, Co, comm, va, 33, AUDITOR'S AIID TREASURER'S REPORTS, 1921—, 3 foldors, 1919— also in entry 353, Folders containing combined original quarterly reports of auditor and treasurer to the county ccatJfcLs si oners. Gives da.to, sourdos of all moneys received from \-arious funds, all money transferred bctiTCon funds, or dis- bursed by vro.rrant3 showing amount in each instance, fund debited, total - 56 - Board of County Coriniis si oners - Juries; (34-38) HiscGllanoous J Recorder expenditures, and balance on hand, Arr, chron* Uo index. Typed. 9 x 15 X 3, Co, comm, va« 34, REPORTS OF AUDIT OF POTffiRLINE HIGEA'AY DISTRICT, 1930-35. 1 fol- der. Reports made by the accountant of the Powcrline Highway District to the board of county commissioners concerning financial acti-vitics for the dist- rict. Gives date, balance on hand at beginning, amounts debited, amounts credited, and balance on hand, Arr, chron, Wo index, Hdv;', cjrid typed, 12 X 9, Co, comm. va. Juries (Sco also entries 181-183) 35, (jury lists), 1892—, In Corjnissioncrs* Proceedings, entry 3, Lists of names chosen by county conirais si oners from v/hich are dravm as needed, the names of persons to do jury scinrice during court sessions. Gives date list -ra-as made by conmissieners, name and address of each person chosen, and name or number of precinct in vrhich he lives. Miscellaneous 36, (COUIITY FROFERTy VALUATIONS), 1892-99, 1 vol. Discontinued, Itamized list of all coxxnty property. Gives valuation of each item, and cost of bridges, culverts, and ferries built by the coiinty, Arr, chron. No index, lidw, 145 pp. IS x 10 x 1, Aud, bsmt va, 37, ORDIIIANCES, 1909-12, 1 file box. Copies of resolutions of county coriimis si oners to extend the limits of the city of Coeur d'Alenc, Idaho, to include certain described and designated property. Gives date, statement of resolution, legal description of the property, purpose of annexation, and signatures of cornmissi oners, Arr. chron, Wo index, Hdw, on printed form, 10 x i>^ x 3, C©, comm, va. 38, EXPIRED INSURAIICE POLICIES, 1923—. 2 file boxes, Insin-ancc policies issued by authority of the county commissioners insur- ing county buildings cjid road working equipment against loss by fire, some of which have expired. Gives date, name cf item insured, amount of policy, duration of policy, and date expired, Arr, chron. No index, Hdw, on printed forrpi, 4 x 5 x 10, Co, comm, va. II, RECORDER The first territorial legislature of Idaho Territory'- created the office of recorder ( L.T.I . 1863-64, sec, 1, p, 591) and made him ex of- ficio auditor of the county (ibid,, sec, 85, p, 493 )» The recorder as an ex officio auditor was made clork of the board of commissioners (ilid,, sec, 6, p, 523) aiad served in that capacity until the follovri.ng year when the county clerk was made clerk of the county board ( L.T.I , 1864, ch, 9, sec, 6, p, 393), The county clerk served as clerk of the commissioners from 1864 until 1873 when the office of county clerk was abolished ( L,T,I . ♦ * « - 57 - Recorder (Next entry S9, p. 61) 1870-71, sec. 8, p, 20) • The recorder ac ex officio auditor v/as again made clerk of the board of commissioners in 1873 and has served in that capacity since that time (L.T.I. 1374-75, sec, 9, p. 522; I._C,A. 1932, 30-607), Hovrever the clerk of the district court is no^v ex officio aud- itor instead of the recorder (Const, of Ida, 1890, art. 18, sec, 6), ■yyhen the office of recorder ivr.s created in 1864, the recorder, among other officers, might be either elected or appointed (supra) but the prac- tice followed by the various counties is not discernible from available sources of inf oi-mation. The office ims made elective in 1875 ( L.T.I . 1874-75, sec, 1, p, 557), At that time no particular qualifications were required. The term of office Tra.s fixed at tvro years, V/hcn the state constitution was framed in 1890, the office of recorder vjas eleiminated and the clork of the district court rao.de ex officio recorder and auditor ( Const, of Ida , 1890, art, 18, see. 6), Kootenai County, boini^ one of the eighteen counties organized under tlic territorial lavir and subseqvient to 1875, is one of the few counties in which the recorder as such xras on elected official; after the adoption, as stated above, of the state con- stitution in 1890, the clerk of the district court became the elected official and the office of the recorder became an ex officio one, Ihis change made the duties of the recorder ex officio duties and tf»»)B» of office of the person performing them a. four year term instead of a ir.To yea. term because the tenure of an office of the clork v^-as fixed at four years. To overcome objections raised by the members of the constitutional con- vention to assig?iin2 so much responsibility to one person, a provision was included in article 18 section 6 of the constitution allowing the clerk among other officers to appoint deputies and clerical assistants (.Ida. Const. Con. Pro . 1889, vol, 2, pp. 1802-1836). At present, the sole qualification of the clerk of the district court as ex officio recorder is the same as that of county officers. Ho must be a qualified elector in the state and comity in v/hich he seeks to be elec- ted ( L.S.I . 1890-91, sec, 5, p, 57j I,C.A, 1932, 57-101). The recorder is required to take the oath of office (L.T.I. 1863-64, sec. 65, p. 487; I.C.A. 1932, 57-401), and file a bond ( R.S , 1087, sec, 1828; I.CA . 1952, 30-1515), with the probate judge (L.^I_, 1874, sec, 5, p, 557; R.S , 1387, sec, 2013; I . C. A , 1932, 30-1809) to" procure, on order of the board of commissioners, such books as the business of his office requires (L.T.I. 1863-64, sec, 64, p. 487; I.C.A . 1932, 30-1901) and to keep all records open to inspection ( L.T.I . 1863-64, sec, 80, p, 492; I.C.A. 1932, 30-1919), Upon payment of fees for the s-omc, he is required to record: All deeds, grants, tronsfers and mortgages of real estate, releases of mortgages; povrors of attorney to convey real estate; leases which have been a.cloaowledged or proved; certificates of ]-arria:':;c and marriage contracts; wills admitted to probate; official bonds; notices of mechanics* lions; transcripts of judgnicnt which by law are made a lion on real estate (repealed L,o,I , 1029, ch, 51, sec, 5, p, 71); iiotices of attachment on real estate; notices of pendency of a,ction affecting real estate; instriuaants describing or relating to the separate property of married womaj; notices of preemption claims a.nd all other -writings as ai^3 required or permitted by law to be recorded (L ,T,I, 1863-64, sec, 70, p. 488; I,C,A. 1932, 30-1902); to make searches for any instrument re- corded ani.rTurnish a certified copy to persons ?pp1ying for the samo . ' « J' .', !**>/". '-^..-jt-r '•^•'•'-^*|>"'- • • ^ .. J. X ..* V J .* - 58 - Recorder (Next entry "^a, p. 61) (L ,T>I . 1863-64, sec. 76, p. 491; I.C.A. 1932, 30-1916)} to keep his office open from 9:00 a.n» to 5:00 p, mi' except holidays ( L.T«I « 1863- 64, sec. 63, p. 487; I.C.A, 1932, 30-1509); to record grants from the United States to the states without fee (L .S.I , 1911, ch, 63, sec, 1, p. 184; I.C.A . 1932, 30-2706); to make budget estimates for his office each year (L.S.I. 1912, extra session, ch, 8, sec, 4, p. 25; I.CA, 1932, 30-1202 );■ 'to stamp upon each instrument at the time of filing, the month, day, hour, and minute filed (L.T._I. 1863-64, sec, 74, p, 491; I.C.A . 1932, 30-1910); to assign consecutive numbers to all instruments filed for record ( L.S.I . 1903, sec. 1, p. 428; I.C.A . 1932, 30-1912); to indorse on each instrument the l)ook and page in which recorded and de- liver the instrument to t; e person filing it for record ( L.T.I. 1863- 64, sec. 75, p. 491; I.CA . 1932, 30-1911); to submit lists of bonds of all county bonding units to the state auditor ydth the county auditor's financial report (L.S.I. 1921, ch. 171, sec. 2, p. 367; I_.C.A. 1932, 55- 302); to report all msirriages to the Department of Public Welfare (suc- cessor to the State Board of Health) each quarter ( L.S.I . 1907, sec. 14, p. 186; I .C.A. 1932, 38-230); deliver to his successor in office, all books, papers, records and fux-niture (L. T.I . 1863-S4, sec. 82, p, 493; I.C,A. 1932, 57-1001). The clerk of the district court as ex officio recorder has authority to appoint deputies v/hen the business of the office requires it ( L.T.I , 1863-64, sec," 67, p. 4-87; I.C.A . 1932, 30-1503; L.T.I. 1874-75, sec. 6, p. 557; I.C.A. 1932, 30-2607) ;"to appoint special deputies for mining districts ( L.T.I . 1876-77, sec, 1, p. 20; I.C.A . 1932, 46-610); to issue marriage licenses (L,_Sj^, 1895, sec, 1, p, 166; I,C.A, 1932, 31-401), The recorder is authorized and required to keep the following re- cords: Coords for deeds, grants, transfers, and mortgages of real pro- perty; releases of mortgages; powers of attorney; leases; certificates of marriage and marriage contracts; vj-ills admitted to probate; official bonds; notices of mechanics' liens, transcripts of judgment which by law are made a lien on real estate; notices of attachment on real estate; notices of pendency of action affecting real estate; instruments deis-cribing or relating to the separate property of married women; and notices of precm- tion claim.s ( L.T.I , 1863-64, sec. 70, p, 488; I.C.A. 1932, 30-1902); separate registers of marriage (L. S.I . 1907, sec. 13, p. 186j . I.C.A . 1932, 38-229); register of births ( lTS.I . 1907, sec. 13, p. 186; repealed 1911, ch. 191, see. 27, p. 646); reception record ( L.S.I. 1903, sec. 2, p, 428; I.C. A. 1932, 30-1913); register o? deaths (L«S.I, 1907, sec, 13, p. 186; repealed 1911, ch, 191, sec. 27, p. 646); notices of intention to marry ( L.S.I . 1931, ch, 149, sec. 1, p. 251; repealed L.S.I , 1933, ch. 8, sec, 1,' p. 8); record of chattel mortgages (L.T.I . 1863-64, sec, 2, p. 520; repeal effected in 1891); minutos of cliattol mortgages ( L.S.I . 1890-91, sec, 2, p, 131; I.C.A. 1932, 44-1006); file of chattel mortgages ( L.S.I , 1C90-91, sec. 2, p. 181; I.C.A . 1932, 44-1006); file of articles of incorporation (L^.I, 1929, ch". 262, sec, 5, p, 550; I.CA. 1932, 29- 108); record of declaration of homestead (_;;_»T,I, 1863-64, goc. 1, p, 575; I,C.A. 1932, 54-1205); record of quartz"cTaims ( L.T.I . 1863-64, -sec, 4, p, S77; separate record required since 1866; L .T.I . 1865-66, ch. 30, soc, 5, p. 171; I.C.A, 1932, 43-604); index to quartz' claims ( L,T«I , 1865-66,' ch, 30, sec', 5, p, 171; I.C.A. 1932, 30-1904); proof of labor record (L.T.I. 1865-66, ch, 30, sec, 10, p, 172; I.CA. 1932, 46-606); fl .■ .. ^ ■» ,.■ .. * ■■ * ,;iv«i5t: t •* W - 59 - Recorder (Hext entry 39, p, 61) certificates of pc.rtnorship (L.T.I. 1863-64, sees. 3 and 4, p. 586; I.C.A . 1932, 52-^104); notices of dissoln'tion of partnership ( L.T.I . 1G63-64, sec 12, p. 588; repealed L .S.I . 1919, ch. 151, p. 474); right-of-way easements (L.T.I. 1866-67, oh. 157~sec, 5, p. 79; I.C.A . 1932, 13-1716); record of brands' ( L.T.I . 1866-67, ch. 15, sec. 1, p. Ill; discontinued, L.S.I. 1905, sec. 8, p. 352); stftte brand record (L.S.I. 1905, sec, 8, p. 352; I.C.A. 1932, 24-1010); record of certified "copTes of brands recorded with the Department of Agriculture (successor to State I^ecorder of Brands) and certified to the recorder for county records (L^.I. 1905, sees. 9, 10, p. 352; I.C.A . 1932, 24-1006; am. 1937, ch. 135V~soo. 3, p. 217); district mining records and transcripts (L.T.I. lo7G-77, pec, 1, p. 20; I.C.A. 1932, 46-612 'and 613); filo of drsTgnatioR of agcn't (L*S«I. 1989, ch. 282, sec. 1, p. 678; I.C.A. 1932, 29-502); annual statements of corporatic ( L.S. I. 1907, sec, 1, p. 235; I.C.A. 1932, 29-601); record of water loca- tions ( L.T. I. 1880-81, sec. 4, p. "2G7; repealed L._S,_I. 1903, sec, 1, p. 223); auctioneer's register (L.T.I. 1884-85, secV'5, p. 32; I.C.A. 1932, 24-1404); affidavit of partners""tr,ja_. 1884-85, sec. 5, p. 148; I.C.A . 1952, 52-105); transcripts of federal judgnonts ^L.S.I. 1890-91, sees. 1 and 2, page 119; repealed L.S. I, 1929, ch, 51, sec. 5,' p. 71); transcripts of original district court dockets from other counties (L_.T»^» 1863-64 title 6, ch. 8, sec, 210, p. 121; repealed L_^ ^I . 1929, ch.* 51, sec, 5, p. 71; although record still listed among recorder's records, I.C.A. 1932, 30-1902); record of medical licenses (L^.^c 1899, sec. 11, p. 533; I.C.A . 1932, 53-2105); recorder's fee book (l'.S.I., 1901;, sec. 1, p. 208; I.C.A , 1932, 57-1010); sheriff's certificates of sale of real estate ( L,T,I , 1863-64, title 7, ch, 1, sec. 235, p. 128; R.S. 1887, sec. 2026; I.C.A . 1932, 30-1906); files of water company reporFs' (L.S«J_. 1899, sec. 35, p. 380; I.C.A , 1932, 29-906); register of qualified~dentists (L.S.I. 1899, sec. 4, p. 388; I.C .A. 1932, 53-1303; repealed L_.S.I_. 1935, ch, '81,t sees, 10, 11, p. 144); rcgTster of certified osteopaths (L. S.I . 1907, sec. 5, p, 128; I.C.A . 1952, 53-1802); leases of livestock Xl'S'l * 1907, seo« 1, p, 482; TTCTT,' 1932, 24-1701); optometry certificateF (L .S.I . 1907, sec, 2, p. 574; I.C.A , 1932, 53-1709); record of stallion licenses (L.S.I, 1909, sec. 471^ 211; I.C.A . 1932, 24-712); register of graduate nurses ( L.Sol . 1911, eh. 186, sees. 3, 8, p, 618; I.C.A . 1932, 53-1604); register of licensed veterninarians (L.S.I. 1921, ch. 62, see. 8, p. 117; I.C.A . 1932, 53-2408)^. file and record o7 conditional sales contracts ( L.S. I. 1921, ch, 153, sec. 3, p. 346; Ij^C^A. 1932, 62-803); lists of bonds TL.S.] 1921, ch. 171, sec. 1, p. 366; l_'^'£o 193^;, 55-301); certificates of ITc^ titious names (L,S_,I, 1921, ch. 2T2. sec. 5, p. 425; I.C.A . 1932, 55-501); index to business nanies (L.S.I. 1921, ch, 212, sec. 5, p. 425; I.C.A. 193r 52-505); record of army discharges ( L,S.I . 1923, ch. 59, see. 1'^ p. 37; I.C.A . 1932, 63-301); federal tare lien notices and index ( L.S.I . 1929, ch« 397~sec. 2, p. 49; I.C.A . 1932, 44-202, 4.-207); releases of chattel mort- gages (L.S.I. 1927, ch. 128, sec. 1, p. 171; I_jC.A, 1932, 44-814, 44-1006) certificates of approved surety companies ( L,S,l ','l927, ch, 146, sqc. 1, p. 191; I.C.A. 1932, 40-2105); bills of sale {l^^*J_* 1£05, sec. 16, p. 356; I.C.Ao 1932, 24-1013); probate orders and decrees affecting real estate (L.lol^, 1863-64, ch. 3, see. 299, p. 385; I.CA . 1932, 15-1515); appointmenFT'of deputies (L,_T,_I* 1S63-64, sec. 67, p. 487; L.T.I . 1864, sec. 1, p. 418; L.T.I . 187¥-75, sec. 14, p, 546; I.C.A . 1932, 30-1507, 1-1205); judgments directly affecting real cstate~l%S". 1887, sec, 2027; I.CA, 1932, 30-1907; kept in deed record); register for farm names ( L.S .7 1911, ch, 172, p, 567; I_.C.A. 1932, 30-1903); notices of intention to deal in meat products (r.'S.I." 1933, ch. 59, sec, 2, p, 109). u,*^ »Nr ■ - so - Recorder (Noxt entry. :^.', p. .61) Recorders are required to keep the following indexes: A grantor's and a grantee's index to deeds, grants, and transfers of real property; a mortgagor's and a mortgagee's index to mortgages on real property; a mortgagor's and a mortgagee's index to personal property; mortgagor's and mortgagee's index to releases to real property mortgages; a mortgagor's and mortgagee's index to releases of mortgages on personal property; an index to powers of attorney; a lessor's and lessee's index to leases; direct and reverse indexes to marriage certificates by name of male and female; an assignor's and an assignee's index to assignmentw of mortgages and leases; and index to wills; an index to official bonds; an index to noti- ces of mechanic's lions; an index to transcript of judgment; an index to attachments; an index to notices of pondcncy of action; an index to record of separate property of married women; an index to possessory claims; an in' dez to tho X'ecords of declaration of homestead; an index to agreements and bonds affecting real property; an index to mining claims; an index to water rights; and a general index to all papers to be entered as they are filed ( L.T.I , 1865-64, sec. 72, p. 490; R^, 1887, sec. 2025; I»C.A . 1932, 30-1904), The recorder's records are pretty generally prescribed by law and consequently arc uniform to a lar^^o extent in all counties. A peculiar circumstance appears with regard to some of the recorder's rccords\';-hich should antodatc the organization of Kootenai County, but do not. The area now covered by Kootenai County was a strip of orphan terri- tory vj-hich had been cut from a county, most of v/hich remained in Washington territory when Idaho territory was organized in 1863. Two counties, Kootenai and Lato.h,Yrerc created from this territory by an act of the sec- ond territorial legislature ( L.T.I . 1864, p, 432), with the provision that they be organized when fifty residents of tho territory petitioned the gov- ernor to appoint a board of comnissioncrs. Ihis condition was mot in 1881 and Kootenai Coxinty was officially organized. In the meantime the terri- tory had been attached to Ucz Perec County for civil and judicial purposes. Barring the possibility fnixt transcribed records were overlooked v/hcn the inventory was made, there are no records which have been transcribed from Nez Perce County covering the period from 1864 to 1881, The law creating Kootenai County did not provide for transcribing records because the rec- ords for this strip of orphan territorji^, if there vrere any, were at the county seat of a Washington territorial county (probably Spokane County), No additional lav:s vrere passed to effect the organization in 1881 and thus no law compelling IJez Perce County to traiiscribe records for Kootenai County or make provision for tho cost of transcribing, was enacted. If this conclusion is correct, any records which might have pertained to this territory for tho period 1864-1861, are not a part of the Kootenai County records. The records usually transcribed are: Deeds, real estate mortgages, patents, mdning records and the mdscellaneous series. Records found in the recorder's office since 1881 are reasonably reg- ular. Some discrepancies in dates occur. No reception record was re- quired before 1903 birb tho invoaitory shows that some kind of a record has been kept since 1885 (entry S9), The patent record (entry 52) should date at least as far back as the patent files (entry 53), This record is sohietimes kept in the dcdd norics. - 61 - Recorder - Reception Book; Deeds and Patents (39-43) Under the law providing for the appointment of a deputy recorder in mining districts to make separate records for each district, many short dated records for mining districts vrero found in the county, TJhen the mining districts are disorganized or no deputy recorder appointed the records are sent to the recorder's office. Entries 57 and 58 are oases of discontinued mining districts. The short date cnverapo on the record of tho Vfolfe Lodge Mining District (entry 59) is probably due to the fact that no deputy recorder has been appointed. The district has not been disorganized. No marriage register or Federal Tax Lion Record have been reported as among the records in the recorder's office. Reception Book 39, RECEPTION BOOK, 1885—, 28 volso 1861-84 cannot be found. Record of all instruments brought in for filing rnd recording. Gives instrument number, date of filing, names of persons concerned, character of instrument, where recorded, description of property, date delivered, to whom delivered, recorder's fee, clerk's fee, state fee, and total fees, arr, mom, by instr, no, i'^o index, HdviT, ^c50'-6bO pp. 16 x 11 x 2 - 16 x 15 X 0, Vols,, 1-20, bsmt, st, va,; vols., 21-^r, rec, va. Deeds and Patents 40. DEED II\IDEX, 1881—, 13 vols. (Aj B-G, B-G). Alphabetical index to Deed Record, entry 41; Ta:^: Deeds, 1894—, entry 47j and Patent Record, entry 52; one volume direct bj^ name of grantor and indirect by name of grantee; six volvimes diredt by name of grantor and six volxjmes indirect by name of grantee, ^'ives date of deed, kind of deed date of filing, book and page of record, Hdw, 400-600 pp. 18 x 13 x 2 - 18x12x3, Rec, va, 41 DEED RECORD, 1881—, 127 vols. (A-U, 1-106), Record of instruments by which title to real property holdings are con- veyed from one person to another. Gives name of grantor and grantee, location and description of property, date of instrument, date recorded, and fee paid. Contains (Warranty Deeds), entry 42; (Quitclaim Deeds), entry 43; Road Record (Right-of-Way Deeds), 1933—, entry 44; (Corpora- tion Deeds), entry 46; Treasurer's Tax Deeds (Redemption Deeds), 1681-96, 1906 — , entry 49; (Gift Deeds), entry 50; and Patent Record, 1881-96, entry 52, Arr, chron. For index, see entry 40, Hd^v, and typed, 590- 650 pp. 16 x 11 X 2 - 18 X 14 X 3, Rec, va. For contracts for deeds, see entry 101, 42, (WARRAI^T DEEDS), 16C1— , In Deed Record, entry 41, Record of tlie transfers of titlo to real property in which the grantor guarantees the title which he is transferring to be good and sufficient, ^ives names of grantor or grantors and grantee, location and description of property, consideration, date filed, date recorded, and recording fee, 43. (QUITCLAIM DEEDS), ICSl— . In Deed Record, entry 41, Record of instruments granting to a person a transfer of title which - 62 - Recorder - Deeds and Patents (44-49) conveys only the rights of the grantor at the time of transfer. Gives naraes of grantor and grantee, location and description of property, cbnsid- era"bion, date filed, date recordedj and> recording fee. 44. ROAD RECORD (Right-of-Way Deeds), 1895-1932. 3 vols, 1953— in Deed Record, entry 41. Record of instruments conveying title to certain desigjiated pieces of real estate' to be used for roads, lanes, highways, laterals, railroads, et cetera. Give-ff nanes of grantor and grantee, location and description of property, consideration, if anyj date recorded, date filed, and re- cording fee, Arr, chron. No index, Hdw, on printed forn, 640 pp. 18 X 13 X 3. Rec. va. 45. RIGIiT-OF-ViAY Deeds, 1912—. 4 file boxes. Original instruments conveying title to real estate to be used for roads, lanes, highways, laterals, railroads, etc. Gives description and name of road, date surveyed, names of petitioners or owners of land, statement of release from damage, consideration for which conveyed, date signed, sig- natures of ovmers and mtnessius; official. Arr» 'liuta. • by instr. no. No index. Hdw. 3-1' x 5 x 10, Rec, va, 46. (corporation DEEDS), ICGl — . In Deed Record, entry 41, Record of deeds in which the grantor is a group of persons formed and authorized by law to act as one person in the transaction of business. Gives names of grantor and grantee, nature and kind of business, consider- ation, if any? date recorded, date filed, and recording fee. 47. TAX DEEDS, 1894—. 10 vols. Record of conveyances by treasurer to the county of title to real estate which has been forfeit because of default in payment of delinquent taxes, after due notice has been given and redemption period has elapsed; also conveyances by proper agent of county of such seized delinquent property to second party who has purchased it. Gives instrument number, date of instrument, date of filing, names of grantor and grantee, description of property, and statement of legal procedure by which county acquired title. Arr. chron. For index, sec entry 40. Hdw, and typed. 640 pp. 18 x 13 X 3, Rec. va. For original ta:x deeds sec entry 48; for duplicate tax deeds, see entry 337, 48. TAK DEEDS, 1921-32. 9 file boxes, 1919-31 also in entry 337, Original tax deeds, conveying ownership from the assessed o^vner to Kootenai Covinty by reason of delinquent taxes, Gives name of record ovmer, description of property, amount of delinquent tax, total amount of tax and penalties, dates and sworn statements regarding each step in the legal process of giving such deeds, Arr, chron. No index, Hdw. and typed. d-g- X 4-|- X 10, Rec. va. For record of tax deeds, see entry 47, 49. TREASURER'S TAK DEEDS (Redemption Deeds), 1897-1905- 1 vol. 1861-96, 1906— in Deed Record, entry 41, Record of instruments issued by county auditor or by county treasurer conveying title to those persons on record as owner of property deeded to the county for non-pajTuent of delinquent taxes, but who have, before tlie property v;as sold at auction by the county commissioners, paid in full t w.. ..^» , - 63 - Recorder - Mning, Public Land and Vfetor Claims (50-56) all taxes on that property, to2,ether mth jenaltios, interests and costs, as prescribed by law» Gives name of property ovm.er, description of pro* perty, amount of delinquent taxes, name of person paying taxes, and name of auditor or treasurer. Arr, chron. No index. Hdw, on printed form, 640 pp. 18 X 13 X 3-0-, Rec, va, 50, (gift deeds), 1881—. In Deed Record, entry 41. Record of voluntary transfers of title th property by donors who take only a nominal ccnsideration, usually |1,00, ^'ives najnos of grantor and grants location and description of property, considoraticn, date filed, date re- corded, and recording fee, ''• 51, DEEDS, ORIGINAL INSTRUIv=EIITS, 1916-35, 2 file boxes. Various types of deeds held on request or luidelivered for sor.ie reason. No orderly arr. I.^o index, Hdw. on printed form, 10 x 4 x 14, Rec. va. 52, PATENT IlECORD, 1897--, 9 vols, (1-9), lCcl-96 in Deed Record, entry 41, Record of official documents certifying the title of lands conveyed from the United States as grantor, to persons v/ho ha^e proved their right to ownership by fulfilling all obligations required of them as grantees or entrjTueii, Gives instrument number, name ^f pate tee, date filed and re- corded, descriptions of property, patent number, fees, signature of Pres- ident of the United States and recorder of the general land office. Arr, chron. For index, see entrjr 40, lidvi, on printed form, 640 pp. 18 x 13 X 3, Rec, Va, 53, PATENTS, 1889-91, 1898-1911, 2 bundles, 1 file box. Title var- ies slightly. Original instruments containing information as in Patent Record, entry 52, No orderly arr. No index, Hdw. on printed form, Bundle, 10 x 4 X 2; file box, 4 x 4-3- x 10, Bundles, 1889-91, aud. bsmt, va,; file box, 1898-1911, rec. va, 54, UNITED STATES RECEI\^R'S RECEIPTS, 1901-8, 2 vols. Discontinued 1887-1900 in Miscellaneous Records, entry 133. Record of receipts iscued by receiver of the United States Land office for money paid by entrjTnen v;-hen filing upon the public domain or paid at time of final proof. Gives date, legal description of claim, name of entrymen, name of land office, signature of receiver, Arr, chron. No index, Hdw, on printed form, 300 pp, 18 x 13 x 2. Bsmt, st, va. Mining, Public Land and Water Claims 55, QUARTZ CLAILI R'iCORD, ISclw-, 20 vols. (l-20). Record of notices of mining locations. Gives name of mine, date of loca«« tion, name of locator, location and description of property, Arr. chi'on. For indej;^ see entry 56, Hdv;. , hdw. and typed on printed form, 400-640 pp. 16 X 11 X 2 - 18 X 13 X 3. 12 vols., 1.881-1910, aud. bsmt. va,; 8 vols., 1899--, rec. va, 56. INT'EX TO QUARTZ CLABS, 18G1— , 3 vols, Aplhabetical index to Quartz Claim Record, cntrj;- 55j two volumes direct by name of locator and one volume indirect by name of claim. Gives name. - 64 - Recorder - Ivlining, Public Land and Water Claims (57-62) filing number, date of filing on claim, book and page of . record, Hdw. -i-OO- 500 pp. 16 X 15 X 2 - 18 X 13 X 2-^. 1 vol., 1888-99, aud. bsmt. va,; 2 vols,, 1881--, rec, va, 57, RECORDS OF NEvT PORT MIWTKG DISTRICT, 1893-98. 1 vol. Dis- continued, Record of mining claim locations in the Ifew Port Ivlining District, Gives name of locator, description of mine, where located, date of discovery and filing of claim; affidavits of labor performed, name of locator, and value of labor. Also includes minutes of business meetings concerning organization of this district. Arr, chron. Indexed alph. by name of locator, Hdvj-, 200 pp, 9 x 6 x 3/4, Aud, bsmt. va, 58, LEADOW BAWAi MINING DISTRICT, 1883-84. 1 vol. Discontinued, Record of intentioia to hold mining claims by right of location and dis- covery with original notices attached. Gives name of locator, descript- ion of mine, location, date of disco-^ery, and date of filing claim, Arr, chron. No index, Edw, 40 pp, 9i- x 4 x s, Aud, bsmt, va, 59, RECORDS OF "TOLFE LODGE KINIHG DISTRICT, 1899-1907. 1 vol. Discontinued, Record of rr.ining claims and notices of intention to appropriate and use ■water from designated streams. Mining record gives date of discovery, description of mine v;here located, date of filing claim. Water loca- tions give name of stream, point of diversion, land to be vra.tered, loca- tion and size of carrier, amoimt of -mter diverted, date of instrument, and name of claimant, Arr, chron. Indexed alph. by name of locator, Hdw, 160 pp, 16 X 11 X 3/4. Aud. bsmt, va. 60, in:iHNG locations, 1883~, 1 btmdle, 2 cardboard boxes, 1 file box. Last entry 1933, Original location notices filed for record bj^ person locating claim. Gives exact location, description of claim, date located, and signature of locator. No orderly arr. No index, Kdw, on printed form. Bundles in poor condition. Bundle, 10 x 4 x 2j cardboard boxes, 10 x 4 x 2; file box, 4 x 4-0- x 10. Bundle, 1883-84, and cardboard boxes, 1885-1900, aud, bsmt, va,; file box, 1901-33, rec, va, 61, PROOF OF LABOR, 1895 — , 5 vols, 1886-94 in Miscellaneous Records, entry 133, Record of affidavits made by locator or officials of mining companies stating that assessed vrork has been done on designated claims. Gives date of filing affidavit, name of claim, name of district where mine is located, date work was done, annual representation, and notarized sig- nature, -A-rr. chron. For index, 1895—, see entry 62, Hdw, on printed form and typed, 640 pp, 18 x 13 x 3, Rec, va. For original instruments, sec entry 63, 62, (index to PROOF OF LABOR), 1895—, 2 ij-ols. Alphabetical index to Proof of Labor, entrj'- 61; direct by name of owner and indirect by name of district* Gives name, date of affidavit, date recorded, book and page of record, Hdv;-, 500 pp, 13 x 13 x 23'-. Rec, va. - 65 - Recorder « Mortga^^e Records (63-70) 63, PROOF OF LABOR, 1901-34, 1 file bo::, 1934 — cannot be found. Original instruments containing information as in entrjr 61, No orderly arr. Ho index, Hdw. on printed form, 4 x 4-g- x 10, ^ec, v*, 64, RECORD OF SUSPENSION, 1894-96, 1 vol. Discontinued, Record of notices filed by persons holding mining claims, stating inten- tions to suspend assessment work for a period of time allowed by law. Gives date, description of claim, and o%vner*s intention to resujnc vrorlc at the expiration of the period allovred, Arr, cliron. For index, see entry 65, Hdw, 480 pp, 13 x 13 x E, Aud, bsmt, va, 65, INDEK TO NOTICES OF SUSPENSION OF WORK ON iilMNG CLAIMS, 1894-9! 1 vol. Discontinued, Alphabetical index to Record of Suspension, entry 643 direct by name of locator and indirect by name of lode, G^ivcs date of filing notice, book and page of record, Hdv;o 100 pp, 18 x 12 :: 1, Aud, bsmt, va, 66, C.YATER RIGHT LOCATIONS), 1C85-53, In Iliscellaneous Records, entry 133, Record of notices filed by persons intending to divert Y/ater from public streams for private use, mostly for mining purposes, ^ives name of stre- am, point of diversion, amount of water to be diverted, date cf filing notice, purpose, and name of claimant. 68, RECORD OF POSSESSORY CL/.IiIS, 1889-1913, 6 vols, (1-6), Dis- continued, 18G5-88 in Iliscellaneous Records, entry 133, Record of claims to unsurvcyed public domain lands, the right or claim being initiated by virtue of first entering upon c-jid possessing them. Gives instrument number, name of claimant, date of filing, identification or description of land by monuments or stakes and by position relative to conspicuous land inr.rks, statement that land is not claimed by another, but claimant would have right to enter this land as a homestead vrero it surveyed, Arr, chron. For index, 1389-1913, see entry 69, lidw, 550 pp» 18 X 13 X 3« Aud, bsmt, va, 69, I!':DEX to POSSESSORY CLalllS, 1889-1913, 1 vol. Discontinued, Alphabetical index to Record of Possessory Claims, entry 68; by name of claimant. Gives date of notice, date and time of filing, book and page of record, Hdw, 150 pp, 18 x 13 x Ig-, Rec, va. Mortgage Records Real Property 70, MORTGAGE RECORD, 1832—, 47 vols, (1-47), Record of conditional conveyances of land as security for payment of money, fulfillment of a contract, or performance of some act, 'Jives name of mortgagor and mortgagee, description of property, amount of •• 66 •" Recorder -^ Assignments (71-76) money involved, rate of interest, terms and conditions, date of instrti- ment, date of maturity. Instruments assigned or released are stamped across the face of record entrjr, Arr, chron. Indexed alph, direct by name of mortgagor and indirect by name of mortgagee 1382-89j for index 1890 — , see entry 71, Edw, and typed, 640 pp. 18 x 13 x 3, Rec, va, 71. Il'IDEX TO MORTGAGE RECORD, 1890—. 10 vols. (l-lO), Alphabetical index to Mortgage Record, entry 70; five volx^mes direct by name of mortgagor and five volumes indirect by name of mortgagee. Gives name, book and page of record, date of instrument, date recorded, date released, Hdv/« 300-400 pp. 17 x 12 x 2-g - 18 x 14 x 3, Roc. va, 72, MORTGAGES, 1399—, 1 file box. Original real property mortgages which have boon recorded hut #or some reason not returned to the persons ccncemed« Arr, chron. Ho index. Hdw. on printed form. 4 x 4g- x 10. H.oc, va» Personal Property (See also entry 140) 73, MirJTES OF CHATTEL IIORTGAC-ES , 1891—, 21 vols, (1-21 ). Abstract record of conditional conveyances of personal property as sec- urity for payment of money. Gives date of instri'.m:,nt, names and addresses of mortgagor and mortgagee, description of property, amount of considera- tion, terms and conditions, interest, penalties, and recording fees, Arr, alph, by name of mortgagor; tab guides, No index, Hdw, 500 pp, 18 x 14 X 3, Rec, va, 74. CHATTEL MORTGAGES, 1891—, 45 bundles, 16 file boxes. Original mortgages on personal property, and crops given as security for an emergency crop laan. Gives date of instrument, names and addresses of mortgagors and j.:ortgagees, description of property, amount of consi- deration, terms of mortgage, interest, penalties, signatures of mortgagee and vfitnessing official. Also contains Release .,f Chattel Mortgages, 1391-1926, entry 01, Arr, num. by instr. no. No index, Hdw, on pri- nted form. Bundles, 9 x 4^" x l|-; file boxes, 11 x 4 x 14, Bundles, and 11 file boxes, 1891-1931, aud, bsmt, va,; 5 .ile boxes, 1931 — , rec, va. Assignments 75, ASSIGMIEm OF MORTGAGES, 1883—, 5 vols, (l-5). Record of mortgage transfers conveying to tho new holder all rights and obligations vested in the original holder. Gives names of a,'jsignor aaid assignee, description of property, amount cf consideration or money in- volved, date of assignment, date ac!mowledged and recorded, and fee cha- rged, Arr. chron. No index 1688-89; for index 1890—, see entry 76, Hdv/, and ty ed. 480-640 pp. IS x 13 x 2i - 10 x 13 x 5, 1 vol., 1888- 1905, aud. bsmt, va.; 4 vols., 1906—, rec. va, 76. INDEX TO ASSIGK.ffiKT CF MORTGAGES A-'ID LEASES (and Record of Leases), 1890 — . 2 vols, (A,A). Alphabetical index to Assignment of Mortgages, entry 75; one volime di- rect by name of assignor and one volume indirect by name of assignee. - 67 ~ Recorder - Rolcascs (77-82) Gives date of instrument, book and page of record. Also an abstract rccor combining all information for both record and index of assignments of le- ases. Gives date of instrument, name of lessor and lessee, description of property leased, conditions of lease, date of expiration, and date recorded. Hdw, 300 pp. 17 x 12 x 2, Rec, va, 77. ASSIGWlvIENT OF MORTGAGES, 1932, 1 file box. Original instrument and three copies assigning a mortgage on certain described real estate, ^ives instrument number, names of assignor and assigjaee, statment of assignment, terms of mortgage note, date, and sig- natu.re of assignor or original morfgagee, Arr. chron. No index, Kdw, on printed form. 4 x 4'g- x 10, Rec, va. Releases 78, REIEASE OF MORTGAGES, 18C1— , 26 vols. Record of instritments aclcnoiTledging full pajnnent and satisfaction of real property mortgage and release of claim held by mortgagee, "^ives date of mortgage, date of release, instrujnent number, description of property mortgaged amount of mortgage, rate of interest, date recorded, fee cha- rged » Arr, chron. Fair index, see entry 79, lldvr» and typed, 650 pp, 18 X 13 X 3, Rec, va, 79, liffiEX TO RELEASE OF I'ORTGAGES, 1881—, 4 vols, (A-B, A-3), Alphabetical index to Release of Mortgages, entry 78; t.vo volumes direct by name of releasor and "fcvsro volumes indirect by name of releasee. Gives date of mortgage, date of release, date recorded, instrrjnont niitnber, book and page of record. Hdw, 300-500 pp, 17 x 12 x 2 - 18 x 13 x 3, Rec, va, 80, RELEASE OF MORTGAGES, 1923—. 1 file tax.. Original instruments releasing real property i.-iortgages v/hich arc recorded but for some reason not returned to the person concerned. No orderly arr. No index, Hdw, on printed form. 4 x 4-J5- x 10. Kcc, va, 81, FILED RELEASES OF CHATTEL ^iORTGAGES AND COilT'ITIOIIAL SALES, 1927- 4 file boxes, ■'^leases of Chattel Mortgages 1891-1926 in Chattf Mortgages, entry 74, Original releases of chattel mortgages and conditional sales contracts. Gives name of contracting parties, description of property, dates of instruments, and date of release, Arr, num. by instr, no. No index. Hdvf, on printed form, 4 x 4-2- x 1 - 11 x 5 x 14, S-cc, va, 82, IlffiEK TO MISCELLANEOUS RJI^LEASES, 1921—, 1 vol. 1887-1920 in Miscellaneous Index, entry 134, Alphabetical index to Releases of Lions, entry 83; Releases of Attach- ments, entry 84; Releases of Judgments, entry 65; Releases of Condition- al Sales Contracts, entry 86; and Releases of Options, entry 87; by name of releasor. Also indexes Revocation of Power of Attorney, entry 127, Gives date, name of rcloasoc, kind of instrument, date recorded, date released, book and page of record, Hdw, 600 pp, 13 x 13 x 3, Rec, va. - 68 - Recorder - Attachmonos and Sales (83-89) 83, (RELEASES OF LIENS), 1902—. In Lli seel lane ous ^ocordG, entry 133, Record of the rcloaso of a lien filed for the non-pajnnent of labor or nr.- terials, Oivcs date, instrument raimbcr, type of lien, claim made, terns of contract, description of lion subject to release, date recorded, and fee. For index, sec ontry 82, For original instrvuncnts, sec entry 138, 84, (RELEASES OF ATTACIIIIEIITS), 1913—. In luisccllaneous Records, entry 133, Record of rcloasos whereby the right, credit or property of the defend- ant is released from attachncnt, GItos date, and number of instrument, names of plaintiff and defendant, description of property released, dato recorded, and fee. For index, sec entry 82, 85, (RELEASES OF JUDGIEIITS ) , 1894 — . In Miscellaneous Ticcords, entry 133, Record of instruments shov^ing that certain mentioned jtidgments have been fully paid and satisfied by defendant and that plaintiff relinquishes all right, title and interest, C-i-ycs name of plaintiff rnd defendant, and dates. For index, sec entry 82, 86, (RELEAS-oSS 0? COiroiTIOI-Ii'iL S-'iES COITE/iCTS), 1921—, In Miscell- aneous Records, entry 133, Record of instruments stating that all terms of a conditional sales con- tract have been fulfilled. Gives inetrumont n'umber, names of vendor and vendee, dato of instrument, description of property subject to release, and notarized signatures of contracting parties. For index, sec entry 82, 87, (RELEASES OF OPTIONS), 1896-1934, In I.iisccllrjicous Records, entry 133, Record of releases of contracts granting to certain individuals exclusive right to purchase the described property. Gives date of contract, names of ovmcr and purchaser, description and location of property involved, amovmt of consideration, expiration of contract, signatures of contract- ing parties, date released, and date recorded. For index, see entrj^ 82, Attacliracnts and Sales 83, LIBOR AKD II/vTERUL « lEOIiiJTIGS* LIZIjS, 1891—, 5 vols, (A-E). 1889 in Miscellaneous i-ccords, entry 133, Record of legal claims filed on real an^l personal property, to recover money ovred for labor performed or material supplied to defendant by cla- imant. Gives instrument number, name of claimant, type of lien, terms of contract, amount claimed, dates upon which labor was perfonned or materi- als supplied, date filed, and fee cliarged, Arr, chron. For index, see entry 89, Typed. 640 pp, 18 x 13 x 3, A-C, aud, bsmt. va,; Rec, va. For original instruments, see entry 90, 89, IITOEX TO LABOR A1\T) iiATERIAL - LIECIiANICS » LIEi'S, 1891—, 2 vols, Alphabetioal index to Labor and Llaterial - Llechanics* Liens, entry 88; direct by name of clairaant and indirect by name of debtor. Gives date of filing instrument, book and page of re.ooid, ^dv;-, 630 pp, 18 x 13 x 3, 1 vol,, aud, bsmjj, va,; 1 vol., rec, va. - 69 - Recorder - Atto.clunents and Sales (90-97) 90, LIENS, 1911—, 2 file boxes. Original lien claims filed by laborers and mechanics for labor performed or materials furnished. Gives name of person filing lien, description .f property upon which lien is filed, statement of material furnished or labor done, time spent and amou.nt due, Arr» num. by instr, no. No index, Hdw, on printed form, 4 x 4-|- x 10, Hec, va. For record of lions see entry 88» 91, NOTICE OF LIS PENDENS, 1895—, 3 vols. (1-5). 1891-94 in lliscellaneous Kocords, entry 135, Record of notices of ponding legal action directly affecting title to real property. Gives name of plaintiff and defendant, date of notice of action, description of property, and signature of plaintiff's attorney. Arr, chron. Indexed alph, by name of defendant, 1895-1910; for index 1911—, see entry 92, Hdw, and typed. 640 pp, 18 x 13 x 3, Rcc, ^--a, 92, IJIDEX TO LIS PENDENS, 1911—, 1 vol, ■Alphabetical index to Notice of Lis Pendens, entry 91; by name of def- endant. Gives name of plaintiff, date of filinr notice, book and page of record, Hdw, 400 pp, 18 x 13 x 3, Rcc, va» 93, CERTIFICATE OF SilLE RECOIJj, 1891—. 3 vols, 1885-1912 also in Miscellaneous Records;, cntrj' 133, Record of certificates issued by the sheriff to purchasers of mort^^aj^cd property under judgment in foreclosure suits. Gives certificate number names of plaintiff and defendant, recitation of decree and order of fore- closure, description of property involved, amount for which sold, date of sale, costs and fees, date recorded. Arr, chron. Indexed alph. by name of plaintiff 1891-1912; for index 1913—, see entry 94, %ped, 600 pp. 18 X 13 X 3. Rec, va, 94, IITOEZ TO CERTIFICATES OF S.'XE, 1913—. 1 vol. Alphabetical index to Certificate of Sale Record, entry 93j direct by name of plaintiff and indirect by nar.ie of defendant. Gives date issued, date recorded, book o.nd page of record, Hdw, 160 pp, 18 x 13 x 3, Rec, va, 95, BILL OF SALE RECORD, 1892—, 7 vols, 1885-91 in Miscellaneous Records, entry 135, ^ecord of personal property sold or conveyed from one person to another. Gives date of sale, instrument number, names of vendor and vendee, des- cription of property, date recorded, and fee charged, Arr, chron. For index, see entry 96, Typed, 650 pp, 14 x IS x 3» Rec, va, 96, INDEX TO BILL OF SALE, 1892—, 2 vols, ■"■Iphabetical index to Bill of Sale Record, entry 95; one volurae direct by name of vendor and one volume indirect by name of vendee. Gives date, kind of instrument, book and page of record, l^dw, 450 pp. 18 x 13 x 2-g-, Rec, va, 97, BILLS OF SALE, 1911-21. 1 file bo:c. Discontinued in this form. Original instruments given to convey title of ovmership of certain des- cribed personal property. Gives instrument niuiiber, names of vcr.dor and vwnda«, 'Lm..unt of aunsndei-ution, doscription of property sold, signature - 70 - Recorder - Contracts and Leases (98-103) of vendor, seal and signature of notary, date recorded, and amount of fee, Arre chron. No index, Hdw, on printed form, 4 x 4-g x 10, Rec, va. For subsequent related record, see entry 139» Contracts and Leases 98, RECORD OF LEASES, 1881—, 6 vols, (1-6), Record of contracts by whiich e. person pays another specified rental over a set period of timo for the use and profit of certain designated real or personal property. Gives date, instrujiient number, names and add- resses of lessor and lessee, consider8.tion, description of property leas- ed, conditions of lease, date of expiration, date recorded, and fee cha- rged. Arr, chron. Indexed alph, direct by name of lessor and indirect by name of lessee, Hdw. and typed, 300-500 pp, 14 x 12 x 1 - IS x 13 x S-g, ^ec, va, 99, (AGREEA'IEKTS), 1885—, In Uiscellr.necus Records, entry 133. Abstract record of instruments virhereby tvTo or more persons bind them- selves to future performances as to property or services. Gives date of instrument, names of persons con.3erned, details of action agreed upon, date recorded, and fee charged. For original instruments, see entry 138, 100, (contracts - LnSCELLANEOUS), 1885—, In Miscellaneous Records, entry 133, Record of miscellaneous formal agreements enforceable by lavj' by which one party binds himself to convey property or render definite services for a stated consideration. Gives date of instrument, terms and purpose of contract, money consideration, if anyj names of contracting parties, and date recorded, 101, (contracts for deeds), 1087 — , In Miscellaneous Records, entry 133. Record of contracts concerning sale of real estate substantitated by bonds for the delivery of a deed upon fulfillment of terms of contract. Gives date, names of vendor and vendee, stipulations, consideration, date final payment due, bond niunbcr, and signed statement of vendor that deed will be furnished when conditions of contraot are fulfilled, For Bleed Record, see entry 41, 102, C013DITI0NAL SALES C0I7IRACTS, 1921—. 3 vols. (1-3). L886-192 in Miscellaneous Records, entry 135. Record of sale contracts, the terms of which must bo fulfilled before title to- the property passes to tJie buyer. Gives instr\iment number, date entered, names of vendor and vendee, date of instrumc2it, amount of sale, date due, description of property subject to contract, and notarized signatures of contracting parties, Arr, chron. For index, see entry 103, Typed, and hdw, on printed form, 320 pp, 18 x 13 x 5, Roc, va. For original instruments, 1908-16, 1821—, see ^tjry,lo9, 103, INDEX TO COriDITIONAL SALES CONTRACTS, Approx, 1921—, 1 vol. Alphabetical indox to Conditional Sales Contracts, entry 102; 'Irroct by name of vendor and indirect by nar.\o of vondeo. Gives date, book and - 71 - Recorder - Corporations (104-109' page of record, Hdw, 600 pp. 18 x 13 x 3, Rec, va, 104, (options), 1896-1934, In Miscellaneous Records, entry 133, Record of instruments granting to certain individuals exclusive right to purchase the described property. Gives name of optioner and optionee, description of property, specified price, duration of option, requisite signatures, and jurat. Corporations 105. (articles of IIICORPOliATION), 1890—, In Miscellaneous Fi^es, entry 138, Certified copies of articles of incorporation of corporations, both dom- estic and foreign, which are doing business or desire to do business in the state of Idaho, Gives name of corporation, names of organizers and n-umber of directors, principal place of business, purpose for vrtiich formed, date and term for wliich it is to exist, amount of capital stock and number of shares, ^or index, see entry 142. For other articles of incorporation, sec entry 140, 106. IMDEX TO AmUJAL STATEIvEilTS BY CORPORATIONS ( and Record), 1911--, 1 vol. Abstract record combining all the information for both record and index of annual financial statements of corporations. Gives instrument number, date filed, name of corporation, location of principal office, capitalizat- ion, number of shares, names of presi^lent, secretary, treasurer, nana^ing agent, and attorney-in-fact. Arr, alph, by name of corporation; tab guides, Hdw, on printed form. 360 pp, 16 x 20 x 5, Rec, va. For original instruraents, see entry 138, 107. I]\]DSX TO CERTIFICATES OF FIPJi NAivlES (and Record), 1900-1922. 1 -vol, 1923— in Fii sec 1 lane ous Eiecords, entry 133, Abstract record combining all the information for both record and index of certified statements filed by persons conducting a business under a fict- itious name identifying the individuals interested with the trade name of the firm. Gives instrument number, date of instrument, name of firm, names and addresses of all parties interested in the business and formal sworn statements that the facts set forth are true. Arr, alph. by name of firm, Hdw, 659 pp, 18 X 13 x 3. Rec. va. For certificates of firm names, sec entry 109, 108. (CPIAMGE OF DESIGNATED AGENTS), 1390 — , In Miscellaneous Files, entry 138, Notices authorizing change of agents for corporations. Gives date of filing notice, place, principle involved, nature of business for which a,{;cnt has been acting, and signature of president of r-orporation. No index, 109. (CERTIFICATES OF FIRIvI NAI'.ES), 1890—, In Lliscollanoous Files, entry 130, Certified statements filed by persons conducting a business under a fict- itious name identifying the individuals interested vdth the tr'n.dc name of the firm. Gives instrument number, date of instruincnt, ncjno of* firm, names and addresses of all parties interested in the business and form^-l sworn statement that the facts sot forth are true. No index, F6r record of certificates of firm names, sec entry 107, - 72 - Recorder - Vital Statistics (llO-llS) 110, (certificates of INSURAircE COiiiPAi^'IES), 1890—, In Miscellaneous Files, entry 136, Certificates of insurance companies vrfiich have met the state's requirements and are entitled to do business in the State of Idaho for current year. Gives names and office address of o.ll insurance com.panies doing business in the state, type or character of business Tnritten, certification by offi- cer having jurisdiction over certification of such cor.ipr.nics, and date filed. IVo index, 111, RECORD OF SURETY COMPANIES AUTHORIZED, 1919-30. 1 vol. Dis- continued, Register of certain fidelity o,nd surety- companies authorized to do busi- ness in Kootenai County, '^ives date of authorization, name of conpany, nature of risk, date of Virithdraival or cancellation, Arr, alpha by name of company; tab guides, No index, ^fev, 270 pp, 16 x 14 x 1, fee. va. Vital Statistics Llarriages (See also entries 247, 246, 261) 112, LIARRL1GE RECORDS, 1881--, 30 vols. Record of marriage licenses and certificates c License record gives name and address of each applicant, affidavits or notarized statements made by applicants setting forth their eligibility under Idaho law to obtain marri- age licenses giving name, age, rcsidc:.Tce, birthplace, race, and marital status of contracting parties, and da'';o authority Y.r.s granted for pcrfor- ma^nce of marriage. Certificate record gives date, name cjicl address of contracting partioxr^ place of marriago, name of person performing ceremony and witnesses, Arr, chron. 1 vol,, 1887-95 indexed alph, by najno of male; for index to 1 vol., 1881-90, and 28 vols., 1895--, sec entry 113, HdTV,, hdw, and typed on printed form, 344-640 pp, 16 x 11 x l-^- - 18 x 13 x 3, Rec, va, 113. IJ^IDEX TO FiARRIAGE RECOFCDS, 1881-90, 1895—, 2 vols. Alphabetical index to ISarriage ^cords, entry 112; by name of man. Gives narae of woman, date of marriage, place of r.iarriage, book and page of re- cord, Hdw. 250-320 pp. 18 x 13 x 3. S^c, va, 114. J.IARRIAGE AFFIDAVITS, 1895—. 5 file dravrers, '-'riginal notarized statements made by applicants setting forth their eligi- bility Linder Idaho lav; to obtain rcarriage licenses. Gives name, age, res- idence, birthplace, race, and marital status of each applicant, Arr, chron. No index, Hdw, on priiated form. 12 x 13 x 25 •- 12 x 13 x 56, 3 file drawers, aud. bsmt. va,; 2 file drayrers, rec, va, 115, FiAP-RIAGE LICEUSES Al^D CERTIFICATES, 1911-17. 1 bundle, 1 file box. '-'riginal licenses and certificates v;hich for some reason are not returned to persons concerned. Licenses give name, age, birthplace, residence, and race of contracting parties; signatures of persons concerned and witnesses, Certificates give names of contracting parties, date of riiarriage, place, and signatures of person officiating and witnesses, "o orderly arr, i'^o index, Hdvir, on printed form. Swindle, 10 x 4 x 2, 1311-12; file bo:>:, 11 X 4 X 14, 1913-17, Rec, va. - 75 - Recorder - Bonds; Povrers and Oaths of Attorneys (116-121) Births 116, REGISTER OF BIETrlS, 1907-11, 1 vol. Discontinued as a county record 1911; subsequent records kept by Bureau of Vital Statistic Record of formal statements certifying to the birth of children. Gives date of birth, place, name of child, sex, race, number in family; parents' names, color, occupation, birthplace j age, residence; maiden name of mother, and name of person reporting birth, Arr, alph. by name of child; tab guides No index, Hdw, 320 pp. 18 x 13 x 3-|-, Aud. bsmt, va. Deaths 117, REGISTER OF DEATHS, 1907-11, 1 vol. Discontinued as a county record 1911; sxibsequcnt records kept by Bureau of Vital Statistif Record of formal statcnonts certifying to death. Gives date, place, full name, age, sex, color or race, cause of death, dviration of illness, birth- place, parents* name, residence and fcy xrhora reported, Arr, alph# by name of deceased; tab guides, Kq index, -ilw, 320 pp, 18 x 13 x 3-|-, Aud, bsmt, va. Bonds 118, OFFICIAL BOi-IC' RECORD, 1892--, 5 vols. Record of personal and svirety bonds securing electod or appointed officials accompanied by oaths, ^ives name of official, name of company or person fumishing bond, amount of bond, tenr^ of office, and date. Oaths of offi- ce give date, name of appointee, and office to Vifhich appointed, with sign- ed and notarized statement swearing allegiance to federal, state, and county governments, Arr, chron, No index 1892-1917; indexed alph, by name of officer 1918—, For separate index, see entry 119, Typed, 600 pp, 18 x 14 X 3, 4 vols,, 1892-1917, aud, bsmt, va,; 1 vol, 1918--, rec, va. For original bonds, see entry 120; for other official oatns, see entry 398, 119, INDEX TO OFFICIAL E0i\iDS, 1890—, 1 vol. Alphabetical index to Official Bond Record, 1892—, entry 118; no record 1890-91 could be located; by name of officer. Gives name of official, title of office, date and amonnt of bond, when and where recorded, Hdw, 500 pp, 18 X 13 X 3, Rec, va, 120, OFFICIAL BONDS, 1932—. 1 file box. Original bonds containing information as in Official Bond Record, entry 118, No orderly arr, l'<"o index, Hdw, on printed form, 4 x 4^ x 10, Rec, va. POT/crs and Oa.ths of Attorneys 121, PacmR OF ATTORtlEY RECORD, 1883—, 3 vols. Record of instriAments authorizing persons to act as agents for other per- sons or firms in a general or special vra.y. Gives instrument number, date and purpose of appointment, name and address of person appointed, po^vcr - 74 - Recorder - Licenses and Permits; (122-128) Rovocations granted and limitations of such povror, dates acknov/lcdgod and recorded. Arr. chron. Indexed alph, by name of grant'.T 1883-91; for index 1892—, see entry 122, Typed, 650 pp. 18 x 13 :;: 5. ^cc, va. For original instriuiionts, sec entry 133, 122. IIDEX TO PO.VER OF ATTORISY, 169^— • 1 vol. Alphabetical index to Pov/cr of -^^ttomcy Rec>.orc, entry 121; by name of grantor, '^ives name of instrument, date r- corded, book and page of rcoord. Hdv/, 350 pp. 16 X 11 :: 2. Rec, va, 123, OATHS OF ATTORl^IEYS AT JJJV, 1891-95, 1 bundle. Discontinued, Sworn statements ma.do by various attorneys '-at-lr.w, guaranteeing faithful performance of duties as attorney in the district court. Gives name and addresses of attorney, term of office, and remarks, Arr, chron. No index, Hdw. on printed form. 10 x 4 x 2. ii-ud, bsmt. va. Licenses and Permits 124, PHYSICIALiS' LTCEIISE RECCPJ., 1697—. 1 vol. physicians au.thoriscd to Icfjclly practice medicine in the state. Gives name of physician, qualif icatiojic, f;ato permission was granted by medical board, license muabr;r, date recorded, and fees* Arr. chron, Indexc- alph, by name of physician, Ildvf, SIO pp, IB x 13 x 1-g-, ^ec, va, 125, DENTAL RECORD, 1899-1932. 1 vol. Discontinued, Record of official documents certifying that the person in question has been grcuited a license to practice dentistry in the State of Idaho, troves name of dentist, date and place of issuance of license, names of ^tatc Board of Dental Examiners, and date recorded. Arr, chron. Indexed alph. by ncjao of dentist. Hdw, on printed form, 153 pp, 16 x 12 x 1. ^cc, va, 126, (DIPLOiL'.S), 1867-1925. In Miscellaneous Records, entry 133. Exact copies of diplomar: issued to doctors, dentists and nurses authorized to practice in Kootenai County, '-^ivos name of person, profession for which diploma is issued, date issued, statement of eligibility, cjid nrjnes of officials granting diploma. Revocations 127, (REVOCATION OF PDITCR OF ATTOPJffiY), 1693—, In Miscellaneous Records, entry 133, Record of instruments revoking power to act as agents for other persons or girms. Gives date, names of principal and agent, purpose and limitat- ion of annulment, and date recorded. For index 1921—, see entry 82, 128, (MISGELL/dlEOUS REVOCATIONS), 18G5— , In Hisccllancous Records, entry 133, Record of rovocations of appointments, declarations of homesteads, firm names and citizenship, revoking pov>rcr to act as agents for other persons or firms. Gives date,, naracs of principal and agent, kind of instrument, purpose and limitations of annulment, and date recorded. * » - 75 - Recorder - Fcirm Names; Brands; (129-133) Soldiers' Discharge; Miscollc'jicous Farm Names 129. FARI.i NAME RECORD, 1911—, 1 vol. Last entry 1931, Record of names by which farms are identified. Gives name and address of ovmcr, name of farm, location by section, tovmship, and range; and date recorded, Arr, alph. by name of ov/ner; tab guides, Wo indez. Hdv/, 125 pp. 15 X 11 X 1, Roc. va. Brands 130, BRiU^lD RECORD, 1885-1916, 2 vols. Title varies slightly. Discontinued, Record of sjonbols used to identify and esto.blish C/mership of livestock. Gives symbol, kind of animal, name and residence of ovrner, and date re« corded. Arr, chron. No index ,1885-1900; indexed alph, by name of owner 1901-16, 217-432 pp. 16 x 11 x 2 - 17 x lo x 3, 1 vol., 1885- 1900, aud, bsmt, va,; 1 vol., 1901-16, roc, va. Soldiers' Discharge 131. SOLDIERS' DISCIIi'lRGE RECOIffl, 1918—, 1 vol. Record of instruments issued by the United States government honorably discharging men from the army, navy, and marines service. Gives date of enlistment, occupation, personal description, case histroy, character, pay, date discharge is effective, end signature of officer in charge, Arr ichron. Indexed alph, by name of cx-scrvice man, H^v;-, on printed form, 600 pp, 18 X 14 X 3, Rec, va, 132, COPIES OF SOLDIERS' DISCIIAR^S, 1913-19. 2 file boxes. Title varies slightly. Certified copies of discharges of soldiers vrhc have been released from the United States iirmy. Navy, and Marines, Gives name and address of man, term of enlistment and v/hcn effective, personal description, chara- cter, history, pay, bonus, date of discharge, and signature of releasing officer, Arr, chren. No index, Hdv/, on printed form, 4 x 45- x 10, Roc • va. Miscellaneous 133, fflSCELL/JIEOUS RECORDS, 1885—, IS vols. Record of miscellaneous instrumcntst Includes (Appointments), 18G6-1917, entry 29; United States Receiver's Receipts, 1887-1900, entry 54; Proof of Labor, 1886-94, entry 61j (Water Right Locations), 1885-88, entry 66; Record of Possessory Claims, 1885-68, entry 68; (Releases of Liens), 1902- entry 83; (Releases of Attachments), 1913—, entry 84; (Releases of Judg- ments), 1894—, entry 85; (Releases of Conditional Sales Contracts), 1921—, entry 86; (Releases of Options), 1896-1934, entry 87; Labor and Material - Mechrjiics* Liens, 1889, entry 88; Notices of Lis Pendens, 1891- 84, entry 91; Certificate of Sale Record, 1085-1912, entry 93; Bill of Sale Record, 1885-91, entry 95; (Agreements), entry 99; (Contracts - Miscellaneous), entry 100; (Contracts for Dc.,:c1e), 1867—, entry 101; • % Ay: - 76 - Recorder - Miscellaneous (134-138) Conditional Sales Contracts, 1886-1920, entry 102; (Options), 18©6-1934, entry 104; Index to Certificates of Firn Names (and Record), 1923--, entry 107j (diplomas), 1887-1925, entry 126 j (Revocation of Powe'r .^f Attorney), 1893 — , entry 127; (l-iiscellaneous Revocations), entry 128; (Declaration of Homestead), 1887—, entry 135, Krr» chron. Wo index 1885-86; for index 1887--, see entry 134, Typed, 640 pp, 18 x 13 x 3, Rec, va. 134, MISCELLAilEOUS IHDEX, 1887—, 3 vols. Alphabetical index to Miscellaneous Records, entry 133 j direct by name of first party and indirect by name of second party. Gives kind of instrument, date of instrument, and date filed. Also contains Index to Miscellaneous Releases, 1887-1920, entry 82, Hdw. 600 pp. 18 x 13 x 3, Rec, va, 135, (DECIjJlA.TIOiI OF HOI/ESTEAD) , 1887—. In Miscellaneous Records, entry 133«, Recoril of declarations made by persons desiring to protect their homes from levy and sale for sitisfaction of a oourb Judgn..;nt. Gives name of man or woman making statement, doscription of property valuacion, size of family, statement that family is novir living on the property as a home, and that prop- erty does not exceed value exempted by law; date recorded, and fees. For original instruments, sec entry 138, 136, REGISTER 0? COMITY Al'ID PEECIIJCT OFFICERS, 1892--. 2 vols. Title varies slightly, >^ Record of county and precinct officers elected or appointed. Gives name, residence, office, when elected or appointed, date of bond and qualifications, name of surety company, date of commission, and expiration of commission, Arr, chron, 1982-93; arr. alph, by name of officer 1894—, No index. 1 vol,, 1892-93, bsmt, st, va.; 1 vol., 1894—, roc. va. For original appointments, sec entry 138, 137, TAX IfOIfflERS, 1914—. 1 vol. Record of tax nvinbors given to irregular parcels of land on which the bound- aries are described by metes and bounds. Gives boundary measurements in relation to adjoining parcels, and acreage, if rural; size in square rods or feet; if city property, name of record OTmer, and recorded number of tax parcel, Arr. num. by assigned no. Indexed alph, by name of owner, Hd'.v, 400 pp. 17 X 13 X 2, Roc, va. For assessor's record of tax numbers, soc entry 276, 138, MISCELLANEOUS FILES, 1890—, 2 shelves, 5 cardboard boxes, 17 file boxes. Original instruments including (Releases of Liens), 1902—, shov/ing infor- mation as in entry 83; (Agreements), shovdng information as in entry 99; (/irticlcs of Incorporation), entry 105; (/innual Statements of Corporations), 1911 — , shov;ing information as in entry 106; (Change of Designated Agents), entry 108; (Certificates of Firm Names), entry 109; (Certificates of Ins- urance Companies), entry 110; (Powers of Attorney), shov/ing information as in entry 121; (Declarations cf Homestead), showing information as in entry 135; (Appointments), 1889—, shelving inf ormr'.tion as in entry 136; Abstracts of Judgment, 1903—, entry 166; Notices of Levy on Real Estate (V/rits of Attachment), entry 168, No orderly arr. on shelves; cardboard and file boxes, arr, num. by instr, no. Index varies: see descriptive entry for each item. Shelves, 14 x 9 x 31; cardboard boxes, 4 x 4|- x 10; file boxes 11 X 5 X 14. Shelves and 8 file boxes, aud, bsmt, va,; cardboard boxes and !>o.;: - 1', \>^^':r.^ - 77 - Recorder - Plats and Maps (139-144) 139, COlTOITIONilL SiAES CONTRi'iCTS .U'D BILLS OF SilLE, 1908-lG, 1021--, 8 file boxes. Original contracts of conditional sales, and bills of s»lo filed for • record. One file box, 1908-16, no orderly arr,; 7 file boxes, 1921—, arr, num. by instr, no. No index. Hdw, on printed form, 4 x 4-2 x 10 - 11 X 5 X 14. 4 boxes, 1921-27, aud. bsmt. va.j 4 boxes, 1908-16, 1928—, rec. va. For prior bills of sale, 1911-21, see entry 97; for record of condi- tional sales contracts, see entary 102, 140, CHATTEL ifORTC-AGES Al^ID ARTICIJIS OF I K'CDRP ORATION, 1922—, 1 file box. Original chattel mortgages and articles of incorporation filed hy the IVash** ington Water Power Company and the Interstate Telephone Company. Chattel mortgages give date of instrument, names and addresses of mortgagor and mortgagee, description of property, consideration, terms of mortgage, and signatures of mortgagee and witnessing official. Articles of incorporation give name of corporation, names of organizers and nvLmber of directors, prin- cipal place of business, purpose for vriiich formed, date and term for which it is to exist, amount of capital stock and number of shares. No orderly arr. No index. Hdw, on printed form. 11 x 5 x 14, -t^c, va. For other chattel mortgages, sec entries 73, 74; for other articles of incorporation, see entry 105, 14-1, PAPERS PERTAINING TO TAX DEEDS (Publication Notices), 1921-31, 1 file box. Newspaper clippings showing advertising lists prepared by the county on sale of real property for due and unpaid taxes. Gives year, amount of tax^ name of person assessed, and date of delinquency, Arr, chron. No index. Printed, 11 x 5 x 14, Rec, va, 142. INSTRlCiiNTS TO BE FILED (and Index), 1890—, 2 vols. Title varies slightly. Abstract record combining all the information for both record and index of instruments filed but not recorded in the regular records. Gives name of person or company filing, chai-actcr of instrument, and date filed. Also indexes (Articles of Incorporation), entry 105; Abstracts of tJudgtnents, entry 166; and Notices of Levy on Real Estate (Writs of Attachment), 1890- 1907, entry 168, Arr, alph, hy name of person or company filing, Kdw, 200-500 pp. 16 X 11 X 2 - 18 x 13 x 3, Rec, va, 143, INSTRUl'IEHTS HELD FOR FEES, 1935 — , 1 file bo:c. Various legal documents hold for recording until required foe is paid. Arr, chron. No index, Kdw, on printed form, 11 x 5 x 14, Rec, va. Plats and L'iaps (Scc also entries 310-319, 430-433) 144, BOOK OF PLATS, 1890—, 3 vols. Plats of all toTOisitoc, tOTiuoito cvdditicr.c' und irrigrvtion -r"i3triot3 ' in Kootenai County, Arr, cvlph, by namo of tovmsitc. For index, scc entry 145, li^dv/, and handiiravm, 50 pp. 23x 26x 2. Rec, vrx. - 78 - District Court (145-146) 145, Il-IDEX TO BOOK OF PIATS, 1890—, 1 vol. Alphabetical index to Book of Plats, ontry 144; by name of tovmsitc. Gives names of ovmers of property in original to'Amsitcs, townsitc addi- tions and irrigation districts, date of filing, by whom filed, book and page of record, E&vr, 75 jip, 18 x 14 x 1, Rec, va, 146, MP - TOTfNSITE OF IIAPJIISON, IDAHO., 1922, 1 map. Political map of the tovmsitc of Harrison, Id.Jio, showing additions and sub- division, Neil S, Coventryo Blueprint, 1 inch equals 40 feet, 23 x 18, Rec, va. IIIo DISTRICT CO'TRi: A large part o'^ the '.'csponsibility for the adraini strati on of law de- volves upon the district court personr.::l now consisting of the district judges of each judicial district and the clerks of the district courts in each county, YJhen the Congress of tho Unitod States passed the Organic Act organ- izing Idaho Territory.'', provision was rade for a division of the territory into three judicial districts. The suorcmo court judges, of whom there were throe, were required each to hold sessions in the district to which he was assigned, ( 0.,A , 13G3, sec, 9,) Since the arrangement wqs prescribed by tho United States Congress, it must necessarily remain so i.mtil changed by tho same body. No cho.ngcs v.-ere made. The suprcnc court judges of the territory presided over the district courts of the vr.rious counties during the entire territorial period. When tho constitution vra-s framed .".nd adopted in 1890, provisions wore mado for five districts instead of throe and the election of five district judges to preside over the court sessions instead of the supremo judges. The legislature was given authority to increase or decrease the nuiubcr of districts and district judges as conditions might require, ( Const, of Ida , 1890, art, 5, sec, 11») The districts have boon increased from the original five to the present number of eleven at different times since the adoption of the constitution and judgeships iiicrcased from the original five to the present number of sixteen, ( l,C.A . 1932, 1-801,) Kootenai County is ono of the four counties in the eighth judicial district. The same article and section of the constitution fixed the tenure of office at four years and required each judge to hold at least two sessions of court in each county each year. Fear was expressed by some racmbcrs of the constitutional convention that judges would become too v/cll acquo.inted ■'.dth the residents of tho districts, too farrdliar vidth the facts of each case before it v;a3 taken into the courts and, as a result, vrould bo prejudiced (Const, Con, Pro , 1889, vol 2, p, 1522), The objection v^s net by the insertion of a section allo\Ting district judges elected in one district, to try casos in another district on request of tho resident district judge, They v/crc obliged to preside over cases booked for trial in districts other than their own, vrhcn ordered to do so by the governor of tho state. It v/as further provided that any member of the bar may act as a judge pro tempore upon agreement in writing signed by the litigants or thoir attorneys, ( Const, of Ida , 1890, art, 5, sec, 12,) - 79 - District Court (Next entry 147, p. 82) The qualifications of district judges as set up by the constitution ■were such that it vra.5 not necessary for a person elected to the judgship to be a mombor of the bar. Ho must be "learned in the law", thirty years old, a citizen of the United States, nust have resided in the state or territory at least two years next preceding his election and must be, at the time of his election, an elector in the judicial district for vrhich he is cloctod, ( ibid ,, sec, 23,) The constitution further provided that vacancies in the office should bo filled as provided by law ( ibid, , soc, 19), The statutes provide that all vacancies in district offices be filled by the governor unless othen'irise providudi for by law ( L,S«I , 1890-91, soc, 12, p. 57; I . C , A « 1932, 57-904), T>io' statutes also provide that in case of a vacancy in the judgeship of any district, motions nay bo made before, or orders granted by a district judge of another district ( L.S«I , 1905, sec, 5, p. 7; I.e. A, 1932, 1-905), The district judges have general powers to hold terms of court, tran- sact judicial business, make orders, and grant or refuse -/vrits (L,S,I, 1911, ch, 4, sec, 1, p, 6j I»C,A « 1932, 1-703), Certain pov/crs and duties have been conferred upon judge's at chambers as distinguislied from, the powers and jurisdiction of the court, A district judge Ra.y sit at chambers anyT,-/hero vd-thin his district and when so acting has powers as follows: Ko has power to grant, dissolve or modify temporary injunctions j to discharge attachments; to hear applications for the sale of perisiiable personal property held under attachment; to hear ap'olications for the appointment or discharge of receiv- ers or make orders in relation to receivers v^'hich are usually made by a judge or a court; to hear applications for mandamus or habeas corpus pro- ceedings; to act upon a motion for a nev/ trial; to isouo writs of review and prohibition and to hear and determine them; to appoint appraisers under the eminent domain act; to grant all orders and v/rits which are usually granted in ex-parte applications; to issue citations; to receive pleas of guilty upon the application of persons accused of crime; to hear demurrers on motion; to set causus for trial; to hea.r applications for changes of venue; to try and determine all causes in which the parties agree in writ- ing to try before a judge at chambers; to enter default judgments and to exercise all powers conferred upon a judge by any lavr of the state as contra- di stinguishrd from the court ( R.S. 1867, sec, 3890; am, 1907, p, 317, sec, 1; reen. R.C, 1908, and C.L, 19lFr"sec, 3890; C.S. 1919, sec. 6493; I,C.A . 1-901), The organic act creating Idaho Territory provided for the appointment of a clerk in each district, by the district court or the judge ( 0,A , 1863, sec, 9), The clerk at this time was not an officer of the court but an employee of the judge paid by the United States Government ( U,S. Statutes at Large , Boston-1859, vol. 11, ch, 124, sec. 10, p, 50), There is some obsecurity as regards the duties performed individually by the person appointed as clerk of the entire district containing several counties. Provision vra.s made by the first territorial legislature for the holding of district court sessions in tie several counties ( L,T,I , 1863-64, sec, 6, p, 383), It would be impossible for a district court clerk to re- side in all counties and attend to court business during tho period when the court was not in session in that particular county. Provision vra.s made for tho appointment of one clerk only ( U,S, Statutes at Large , Boston 1859, vol, 11, ch. 124, sec, 10, p. 50), The appointed clerk was compelled to attend in person all sessions of the district court hold in his county (L.T.I. - ^0 - DilBtjplot Court (ijcxt entry 147, p, G2) 1863-64, sec. 91, p. 495), There being only one clerk for the district, it appears that he viras only required to attend the sessions of the court held in the coxmty of which he vms a resident. In 1864 a law "vra-s enacted by the second territorial legislature, giving the clerk of the district court the right to appoint one or more deputies; the appointment to be filed in the office of tho recorder (L.T.I , 1864, oh. 8, sec. 1, p, 389), From this, it appears that the legislators intended that there should bo a deputy clerk in each county to be paid by fees as wore other coimty officers. Only one clerk iTas paid from tho United States treasury, A logical conclusion is tliat a deputy was appointed for each cottnty because court records have been found in the original counties since 1863, It has not been made clear by any law or literature on the matter who acted as deputy clerk in tho various counties. The first territorial leg** islatvirc provided for a co\inty clerk -Biho tras tc'RCt ac clerk of the proba.te court (L«T,I« 1863-64, sec, 1, p, 591), llo other specific duties were assigned to him other than serving as clerk of the board of coipjaissioners from 1864-75 (cf. Commissioners* office essay, page 45), It is possible that the county clerk was deputized as clerk of the district court in each county. Under the duties of "Clerk of the District Court" in the first territorial session laws, both the duties of the county clerk and the district court clerk are outlined (ibid., p. 495), IVhen the state constitubion was frr^med and adopted, the office of clerk of the district court vra,s made a fovir year constitutional office to correspond with the district court judgeships. Provision was made for the election of a clerk by the electors of each county, (Const, of Ida. 1890, art, 5, sec, 16,) Whether or not the office of clerk of the district court is a covmty or district office, has not been fully settled. The part of the constitution pro- viding for a clerk is part of article 5 wliich is almost exclusively devoted to the Judiciary, The division of the constitution providing for county offi- cers does not include the clerk as one of the county officers. It provided for his ex officio duties as auditor and recorder, (lb id . , art, 18, sec, 6.) The statutes of Idaho, enacted according to the iTiandatc of article 18 section 6 of the constitution, directing tho legislature to enact lav;-s providing for certain county officers, listed tho clerk as one of the coujit;/ officers, (l,C,A, 1932, 33-202), This is not justified. Section 16 of article 5 providing Tor tho oloction of a district court clerk, does not require that supporting legis- lation be enacted. This provision of the constitution v/as mado sufficient authority for tho election of a clerk in the various counties. As a matter of fact, article 18 section 6 forbids the creation of county officec in "f^if^it- ion to those mentioned. In practice tho clerk is considered a county officer. Vacancies in the office are filled by the county commissioners. HOT/evcr his bond must bo approved by the district judge (R.S. 18G7, sec, 1828; I,p,A , 1932, 30-1515), He certainly is an officer of a district organization. The clerk of the distr-'.ct court must be an elector (L,S,I , 1890-91, sec, 5, p. 57; I.CA. 1932, 57-101), He is required to take the oath' 'of office (R.S, 1887, sec. 350; I.C.A . 1932, 57-401), and give bond (R.S, 1887, sec, 18281 I.CA . 1932, 30-1515' j. He is further authorized and required, vfhcn necessary to appoint deputies and assistants ( L.T.I . 1864, eh, 8, sec. 1, p. 389; I.C.A . 1932, 30-2607), He is required to draw jury lists ( C.CP, 1881, sec. 87; I.C.A. 1932, 2-S04); to file certificates of the clerk of' the' supreme court on judgments rendered on appeal from the district court and enter same upon the docket (C,C,P. 1881, sec, 661; I.C.A. 1932, 11-221); when controversies have boon subnitto^~TS" arbitration, ■^ ervfeff =Eho facts of ouch oubaiscion on his Rcsiotor of: Actions (C,C,P, 1S31, - 81 - District Court (Next entry 147, p, 82) ego. 877| I«C«A» 1932, 13 -903)1 to issue cxccutior^ on judgments frcn lo'/ror oourt: of the oountg ( C,C.P ,].881^sc.c.- 6l0tL.G^A. 1932. 10-lOllito pay all fees collected into -^ho county tTAO&ury (L.3.I . 1890-9l>5co. 1. p.l74t i:.0.A . 1932i30-270l;; to file jury lists ( C".C.P « 1881, sec. 87, I.C.A, 1952, 2-304:); to file and docket judgments from the lower courts~1^^7^jP, 1881, sec, 609j I>C,A . 1932, 10-1010); to post in his office lists of insurance companies certified to him by the Department of Finance ( L.S.I . 1913, ch. 185, sec. 4, p, 596; I.e. A , 1932, 40-105); not to practice law ( R.S , 1887, sec, 1827; I.C.A . 1932, 30-1514); to maintain his residence at the county seat unless permit- ted by tho county commissioners to reside elsewhere ( R«S , 1887, sec. 1825; I,C.A . 1932, 30-1512); to file stenographic records and reports ( L»S,I, 1890-91, sec. 4, p, 233; I«C.A . 1932, 1-1104); to maintain a file of peace bonds ( Cr. Prac , 1864, ch. 2, sec, 27, p. 216; I.C.A. 1932, 19-214)/ to make a budget estimate for the fiscal yoar ( L.S.I » 1951, ch. 122, sec. 2, p, 210; I.C.A . 1932, 30-1202); to keep office open from 9:00 a.m. to 5:00 p.m. (R.S. 1887, sec. 452; I.C.A. 1932, 57-1007); to attend in person or by deputy, every torn of the district court held in his county ( L.T.I . 1863- 64, sec, 91, p. 425; am, Comp, Laws 1875, sec. 6, p. 791; I,C.A . 1932, 1- 1002); to docket transcripts of judgment dockets from other counties ( L.S.I , 1929, ch. 51, sec, 3, p. 70; I.C.A . 1932, 7-1110); and to perform all other duties required by tlae codes and rules of the court. ( R.S . 1887, sec. 270; I.C.A . 1932, 1-1001), In addition to duties prescribed by the laws of the state, the clerk as an officer of the district court is designated as the authority to whom aliens may declare intention to become citizens ( U,S. Statutes at Large , Washington, D, C, 1907, vol. 34, part 1, ch. 5592, sec. 4, p, 596J, The clerk of the court is the keeper of records. The statutes pre- scribe records to be kept by the clerk as follov/s: -^e must keep a record of petitions and court orders in naturalization cases (i bid. , sec, 9, p, 599); a duplicate of each declaration of intention filed v/ith him- O.bid ,, sec, 12, p, 599); a criminal judgment roll ( L.T.I , 1863-64, ch. 2, sec, 449, p. 294; I,C.A , 1952, 19-2419); a judgment book ( L.T.I , 1863-64, title 5, ch. 8, sec, 204, p. 120; I.C.A . 1932, 7-1105); a civil judgment roll ( L,T.I . 1863-64, title 5, ch. 8, sec. 206, p. 120; I.C.A . 1932, 7-1107); a judgment docket ( L«T,I , 1853-64, title 5, ch, 8, sec, 208, p,121; I.C.A , 1932, 7-1111); a register of civil actions ( L.T.I . 1863-64, title 16, sec, 483, p. 182; I.C.A. 1932, 12-609); criminal courF oaidndor ( L,T.I , 1863- 64, ch, 2, sec, 314, p, 275; I,C.A. 1932, 19-1606); a court docket ( L.T.I. 1863-64, sec, 99, p. 496; no code citations found); minutes of court re- porter ( L.T.I , 1865-66, ch. 45, sees, 3, 4, 6, p, 197; I.C.A . 1932, 1-1104); a fee book ( L.S.I . 1897, sec. 12, p, 70; I.C.A. 1932, 57-1010); abstracts of judgment file ( L.T.I . 1863-64, title 17, ch, 4, sec. 554, p. 197; I.C.A . 1932, 10-1010); transcripts on appeal (L.T.I . 1863-64, title 17, ch, 5, p, 204; I.CA. 1932, 11-304); a file of transcripts of judgment dockets from other counties ( L.S.I . 1929, ch. 51, sec, 3, p. 70; 1,CJ^ , 1932, 7-1110); certified lists of insurance companies (L.S.I . 1913, ch, l85, sec, 4, p, 596; I.C^l. 1932, 40-105); jury lists ( C.C.P . 1881, sec. 87; I.C.A , 1932, 2-304); jury certificates ( R.S . 1887, and R.C. 1908, sec. 6137; I.C.A, 1932, 2-603); coroner's inquest reports ( L.T.I . 1863-64, sec. 140, p. 505; I.C.A. 1932, 19-4406); notary public certificates ( ^.S , 1887, soc. 294; I.CA . iy3 and date file..'-"^'" /v.*"^ ■:■; j!,; :« ■:o i»'".' > .. < - » .!,';•■'(■ 1 • .' fc J (t- , 4 ♦ % • •• •-•--• - 91 - Probate Court (NcTct entry 193, p, 92} The first territorial legislature provided for a county clerk who was to be clerk of the probate court ( L.T.I . 1863-64, sec. 1, p. 591), A reenactment of the Probate Practices Act made the clwrk of the probate court an appointee of the Judge and provided further that the probate judge may act as his ovm clerk (C.C.P. 1881, sec, 34; I.C.A . 1932, 1-1205), Originally, the probate judge v/as required to hold four sessions a year beginning on the fourth Mondays of January, April, July, and October ( L.T.I . 1863-64, title 18, oh, 5, sec. 624, p. 212). The law with regard to the holding of sessions was changed before 1881 as indicated by a codi- fication of the laws in that year, requiring the probate court to remain open for business at all times ( C.C.P . 1881, sec. 33; I.CA . 1932, 1-1204). The general duties of the probate judge are: To perform the duties of magistrate; to hold provate courts; take and certify aclaiowledgments to the execution of instriments in writing and grant certificates to the offi- cial character of the county officers; not to act as an attorney in the probating of any estate nor charge nor accept any fee excepting those pro- vided by law; to perform such other duties as are prescribed by the laws of the state ( R.S . 1887, sec, 1835; I.C.A . 1932, 1-1301), Certain other powers and duties are prescribed by law as follows: He must give bond to the amount of five thousand dollars ( R.S , 1887, sec. 1828; I,C',A. 1932, 30-1515); he has power to acknowledge conveyances of real property, satisfactions of judgment, affidavits, and depositions (C.C. ?. 1881, sec. 66; I,C A -. T932, 1-1903); he must keep his office at the county seat and establish rules and hours for his official business ( R.S , 1887, sec. 1822; I.C.A . 1932, 30-1509); he has gmer to present a personal claim against an estate which is being, probated and compel its payment by court process (L.T.I. 1863-64, ch, 3, sec. 133, p, 351; I,C.A . 1932, 15-606), He has povfer to hear petitions for adoption ( L.T.I , 1878-79, sec. 6, p, 8; R,S , 1887, sec. 2550; reen. R.C . 1908 and C«L . 1918,' sec. 2705; C.S . 1919, sec. 4647; I.C.A . 1932, 31-1106), and to issue orders of adoption ( L.T.I . 1878-79, sec. 7, p, 8,4 R.S . 1887, sec. 2551j reen, R.C. 1908 and C,L . 1918, sec. 2706; C.s , 1919, sec. 4686), The statutes prescribe that the following records be kept by the probate judge or his clerk: Letter testamentary and of administration and bonds ( L.T.I , 1863-54, ch, 3, sec. 72, p. 337; I.C.A , 1932, 15-332); a reg- ister of claims ( L.T.I . 1862-63, ch. 3, sec. 135, p. 352; I.C.A . 1932, 15- 608); guardians' inventory ( L.T.I , 1866-67, ch. 2, sec, 19, p. 33; I,C,A , 1932, 15-1825); record of" letters of guardianship ( L,T.i , 1874-75, sec. 54, p. 318; I.C.A . 1932, 15-1810); civil probate court docket ( C.C.P , 1881, sec. 622; I.C.A , 1932, 10-1301); probate dock.et and minutes ( L.'J.I , 1863- 64, ch. 2, sec. 600, p. 316; I.C.A . 1932, 19-4004); marriage register ( L.S.I , 1907, sec. 9, p. 182; I.C,A .1932, 38-227); register of abstractors ( L,S.I, 1897, sees. 1, 2, p, 92; I.C.A . 1932, 53-106); jijvinile record ( L.S.I , 1905, sec. 2, p. 106; I.C.A . 19S2, 3"1-1302); JuvGnile docket ( l.S.I , 1905, sec. 2, p, 106; I.C.A , 1932, 31-1302); mothers' pension record ( L.S,I , 1913, ch. 73, sec, 8, p. 311; I,C,A« 1932, 50-3008; lav; repealed L.S.I , 1937, ch. 216, sec, 42, p. 390, and record discontinued); record of alcohol permits ( L.S.I , 1915, ch, 11, sec. 6, p. 43; I.CA . 1932, 18-205; repealed L,S.I , 1935, ch. 103, sec, 90, p. 252); dependent child record ( L.S.I ,. 1919, ch. ■Jfil, sec. 3, p. 2.51 J I,C,A. 1932, 31-1203); dependent child docket (L.S.I. ♦ ♦ « » # - 92 - Probate Coui-t - Combined Cases (193) 1919, ch, 161, seo« 3, p, 251} I.C.A, 1932, 31-1203); old age pension record ( L.S-.I « 1931, ch. 16, sec, 2'd, p. 26; I.C,A » 1932, 30-3122j re- pealed L.S»I , 1937, ch, 216, sec. 42, p. 390);' transfer tax record ( L.S,I . 1907, p. 558, s^^c. 19; repealed 1929); applications for financial aid (file) ( L.T.I . 1870-71, sec. 1, p, 39; I.C^A . 1932, 30-2904); Mil record &Rd certificate of proof ( L.T.I , 1863'-64', ch, 3, sec. 24, p. 330; I.C.A . 1932, 15-219); orders and decrees ( l.T.I . 1863-64, ch. 3, sec, 290, p, 384; I.C.A . 1932, 15-1501); fee book, day book and ledger ( L.S.I . 1901, sec, 1, p. 208; I.e. A . 1932, 57-1010), Certain types of records not required by law are kept by the probate judges af some counties and others required by law are not kept. Civil and criminal and estate case filed are found in all counties on account of instruments filed and the necessity for keeping these as part of the court records, A register cf all. papers filed in estate cases is kept in most covmties though no legal requirement has been found for the keeping of this record. The kinds of records kept in the Probate Court of Kootenai County conform closely to those kept by probate judges of other coimtics. There is evidence of some miscellaneous recording covering the earlier dates. ?his is common in many of the older coujitios. The Estate Files (entry 218) usually date back to the organization date of the county. None have been reported from Kootenai County earlier than 1903, The ki cpir^ of estate records during the Cw.riy history oi Kootcnui County was very irregular as is i'^.dicrtcd by the entries. Much -niscollan- eous recordi:-g of a shifting nature occurred, .ihen the tirst Probate prac- tices Act was passed very fcvv' records v;cre required but a comparatively lar~c amount cf recording v;as made necessary in order to carry cut the int.:rt of the lav;. This probably accounts for the confusio^. T-'o prac- tice follov/cd in the various counties differs in some respects yet. Seme counties ki.ci: a separate and complete set of rccorc's for each tv^'c of busi- ness; others record miscellaneously. Combined Cases 193. PROBATE COURT RECORD, 1883 — . 12 vols. Title varies; Probate Court Docket, 1883-86, 1 vol. Record of proceedings relative to estates, guardianships, on-^ 'insanity, 1883-98; and minute record of proceedings in court pertaining to civil and criminal cases, 1899—, Contains O'^ills), 1883-98, entry 202; Letters Testamentary, 1883-98, entry 205; Administrator's and Executor's Record, 1883-86, entry 206; Administrator's Bends, Personal, 1883-98, entry 207; Administrator's Bonds, Surety, 1883-98, entry 208; Inventory and Apprais- ment, 1883-98, entry 212; Guardianship Record, 1883-98, entry 220; Record of Insane Examinations and Commitments, 1883-98, entry 228, Also contains Justice Docket (Criminal Register), 1922-30, entry 234, Arr, chron. No index 1883-1906; for index 1907—, see entry 194, Hdw, and typed, 290- 800 pp, 18 X 13 X 1 - 18 X 13 X 4, Pj, va. • » « » 1 ^ t , \ J» -V . * I'-ai. n-v >;; # ■ v ■ -.JTi: -rrr '^■"f^; - 93 - Probate Court - Feesj Wills and Estates (194-198) 194, II'IDEX TO PROBATE COURT DOCKET, 1907—. 1 vol. Alphabetical index to Probate Court Record, entry 193; by name of estate. Gives date, book and page of record. Also indexes Guardianship Record, 1907-31, entry 220. Hdw, 300 pp. 17 x 12 x 2-|, P^. va. 195, REGISTER OF ACTIONS AND PROBATE REGISTER, 1897-1921, 3 vols. Discontinued in this foria. Minute record of all documents filed in civil and criminal cases in the probate court; and lists of all papers filed in the probating of each estate. Civil cases give designation of case, names of plaintiff, def- endant, and attorneys; type and date of document filed, and amount of fee. Criminal cases give dcsigjiation of case. State of Idaho as plaintiff, name of defendant, names of attorneys, type and date of document filed, and amount of fee. Probate register gives names of deceased and fiduciary; instrument number, and name of each paper filed with date of filing, book and page of record, Arr. chron. Indexed alph. by name of defendant or estate, Hdw, on printed form, 500 pp. 18 x 13 x 2, Pj, va. For subsequent related probate register, see entry 199; for sub- sequent related register of civil actions, sec entry 232; for subsequent related register of criminal actions, sec entry 234^ Fees 196, PROBATE FEE BOOK, 1899--, 8 vols. Record of fees collected by the judge for execution of duties in his off- ice. Gives kind of case, case niAmber, date filed, fees earned, rebate. if any; name of payee, and type of fee, Arr, chron. No index, Hdw, 50-300 pp. 13-|- X 8 X 1 - 16 X ia| x 1. Pj. va, 197, PROBATE COURT DEPOSIT RECORD, 1911-20. 3 vols. Discontinued, Record of fees deposited with probate court in connection with estates and guardianship cases, *^ives name of estate or ward, name of person making deposit, amount deposited, date, and amounts transferred to cash book. Arr. chron. Indexed alph. by name of estate or ward, Hdw, on printed form. 50-100 pp. 16 x 11 x 1 - 16 x 11 x li-, Pj. va. Wills and Estates (See also entry 255) 198, PROBATE COURT JOURl-IALS, 1899—, 33 vols. Record of phe probating and settlement of estates. Contains (Proof of Ylill" entry 200; Wills admitted to Probate Court, 1899-1904, 1918—, entry 201; (Vifills), entry 202; Letters Testamentary, 1899-1906, entry 205; Administra- tor's ^onds. Personal, 1899-1935, entr^r 207; Administrator's Bonds, Surety, 1899-1935, entry 208; (Orders for Publication of Notice to Creditors), entry 209; (Orders Appointing Appraisers), entry 211; Transfer Tax Record, 1899-1907, 1931--, entry 213; (Decrees of Settlement of Final Accounts), entry 214; (Decrees of Final Discharge), entry 215; (Orders for Allowance), entry 216, Also contains Dependent Child Docket, 1899-1922, entry 224; and Record of Insane Examinations and Commitments, 1899-1902, entry 228, Arr, alph, by name of estate. No index, Hdw, and typed. 640 pp. 18 x 13 X 3, Pj, va. For original instruments, see entry 218, -i!,;,;r4... J-?j;;f;?;i ff I .-. "» im »«# <: - 94 - Probate Court - Wills and Estates (199-204) 199, PROBATE REGISTER (Registor of Estates), 1921—. 4 vols. Lists of all papers filed in the probating and settling of each estate which also servos as a guide to probate records. Gives names of de- ceased, fiduciary and attorneys; instrument number, name of each paper filed with date of filing, book and page of record, Arr, chron. Indexed alph, by name of deceased person, H^w, on printed form, 500 pp. 18 x 13 X 2, Pj, va, ^or prior related record, sec entry 195, 200, (PROOF OF WILL), 1899—. In Probate Court Journals, entry 198. Record of certificates issued by the probate court stating the facts connected with the proving of a will. Gives name of deceased, date admitt- ed, date of testator's death, residence at time of death, genuineness of will, names of witnesses, conditions, competency of testator, date of certificate, and signature of probate judge. For original instruments, sec entry 218, 201, WILLS ADMITTED TO PROBATE COURT, 1905-17, 1 vol, 1899-1904, 1918— in Probate Court Journals, entry 198, Record of orders issued by the probate court admitting a mil to probate. Gives name of deceased, name of petitioner, observations of the court on the petition asking that the will be admitted to probate, date and place of death of testator, residence of testator prior to death, genuineness of will, competency of the testator to make a will, formal order of court admitting will to probate, fixing bond if required, date of order, signa- ture of probate judge, number of order, date of filing, book and page of record, and signature of probate clwrk, Arr. chron. Indexed alph, by name of estate, Hdv;, 350 pp. 16 x 11 x l^-. Bsmt, st, va. For original instruments, see entry 218, 202, (WILLS), 1883—, 1883-98 in Probate Court Record, entry 193; 1899— in Probate Court Journals, entry 198, Record of written statements of wishes and intentions of a person as to the disposal or distribution of his property and possessions after his death, designating beneficiaries and their respective shares, and usually naming person or persons to execute the provisions of the will. Gives name and residence of maker, description of possessions, instructions as to disposal of property after death, names of beneficiaries, signatures of maker and witnesses to Virill. For original instruments, see entry 218, 203, TOLLS, 1914—, 1 file box. Copies of v/ills signed by maker and certified to be true and complete copies of the original, filed in the probate court upon the death of make;- heing adjudged iirfcestafe, in the event the original disappeared and has been destroyed. Gives name and residence of maker, description of po- sessions, instructions as to disposal of property after death, names of beneficiaries, signatures of maker and witnesses to mil. No orderly arr. For index, see entry 204, Hdw, on printed form, 10 x 5 x lOg. Pj. va, 204* INDEX TO WILLS NOT PROBATED, 1891—, 1 vol. Alphabetical index to Wills, entry 203; no v/ills 1891-1913 could be lo- cated; by name of testator, C^ves date of will, date drawn, date with- drawn, and date probated,' if probated. Hdw* 60 pp, 18 x 12 x 1-|-, Pj. Ife, ,♦"• *'; ,. -C ^Miy i " •■.".;■;. ■■ a ?'*' ''5'V ,Jvt5?'i,i. ' /.■.-. - 95 « Probate Court - Wills and Estates (205-210) 205, LETTERS TESTAMENTARY, 1903—, 6 vols, 1883-98 in Probate Court Record, entry 193; 1899-1906 in Probate Court Journals, entry 198» Record of letters granted by the court to persons named in wills as execu- tors giving them jurisdiction in the disposal of estates. Gives nanes of court and county, names of deceased and executor, case number, seal of court, signature of clerk, sworn statement and signature of executor, sub- scribed and svforYif signature of clerk, and date recorded, Arr, chron. Indexed alph, by name of estate, Hdw, on printed form, 300 pp, 18 x 13 X 3. Pj, va. For original instruments, soc entry 218, 206, ADfflNISTRATOR'S AI€) EXECUTOR'S RECORD, 1887—, 4 vols, 1883- 86 in Probate Court Record, entry 193, Record of orders issued by probate judge, naming and appointing administra- toTs of estate where deceased died intestate or executors vrere not provided for by vri.ll, *^ives name and residence of deceased, date of admission of estate to probate, name of probate judge, date of appointment, name of administrator or executor, oath and bond of each, and date recorded, Arr, chron. Indexed alph, bjr narae of estate, Hdw, on printed form, 576 pp. 15-|- X llw X 3, Pj, va, For original appointments, oaths, and bonds, see entry 218, 207, ADtIIinSTRATOR»S BOITDS, PERSONAL, 1936—, 1 vol. 1883-98 in Probate Court Record, entry 193; 1899-1935 in Probate Court Journals, entry 198, Record of bonds furnished by the administrator of an estate guaranteeing the performance of his duties under the direction of the law. Gives name of estate, names of sureties, purpose and araount of bond, condition of obligation, date, attest and date recorded, J'arr, chron. No index. Typed on printed form, 640 pp, 18 x 13 x 3, Pj, va. For original instriAments, eee entry 218, 208, ADMINISTRATOR'S BOaTDS, SURETY, 1935—, 1 vol, 1883-98 in Probate Court Record, entry 193; 1899-1935 in Probate Court Journals, entry 198, Record of bonds furnished for adm.inistrators of estates by surety companies through a resident agent. Gives name of administrator, name of esto.te, name of surety company, name of agent, amount of bond conditions of obli- gation, and date recorded. Arr» chron. No index, '^yped on printed form, 640 pp, 18 X 13 X 3, Pj, va. For original instruments, sec entry 218, 209, (ORDERS FOR PU"ELICATIOIj OF NOTICE TO CFtEDITORS), 1899—, In Probate Court Journals, entry 198, Record of orders of the probate court to the administrator of an estate or the executor of a vj'ill directing him to give notice to creditors to pre- sent their claims against the estate vrithin a specified time. Gives name of deceased, method and place of notice, duration of notice, time within which creditors are allowed to present claim vouchers, day of the order, signature of the probate judge, and date redorded. For original instruments, see entry 218, 210, CLAIM RECORD, 1887—. 2 vols. Record of claims filed against estates for debts ovrad by the deceased ••?■>■?■' ,-: ^ C - 96 - Probate Court -Wills and Estates (211-215) before his death and for debts incurred in the probating of the estate* Gives name of estate, date of filing, name of claimant, character of claim, amount of claim, amount allowed, rate of interest, and date allovrod, Arr» ohron. Indexed alph, by name of doccasod. Typed, ISO-SOO pp. 18 x 13 X l-Q- - 18 X 13 X 3, Pj, va. For original instrviments, sco entry 218« 211, (ORDERS APPOINTING APPRAISERS), 1899—. In Probate Court Journals, entry 198, Record of orrlers issued by the probate court appointing persons to fioc the value of property of deceased persons. Gives name of deceased, name of executor or administrator, names of appraijitsrj appointed, date of order, date recorded, and signature of probate judge. For original instruments, see entry 218, 212, IIWENTORY AlfD APPRAISEMENT, 1899—, 9 vols, 1883-98 in - Probate Court Record, entry 193, Reports of appraisers appointed by the court to inventory and estimate the value of all items of real and personal property of deceased and certifica- tion as to correctness of inventory. Gives name of estate, probate judg's certification as to appointment of appraiser, names of appraisers, detailed inventory of property of doccascd, sworn statement of appraisers as to completeness and accuracy of inventory and date of appraiser's report, Arr, chron. Indexed alph, by name of deceased, Hdw, and typed on printed form, 300 pp, 18 x 13 x 3, P j . va. For original instruments, see entry 218, 213, TR/JTSFER TAX RECORD, 1908-30, 3 vols, 1899-1907, 1931— in Probate Court Journals, entry 198, Record of orders issued by the probate court fixing the clear or net value of inheritances and computing the tax. Gives name of deceased, date of death, amount of gross value, appraised value, formal order of court fix- ing market value, net value of inheritances, name of transferee, amount of tax less exemptions, balance taxable, ameimt of tax, rate of interest from date of death, amount of tax vfith interest due the state, and sworn statement of truth signed by judgo, i'o-r, chron. Indexed alph, by namo of estate. Typed, 70 pp, 18 x 13 x 1, Pj, va. For original instruments, see ontry 218, 214, (DECREES OF SETTLEIEITT OF FINAL ACCOUNTS), 1899--. In Probate Court Journals, entry 198, Record of decrees issued by the court approving administrator's or execut- or's record of closing the business of an estate, giving the court's order of approval and discharge of the accountant. Gives namos of deceased, and administrator, date presented for final settlement, receipts and disburse- ments by administrator, and balance; number of decree, signatures of judge and clerk, date of filing, date recorded. For original instruments, see entry 218, 215, (DECREES OF FINjVL DISCHARGE), 1899—, In Probate Court Journals, entry 198, Record of judicial orders by the probate judge, upon final settlement of an estate, discharging the administrator and his sureties from further responsibility and obligation. Gives naracs of deceased, and administrator, statement of facts by judge, date and number of decree, i^lgnature of judge. 'iX' i - 97 - Probate Court - Guardianship (216-221) and date of recording. For original instruments, see entry 218, 216, (ORDERS FOR ALLOIVANCE), 1893—, In Probfite Court Journal, entry 198, Record of orders from the probate judge allowing payi-ent of claiias against estates of deceased or incompetent pers-ons- ^ive^ name of estate, name of claimant, nature of claim, amount of claim, amount allo^ved, and date paid. For original instruments, see entry 218, 217, TRUST I'ATTERS, 1933—, 1 vol. Record of amounts deposited in connection vrith estates, Gives name of estate and amount deposited, Arr, chron. Indexed alph. by name of estatci Hdw, 136 pp. 11 X 9 X 1. Pj, va, 218, ESTATE FILES. 1903—, 170 filb boxiss. Folders containing papers pertaining to the prob£''':ion and settlement of wills and estates as certificates of j.roof of vri.ll, orders admitting will to probate, wills., lottery testamentary, appointriunts of admiaistrators, oaths and bonds of administrators, avpointnonts of executors, oaths and bonds of exocutors; admiMistrators bends - r.orso.a: 1, administrator's bonds - surety, oi'ders for pubxioation of notice *:o crec'itors, claims against estates, orders appointing appraisers, inventory and appraisement, trans- fer tax orders, decrees of settlement of final accounts, decrees of final discharge, orders for allo".ra,nce, Arr. num. by inabr, no. No index, Hdw, on printed form. 11 x 5 x 14, Pj, va. For estate recordings, see entries 198, 200-202, 205-216, 219, THE ESTATE OF JOHW EGELSTEN, 1887-88, 1 bundle. Papers in connection with the probating of a private estate such as receipts for claims paid by the state administrator, and petition for order of sale of estate property in order to pay claim. No orderly arr. No index, Hdw, on printed form., 8x4x2, Pj, vr.» Guardianship 220, GUAPDIANSHIP RECORD, 1899—. 2 vols, 1883-98 in Probate Court Record, entry 193« Record of all proceedings pertaining to guardianship or adoption of minor heirs to estates, dependent orphans, and insane persons. Gives no.mcs and rosidonccs of ward and guardian, date of appointment of guardian, names and residences of bondsmen, date and ojnount of bond, valuation of o?tate, obligation of bonded persons, and date of guardio.n's discharge, if caso is closed, Arr, chron. No index 1899-1906; for index 1907-31, sco entry 194; for index 1931—, see entry 221, Hdw,, hdw, and typed on printed form, 640 pp, 18 x 13 x 3, Pj, va. For original instruments, see entries 222, 223« 221, GUARDIANSHIP Il-DEX, 1931— * 1 vol. Alphabetical index to Gucrdianship Record; by name of ward. Gives nar.ic of guardian, bool: and page of record, Hdw, 125 pp. 10 x 8 x 3/4-, Pj« va. ~ 98 - Probate Cotirt - Guardianship (222-228) 222, GUARDIANSHIP FILES, 1902—. 38 filo boxes, 1 file drawer. Folders containing papers pertaining to guardianship ca^os as petitions for appointment of guardian, letters of guardianship, bond of gucrdjcn, orders authorizing settlement, orders for salo of personal property, guardians annual inventory and account, and discliargc of guardian. Arr« alph. by name of v/ard. No index. Hdw» on printed foraii. File boxes, 4- x 4-g- X 13 - 10 X 5 X 14i file drawer, 11 x 17 x 26. Pj. va. For guardianship recordings, sec entry 220. 223, ADOPTIONS, 1909—, 8 file boxes. Folders containing paperc pertaining to adoptions filed by persons wishing to adopt children as orders of adoption, petitionc for adoption, agree- ments for adoption, Arr, alph. by name of child. No index, Hdw, on printed form, 4^- x 5 x 10. Pj. va. For rocordinrs of adoptions, see entry 220, 224, DEPENDENT CFlLD D0C!ras sufficiently localized. But scattered - 105 - Justice of the Peace (Next entry 256, p. 108) population and unsatisfactory moans of transportation made the still further localization of the lav; enforcement and administration f\mction necessary. The result was the creation of the justice court, the office of justice of the peace and companion office of constable* The justice courts as part of the judicial system were provided for by the Organic Act creating the territory of Idaho ( Q«A » 1863, scc» 9), and also by the constitution v;hcn the territory became a state in 1890 ( Const, of Ida * 1890, art, 5, sec, 2), The Organic Act prescribed that the justice courts should have jurisdiction as fixed by law but denied them jurisdiction in cas- es where the amount in controversy exceeded one hundred dollars and in cases where the title for boundaries of land wore involved ( O.A , 1863, sec, 9). Practically the same provisions vrith. rospcct to the jurisdiction of justice courts were embodied in the constitution v/ith the principal exception that the limitation on the value of property or the amount in controversy was fixed at throe hundred dollars instead of one hundred dollars ( Const, of Ida , 1890, art, 5, soc. 22), The first territorial legislature onactod a law extending the civil jurisdiction of tho justice courts to a wide assortment of cases in which the amount in controversy did not oxcced one hundred dollars or in v/hich the title or boundaries of land v/cro not in dispute. The law on the statute books at the present time is substantially the same vri.th the exception that the upper limit of the amount in controversy has been fixed at three hundred dollars in keeping vri.th the provisions of the constitution instead of one hundred dollars as prescribed by the Organic Act, Tho law nov; in force gives civil jurisdiction to tho justice courts in the follovri-ng cases provided that the amount involved does not exceed three hundred dollars: In actions on contract for the recovery of money; in actions for damage to person or for taking or detaining personal property, or for injury to personal property, or injury to real property when the title or possession is not an issuef in actions for a fine or penalty or forfeiture given hy statute or city ordin- ance; in an action upon a bond or undertaking; in actions to recover the possession of personal propertyi and finally the justice courts have povrar to enter a judgment by confession ( L.T,I « 1863-64, title 18, ch, 5, sec, 633, p, 214; I.C.A , 1932, 1-1403), Neither the Organic Act nor the constitution restricted the freedom of the legislature in fixing the jurisdiction, of justice courts, in criminal actions. The law on the statute books at present is practically the same as that enacted in 1863, '^he justice courts have' criminal jurisdiction: In cases of petit larceny; assault and battery not committed upon a public offi- cer in the discharge of his duties; in oases of breaches of the peace; riots, affrays, committing a willful injury to property suid all misdemeanors punish- able by fine not in excess of three hundred dollars or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment ( L«T.I , 1863-64, title 18, ch, 5, sec, 635, p, 214; I,C,A . 1932, 1-1406), The first territorial legislature of Idaho provided for the election of two justices of the peace in each election precinct and assigned to them the ex officio duties of coroners ( L.T.I . 1863-64, sec, 1, p, 591), The term of office was fixed at tvro years and until their successors viere elected and qualified, 1/Yhenever a vacancy occurred in the office, the probate judge might order a special election to fill the vacancy. The bond was fixed at three thousand dollars, (Ibid,, soc, 164, p, 509,) The justices wero relieved of - 106 - Justice of the Peace '"• (Nest entry 256, p. 108) the ex officio duties of coroner in 1866 when the legislature enacted a law creating the office of coroner for each covinty ( L.T.I » 1865-66, ch, 27, p. 164; I.C«A . 1932, 33-202), No provision v/as made for anyone to act as coro- ner, in case of the inability of the coroner to act, until 1875. In that year, the legislature enacted a ln.tr requiring the justices of the peace tv act as coroners when called upon to do so j[ Comp« Lavrs 1875, sec. 20, p» 569; I,C.A . 1932, 30-2305), The constitution is ambiguous on the matter providing for justices of the peace. Article 5 section 2 provides that "there shall be elected justices of the peace as prescribed by lav;". Article 18 section 6 provides that "the legislature by general and unifom laws shall provide for such tovmship, precinct, and municipal officers as public convenience may require and shall prescribe their duties and fix their terms of office". In view of the fact that the justice courts have constitutional standing, it is reasonable to presume th^at the officers of these courts also have a similar constitutional status. The first state legislature provided for t}ie election of two justices of the peace to be elected in each justice precinct., except vrards in in- corporated cities (U'.qI, 1890-91, sec. '.1, p« 57; I..::^A« 1932, 33-207), The chief difference bet.TCen this law and t!ie law enacted in 1864 (supra) was that the election should be in justice precincts rather than in election precincts but failed specifically to authorize the creation of justice pre- cincts as distinguished from election precincts ujitil 1931, The county commi- Gsioncrs had had the authority to create justice precincts by an act passed in 1875 ( Com p. Laws 1875, sec. 19, p. 526), but changed in wording by reenact- ment of the law creating the board of commissioners in 1887 (R.S , 1SG7, sec, 1759), The new law provided that the comiais si oners should have p07/er "to divide the county into -^recincts, school, road and other districts required by law, change the same and create others as conven'ence requires". Justice precincts were never required by law to be created, nsr was the power speci- fically granted to tlie commissioners to create justirj precincts after 1887 until 1931, In the meantime (1903) the supreme court by judicial decision recognized the right of the board to create justice precincts as a right acquired by implication. If no justice precinct vra.s created provision for the election of justices of the peace in election precincts vra-s tantamount to fixing the election precinct as a justice precinct, (State ex. re, Griffith v, Vineyurd, 9 I daho 134,) The -natter was not satisfactorily set- tled tmtil 1931 when the legislature enacted a law giving the county commiss- ioners the power to create among other precincts and districts, jvistice and constable precincts which could lawful;^-'- contain more than one election pre- cinct ( L.S.I , 1931, ch. 51, p. 85; I.C.A. 1932, 30-703). The degree to which the county commissioners of the various counties made such divisions of the county prior to 1931 is not easily discernible. As vras mentioned above the importance of the justices of the peace has declined since 1863, The crea- tion of more counties and the advent of bettor roads Cuid better means of conveyance brought the once scattered population closer to a county seat and a probate court which hai all the jurisdiction enjoyed by the justice courts with few if any exceptions. The same reason that caused the decline in the importance of the office of justice of the peace, ntu^ioiy mor-j densely pop- ulated areas and easier access to the county seat, caused the necessity for more election precincts. The election of t^^o justices for each election pre- cinct, now greatly increased in number, Tt'as manifestly mxnecessar^'. At pre- Eont tliL'ie are eij^ht justices in KOv^ieuai uo^.vj. - 107 - Justice of the Peace (Next entry 256, p, 108) The justice courts are a carry-over from yester-years and now, with few exceptions, could be dispensed with in most of the counties, and in all the county seats. The office of justice of the peace is one of the tvro surviving offices that still operate exclusively on a fee basis; the constable's office is the other. There are approximately twenty-five separatd services for which the justice of the peace is allovred to charge fees of varying amounts ( L«S»I« 1935, ch, 153, p, 370), Those fees constitute his income and need not be ro- portcd to any supervisory body. All fines and forfoituros colloctcd by tho justices must bo reported to the proper authority and accounted for, Tho duties of tho office rarely occupy the entire time of the officers and the foes allowed are not sufficient to maintain thom» So far as can bo learned, thoir books are seldxnm audited. The qualifications for justices of tho peace are the same as for county officers. They must be electors of tho state and county ( L«S,I « 1890-91, sec. 5, p. 57; I.C.A . 1932, 57-101), The justices of the peace have various expressed and implied powers and duties, each expressed power implying a duty and vice versa. They have ex- pressed power: To take acknowledgments ( L.T.I . 1863-64, sec. 4, p» 528; I.C.A. 1932, 54-702); to act as coroner in their respective precincts if the office is vacant or ho is absent or unable to attend to his duties ( L.T.I . 1874V75, sec, 19, p, 566; I,C.A « 1932, 30-2305); to act as police judge in cities of the second class when the office is vacant or tho police judge incapacitated ( L,S.I . 1893, sec. 37, p. 97; I.C.A ^ 1932, 49-348); to act as brand inspectors in case of a vacancy in the office ( L»S.I, 1905, sec, 5, p, 369; I.C.A , 1932, 24-1205); to hoar sheep trespass cases ( Comp, Laws 1875, sec. 2, p. 110; I.C.A . 1932, 24-802); to solemnize marriages ( L.T.I . 1863-64, sec, 4, p. 613; I.C.A. 1932, 31-303); to administer oaths ( R.S. 1887, sec. 1824; I.C. A. 1932, 30-1511); to act as local registrar of vital statistics when appointed by the State Department of Public Welfare ( L.S.I . 1911, ch, 191, sec. 4, p. 634; I,C,A , 1932, 38-203); to appoint special constables whon no qualified constables re- side in the precinct or is absent therefrom ( L.S.I . 1907, sec, 1, p, 158; I,C»A , 1932, 30-2510); to act as magistrate ( L,T.I , 1863-64, ch, 2, sec. 101, p. 248; I,C,A , 1932, 19-503). They have expressed duties as follows; They are required to furnish bond to the county in the sum of not less than five hiondrod nor m6rc than one thousand dollars (RqS. 1887, sec, 1828; I.C.A. 1932, 30-1515); to deli- ver to the treasurer, money found on dead bodice when acting as coroner ( L,T,I . 1863-64, sec, 145, p, 506; I t.C .A. 1932, 30-1616); to make reports to the comraissicncrs wh.cn required to do so (R.So 1857, sec. 1759; I.C.A. 1932, 30-702); to account for cjid turn over alT" fines and forfeitures to the proper authority (Ru.-% ] S37, sec, 69^8; l^Crko 1932, 17-3204); to make an abstract of judgiincjir'?' v.pon demand of iudV^ionc creditor ( C,C,P « 18S1, sec, 608; I.C.A . i!-:3<:. iO-lOlO): to file a oo'tif^o.-". copy of their m'\rr'ase reg- ister v;ith thr rcoordcr (US^IaigOY,, soc 12^ }i« 182; I ,C,A o l?-':.2. 3G-228); to transmit ur 1 papers and r,-" Tscript of thoir djckct v/hen cases are appeal- ed to the di3',ri-.-*: court ( J.r„ ,Fo 1881, sec. 60.'? loCA, 1932, ll~o04); to turn over all records to their 'suce-s-sors in off :.co' '(^^ TCP , 1861, sec, 6245 I,C.A . 1932, 10-1304), The records required to be kept by tho justices of the peace are as follows: A docket in which all information concerning a case muct be kept ( L.T.I , 1863-64, title 17, ch. 5, sec, 559, p. 200; I.C.A. 1932, 10-1301); - 108 ^ Justice of the Peace « Justice Docket; (256-259) Criminal Cases; Civil Cases an index to the docket ( L.T.I . 1863-64, title 17, ch, 5, sec. 561, p. 200; I.C«A « 1932, 10-1303); a separate docket for small claims cases (L.S.I. 1923, ch, 177, sec, 14, p. 276; I.C.A . 1932, 1-1514); a marriage register" "(L.S.I. 1907, sec. 9, p. 182; I.C.A . 1932, 38-228), Only the records in Cocur d'Alcne, the county scat vrorc inventoried. One other precinct recorded (entry 260 ) was found in the probate judge's office. Most of those at the county scat arc of comparatively recent dates; no earlier records vroro reported. There are usually files of civil and crim- inal cases found in Justices' offices. None have been reported. aa being kept in . Kootenai County. Justice Docket 256. JUSTICE DOCKET, 1927—. 7 vols. Prior records could not be found. Abstract record of 11 cases heard in justice court. Gives date, name of presiding justice of the peace, title of action, cause of action, names of plaintiff and defendant, plea of defendant, judgment rendered, costs, and fees, /o-r, chron. No index. Hdw. on printed form. J.OO pp. 18 x 13 x 3/4. Justice Eugene Best's off,, 900 Montana Ave. criminal Cases (Sec also entries 17e»18Q, 234-237, 266-268) 257, CRIMINAL DOCKET, 1923-24, 1 vol. Discontinued, Record of motor vehicle violations heard in justice court in Cocur d'Alcne Precinct, "^ivcs name of defendant, statement of charge, brief outline of hearing, amount of fine, and court costs. Arr, chron. Indexed alph, by name of defendant, Kdv;, on printed form, 156 pp, 16 x 11 x ^-, Bsmt, st. va , Civil Cases (See also entries 152-169, 232, 233) 258, CASE FILES, SMALL CLAIMS COURT,- 1927—, 4 file drairors. All data in connection with'sxall claims cases in jtistico court, Gives name of justice court and precinct, name and residence of both plaintiff and de- fendant, plaintiff's statement under oath as to nature, amount and hov: defen- dant became indebtod, notice to defendant, return sig?icd by authorized officer and date, and a list of fees and costs in the case, Arr, num. by case nos. For index, see entry 259. Hdv;, on printed form. 12 x 30 x 24, Justice Eugene Best's off., 900 Montana Ave, 259, (INDEX TO CASE FILES, SlUiLL CUiIMS COURT), 1927—, 2 vols. Alphabetical index to Case Files, Small Claims Court, entry 258; one volxmc direct by name of plaintiff and one volume indirect by name of defendant. Gives nnjiic, date of filing:, amount of debt, date due, case number. Hdw. .300 pp. 15 X 12 X ?2sm Ju^ticrv Eugene Post's off., 900 Montana Ave. - 109 - Justice of the Pcaco ■• Fees; Marriages; (260i»2'il) Sheriff Fees 260, ELK MOimi'iTIN PRECINCT JUSTICE COURT (Fee Book), 1896-97, 1 vol. Discontinued, Itemized accounting of bills of cost in court cases including fees for ont«» ering complaint, issuing vra.rrant, holding court; constable's fees for making arrests, mileage charges cjid total costs, Arr, chron. No index, Hdw, 149 pp. 14 X 9 X 1, Pj, va. Marriages (See also entries 112-115, 247, 248) 261. VilJiRlAGE REGISTER, 1927—, 6 vols. Record of marriages performed by the justice of the peace. Gives names and addressed of contracting parties, ages, marital status, race, and date of marriage, Arr, chron. No index, Ed\fp- S6 pp. 14 x 8 z f.. Justice Eugene Best's off,, 900 Montana Ave, VII, SHERIFF The function of law enforcement and maintenance of peace has long been one of the most important. The importance of this as a local function and the sheriff as a local officer is noteworthy, VJhon Idaho became an organized territory in 1863, there were but five comities including the county of Missoula, Four counties embraced the whole of v/hat is ncr/j- the state of Idaho and in addition some of Wyoming and Montana, ■'•t wr.s the duty of four sher- iffs -"Arith their deputies and the constables to enforce the lav/s of the terri- tory. The early history of Idaho is replete vri.th acts of lavirlessncss and the inability of sheriffs to cope vri.th the situation, Vigilance committees composed of citizens were organized throughout most of Idaho Territory, These coinmittees while acting outside of the law were important as law enforce ment groups. The wide expanse of territory invited lawlessness because of the impossibility of sheriffs, deputy sheriffs and the various constables coping with the situation; a fact v^hich in turn made escape easy* The vigilance committees became a necessity and cannot justly be forgotten when the functionaries of early day law cnfi)rccmont arc under consideration. As more counties vrorc created and more law enforcement officers added, the area over which each set of officers were compelled to conserve the peace, became ever smaller, enforcement of law became easier and law enforcement officers operated more efficiently. The important office of sheriff was among the earliest offices created in 1864(L.T,I. 1863-64, sec, 1, p. 591), Since that time the sheriff ^as al- T/uys been 'fho"* principal .law enf prpcn-ut. officor, V/hc:n the obnstitution v;as put in itd final form before submission to the people, it was provided that no sheriff would be eligible to hold a term of office immediately succeeding the one for which he was elected, ( Const, Con, Pro , 1889, vol 2, p, 1827; in re». Const, of Ida , 1890, act, 18"J sec, 6,) the idea v;as copied from the practice in Montana where it vra.s considered to have v;orked well, "^he inhibit- ion remained in the constitution until 1910 when it was removed by the adopt- ion of the eleventh amendment ( L,S.I . 1913, p, 671; in re,. Const, of Ida , 1890, art. 18, sec. 6), - 110 - Sheriff (Next entry 262, p. 111) The office of sheriff is a constitutional two year office. The qualifi- cations of the sheriff are the same as for all other coionty officers; he must be a qualified elector ( L.S.I . 1890-91, sec. 5, p. 57j I«C,A . 1932, 57-101.) T/i/hen the office of sheriff was created in 1864 (supra) the sheriff vra.s assigned the duties of tax collector (cf, essay on treasurer as ox officio tax collector). Between the dates 1864 and 1880 he was tax collector of all taxes part of the time and some taxes all of tho time. During thir period the assessor collected some personal taxes and the district attorney collected delinquent taxes part of tho time. ^ law was approved in 1881 making the as- sessor ex officio tax collector ( L.T,I , 1880-81, p. 235) thereby relieving tho sheriff of this responsibility. The importance of the sheriff as an officer is easily recognized from tho number and variety of duties which he was called upon to perform. The first territorial and later legislature gave him power and made it his duty to take the oath of office (R,S. 1887, sec. 350j I.C.A , 1932, 57-401) and to give bond ( R.S , 1887, sec, iF^; I.C.A , 1932, 30-1515 j. Ho has the power and it is his duty to preserve tho peace; to make arrests; to prevent and suppress all affrays, riots or brooches of the peace; to execute the processes* warrants, and orders of the courts of Justice; to attend in person or by deputy all courts except justice and probate courts and oVey their lawful orders and directions; to serve at tho request of a party to an action all papers and notices therein; to deputize lay persons to assisbhim as deputies when necessary; to appoint under sheriffs ( L.T.I . 1863-64, sees. 1-5, 14 pp, 476-78; I«C,A, 1932, 30-1702); to make application to the governor to send out tho militia to restore order ( L.T.I . 1863-64, ch. 2; Cr, Prac ,, sec, 37, p. 238; I,C.A, 1932, 19-223); to immediately sell attached periskable pro- perty ( CCP. 1881, sec, 328; I.C.A . 1932, 6-525); to provide prisoners with necessary food, clothing and bedding ( L.T. I. 1863-64, sec, 30, p. 475; I.CA . 1932, 20-615); to convey children to the Industrial Training School ( L.S.I . 1903, sec. 32, p, 12; I,C.A » 1932, 32-3103); to discharge persons committed to jail on civil arrest if the person ordering the arrest does not advance money for their keep (C,C.P. 1881, sec. 79d; I,C,A . 1932, 6-212); to be liable for the escape of a defendant under civil arrest ( L.T,I » 1863-64, sec. 33, p. 481; I,C.A « 1932, 6-124); to return personal property claimed on affidavit by plaintiffs and wrongfully held by others ( C.C.P , 1881, sec, 299; I.C.A. 1932, 6-303); to collect debts and credits in attachment proceed- ings ( C.C.P , 1881, sec. 328; I.CA. 1932, 6-525); to act as court crier ( L.T.I . 1863-64, sec, 50, p. 483; I.C.A . 1932, 30-1715); to give notice of intent- ion to apply for a deputy or assistant ( L.S,I « 1899, sec, 4, p, 405; I,C.A , 1932, 30-2607); to give notice of e strays taken up, advertise and sell the same if not claimed ( L.S.I . 1905, sec. la, p. 366; I .CA , 1932, 24-2002); to act as ex officio fire vira-rden of forest areas when there is a vacancy in the office of fire warden ( L,S.I . 1925, eh, 160# soc, 2, p, 267; I,C,A . 1932, 37-105); to have the custody of patients committed to the Idaho State School and Colony - institution for feeble minded - until turned over to authorities of the institution ( L.S.I , 1911, ch, 41, soc, 41, p. 95; I.C.A . 1932, 64- 510); to have custody of insane persons pending conveyance to asylum ( R,S , 1887, sec. 777; _I.CjjA. 1932, 64-210); to employ jail guards ( L.T,I , 1863-64, sec, 29, p. 480; r,C.A. 1932, 20-514); to demand pay for keep of prisoners (L.T,I , 1863-64, sec, 31, p, 596; I,C,A . 1932, 20-S16); not have a law partner ( L.T.I . 1863-64, sec, 51, p, 483; I.C.A . 1932, 30-lbl4); to pay over all money collected by him for others (L .T.I . 1863-64, sec, 9, p. 475; I.CA , 1932, 30-1707); to faoop his office "open at the county seat from 9:00 a.m. to > ^ . ■ 1- % J I W - Ill - Sheriff - Process Docket; Day Book and Ledger (262~263) 5:00 p.m. oxcopt holidays (L.T.I. 1863-64, sec. 11, p. 478 j I.C.A . 1932, 30-1509); to investigate reports made by paroled prisoners and report parole violations to the penitentiary warden ( L.S.I . 1907, sec. 2, p. 537; I.C.A . 1932, 19-3815); to prove "by certificate that he has made service of complaint and summons ( C.C.P . 1881, sec, 224} I.C.A . 1932, 5-511); to certify to the court the name s of persons resisting arrest ( L»T.I « 1863-64, ch, 2j C r. Prac. sec, 35, p. 237 1 I,C.A . 1932, 19-222); to certify lists of prisoners to clerk of board of coujity commissioners before and after each term of the district court ( L.T.I . 1863-64, sec. 8, p. 596; I.C.A , 1932, 20-623); to keep a record of stolen cars and to send to commissioner of law enforcement a copy of such record ( L.S.I . 1921, ch. 254, sec. 1, p. 547; I.C.A . 1932, 30-1702); to summon jurors~ Tc7c'.P . 1881, sec, 97; I.C.A . 1932, 2-409); to account for all fees collected and report them quarterly to the commissioners ( L.S.I . 1899, sec, 1, p. 405; I,C.A . 1932, 30-2601); and to turn over all property and papers to his successor ( L.T.I , 1863-64, sec. 37, p» 475; I.C.A . 1932, 30-1723). Sheriffs are required to keep the following records: A fee book ( L»S,I. 1897, sec. 12, p. 70; loC.A . 1932, 57-1010); reports received from paroled prisoners ( L.S.I . 1907", sec. 2, p. 537; I.C.A . 1932, 19-3815); record of stolen cars ( L.S.I . 1921, sec, 1, p. 547; I,C.A . 1932, 30-1702); record of prisoners ( L.T.I . 1863-64, sec, 6, p, 596; I,C,A . 1932, 20-623); copies of brand inspection certificates ( L.S.I , 1905, sec. 1, p, 369; I.C.A . 1932, 24-1201^, The sheriff usually keeps a pocket size day book and a ledger or fee record. In addition to these, there are usually £ound in the sheriff's of- fice, files of duplicate certificates of sale, duplicate warrants of arrest, summons, subpoenas and other papers issued by the courts, a finger print file, a file for the reports of the Federal Bureau of Investigation and sometimes a record of executions and sale of property. The sheriff's records in Kootenai County arc those usually kept. The Sheriff's Day Book and Ledger (entry 263) has been discontinued and a record of fees collected, kept in the Sheriff's Docket (entry 262), Tho License Register (entry 269) is really a tax collector's record rather than a sheri- ff's record but in many of tho counties, particularly in the northern part of the state, the sheriff instead of the tax collector sells the licenses. Process Docket 262, SHERIFF'S DOCKET, 1891—, 13 vols, (1-13), Abstract record of all papers served by the sheriff. Gives names of plain- tiff and defendant, nature of action, list of various papers served, on v/hom served, and fee charged in each case, Arr, chron. No index. Hdw, on printed form, 612 pp. 16 x 14 x 3, Sh. off, va. Day Book and Lodger 263, SHERIFF'S DAY BOOK LW lEDGER, 1901-13, 1 vol. Discontinued. Sheriff's daily record which he carries with him on field trips for the purpose of itemizing papers served, and fees collected, Gives date, name of plaintiff, defendant, and attorneys; nature of paper served, date, hour, and .-^ •( » !■■ ■- - "i.*:. - 112 - Sheriff ■• Reports j Criminal Cases; Licenses (264-269) minute of serving; and fee charged* Arr, chron. ^o index. Edw, 480 pp. 18 X 16 X 2-|, Sh, off. va. Reports (Sec also ehtries 32-34, 530, 352-356, 410-416) 264, QUARTERLY FINMCIAL REPORT, 1937—. 1 folder. ■Duplicate itemized statements of sorviccs, fees and disbursements of the sheriff, as reported to the commissioners and auditor each quarter year. Gives date, amount at beginning of period, source of collection, amount collected, and amoimt disbursed, lie orderly arr. No index. Edvu on pri- nted form. 10 X 16 X ;|-, Sh, off. 265, AMU;vL FIW/jrciAL REPORTS, 1934—, 1 folder. Duplicates of statements made by the sheriff to the coiTunis si oners and aud- itor concerning fees and disbursements in connection with his official duties during the year. Gives date of each service rendered, fee charged, and dis- bursement in connection with such servicop if any; amoimts spent for food for prisoners, and other expenses connected with the Jailj total fees and disbursements. Arr. chron. No index, Hdw, en pointed form, 16 x 10 x 4« Sh, Offo Criminal Cases (See also entries 170-180, 234»237, 257) 266, RECORD OF PRIS0I\1ERS, 1890—, 4 vols. Record of all prisoners confined in Kootenai County jail coming under the jurisdiction of the sheriff. Gives prisoner's number, name, height, weight, age, color of hair, eyes and complection; special markings by which prisoner might be recognized, date conimitted, by vrhat authority, nature of offense, length of term, date of leaving, if escaped or diasharged, by what authority discharged, Arr, chron. Indexed alph, by name of prisoner, Hdw, ' 115 pp, 16 X 14 X 1-|-, Sh, off, va, 267, ROGUES GALLERY, 1899-1911, 1 vol. Discontinued. Printed notices of revra.rds offered for the 'apprehension of criminals. Gives description of person vjanted, crime comiiittea, Bertillon measvirements, and picture of criminal. No orderly arr. llo index. Pasted in scrap-book fashion. 400 pp. 18 x 13 x 3, Bsmt, st, va. 268, STOLEN AUTO RECORD, 1937. 1 file box. Card file of stolen automobiles as reported to the sheriff. Gives name of owner, date stolen, hour reported, description and make of car, license and engine number, and toy whom reported. Arr. alph. by name of ovmer. No index, Hdv/, on printed form, 3-|- x 4 x 6, Sh, off. Licenses (Cee also entries 19, 20, 362), 269, LICENSE REGISTER, 1891—, 3 vols. Sheriff's record of licenses issued for certain types of business, and places of amusement. Gives license number, class number, date of issue, to whom issued, address of licensed person, occupation, duration of license, and amoxmt of fee, Arr, chron. No index, Hdw, 215 pp, IS x 14 x 3 - 18 x 13 X 2-|-, Sh, off,, in cab. 1* - 113 - Constable (Next entry 270, p. 116) VIII, CONSTABLE The office of constable and the office of justice of the peace are companion offices (cf, essay on justice of the peace, pagel04)« Both are precinct offices created by the first territorial legislature ( L,T.I . 1G63- 64, sec, 1, p, 591), Two constables with the tvj-o justices of the peace in each election precinct were provided for by the act, ^Nhen provision vras made for these offices by the first state legislature the number of consta- bles was reduced to one in each justice precinct, to be elected by voters of precinct every two years (L,S,I , 1890-91, sec, 11, p, 59j I,C,A , 1932, 33-207), However, the justices of the peace are constitutional officers ( Const, of Ida , 1890, art, 5, sec, 22), Constables have no constitutional standing, '. At present there are four constables in Kootenai County, Constables are law enforcement functionaries and are generally classed v/ith sheriffs, the principal officers performing this function. The office of constable like that of justice of the peace is relatively less important than when the office was first provided for in 1864, "ho only compensation for services is the fee collected for each individual service. Of such services there are approximately eight different kinds. The fee allowed for each type of service varies with the sorvico performed ( L,T»I , 1875, sec. 34, p. 566; 1,0. A , 1932, 30-2710), It was provided by the first territorial legislature that if the powers and duties of constables were not defined by law, they should be the same as those prescribed for sheriffs ( L.T.I . 1863-64, sec, 155, p, 507), Their qualifications vrerc the same as other officers j they nust be electors in the county and precinct » In gnnoral, the constables Brrc designated as conservators of the peace in their respective precincts ( l.T.I , 1833-64, sec, ICO, p, 508; I»C«A, 1932, 30-2508), They are required: To attend the courts of justices of the peace in their precinct when called upon to do soj to serve and return all pro- cesses and notices directed or delivered to them by a justice of the peace of the county or other competent authority ( L.Tq I, 1863-64, sec, 155, p. 507; I.C.A . 1932, 30-2502); in the execution of process where there arc no specif io laws to govern, they are governed by laws relating to sheriffs (L«T,I, 1863- 64, sec, 155, p. 507; I.C.A . 1932, 30-2503); to furnish bond of not less than five hundred dollars nor more than one thousand dollars (R.S, 1887, sec. 1828; I.C.A . 1932, 30-1515); to refrain from practicing lav/ ( L.TTT , 1863-64, sec, 162, p. 508; I.C.A . 1932, 30-1514), More specific duties required ty lavr arc: Thcyj, or someone appointed by the judges of election, are required: To bo in attendance at the polling places ( L.S.I . 1890-91, sec. 85, p. 57; I.C. A. 1932, 33-908); to act as brand inspector in case of vacancy in the office (LrS...I. 1905, sec, 5, p, 369; I.C.A . 1932, 24-1205); to take possession and~a'in"~igc for sale of mort- gaged chattels when called upon to do so (l,T,I, 1804-85, sdc. 7, p. 74; I,C.A . 1952, 44-1010); to appoint deputies in case of riots or in making arrests ( L.T.I . 1368-69, ch, 26, sec. 1, p. 123; I.C.A . 1932, 50-2509); to enforce, vj-ith other enforcement officers, lavrs pertaining to the operation -of ti-'i.v..lT.ii.fr_ ooi-ij.i.i.als^ia til.' -o-bito (L,S,I, 1921,. oli. .142, soo, ?•, p. 350; • V - 114 - Coroner ■ (Next entry 270, p, 116) I.e. A . 1932, 17-2203); to take up estray animals ( L.S.I * 1905, sec. 1, p. 366; I,C.A » 1932, 24-2001); to give notice and arrange for sale of unclaimed estrayi ~L7S.I . 1905, sec, lA, p. 366;' I .C. A. 1932, 24-2002); to act as ex officio game wardens in their respective jurisdictions vAen appointed by the state game warden ( L.S.I . 1899, sec, 29, p. 428; I.C.A . 1932, 35-112); to refrain from purchasing judgments on docket of justice of the peace ( L.T.I . 1863-64, sec. 114, p. 462; I.C.A . 1932, 17-706). Constables are nc"fc required to keep any records. None have been re- ported from the field. IX, COROIffiR The duties of a county coroner, or anyone acting as coroner in an ex officio capacity, have been important since the beginning of Idaho territorial history as such and even v;hile the territory was still a part of the Washing- ton Territory. The first session of the Washington territorial legislature which was convened in 1854 made provision for a county coroner to be elected every two years (L.T.VJ, 1854, p. 435), No check has been made farther back in northwest territorial history than 1854. The duties of a coroner are those of a law enforcement officer and the function has been classified as a part of the larger function of law enforce- ment. The coroner lias other duties with respect to the burial or disposal of persons in conjicction vdth Yrhoso death an inquest is held but these are mostly incidental and cannot be classified under any particular function. Under some conditions, listed belov;-, the coroners have ex officio duties as sheriffs and to this extent they may be strictly classified as functionaries of the law and enforcement function. Despite the precedent set by Washington territorial laws, no official coroner was provided for by the Idaho laws until 1866, he first territorial legislature created the precinct office of justice of the peace and made each justice ox officio coroner in his respective precinct ( L.T .1 . 1863-64, sec, 1, p. 592), In case one justice of the peace vra.s unable to act, any other jus- tice in the coitnty might act in his stead (ibid., sec, 149, p. 506), There are no historical data availabc to explain v;hy the office of cor- oner was not made a county office at the beginning. It is not reasonable to assume that the office was unimportant. A more reasonable conjecture is that the duties of coroner wore important but, due to the large amount of terri- tory embraced by each county, one coroner could not perform those duties efficiently, A decentralization v/as necessary,. The justices of the pcaco being precinct officers and already connected v/ith the function of law administration vrorc the logical persons upon v;hom to place this responsibil- ity. Hovrovcr, the third territorial legislature made the coroner an elective county officer (L.T.I. 1865-63, ch. 27, p, 164), In 1875 the justices of the peace were made ox officio coroners in their respective precincts in case of a vacancy in the office of coroner ( LbT.I , 1874-75, sec. 19, p. 556; I.C.A . 1932, 30-2305), Yifhcn the constitution was framed and adopted in 1890, tlic office of coroner v/as given constitutional validity vjlth other county offices (Const, of Ida. 1890, art, 18, sec. 6), , -'-'.i'^ 'rn .ur. - 115 - Coroner (Next entry 270, p. 116) The term of office has boon fixed at two years (l.C.A. 1932, 33-202), Any person elected to the office of coroner must be a qualified elector of the state and county (L.S.I. 1890-91, sec, 5, p. 57; I.C. A. 1932, 57-101), Every person elected to the office of coroner must give bond to the county in the sum of one thousand dollars (R.S., sec. 1828; I.C.A . 1932, 30-1G15), '^he coroner has statutory powers and duties as follows: He is required Vfhon he has been informed of the death of a person, the cause of which has not been determined, to go to the scene of the death and m-akc arrangements for a jury inquest into the cause of death ( L«T,I , 1863-64, sec, 136, p, 504; I,C.A , 1932, 19-44-01); to reduce the testimony of witnesses to writing and file it v^rith report of tl:e inquest in the office of clerk of the dist- rict court ( L.T,I . 1863-64, sec. 140, p. 505; I,C,A . 1952, 19-4406) but if the accused pcrDcn is under arrest before the coroner files the testimony and report with the clerk of the district courts he is then required to file it with the magistrate designated to hold a preliminary hearing ( L«T,I « IBoS** 64, sec, 141, po 505; I ,C,A , 1932, 19-4407); to take charge of the body of the deceased, if no other person takes charge of it, and cause it to be decently buried ( L.T.I o 1874-75, sec. 22., p. 566; I.C<.A, 1932, 30-2302); to deliver to the county treasurer or the legal representatives of the deceased, any money or other property foimd on the body (L qT.I . 1874-75, sec. 15, p. 569; I.CqA c 1932,, 30-2302); to file a verified sH^nont with the clerk of the board of commissioners showing the amount cf money or other property belonging to the estate of deceased persons which has come into his possess- ion since his last report and what disposition vrs.s miade of such m.oney or pro- perty (L,T>,I. 1863r64, sec, 18, p. 566; _IaC«A. 1932,3C'-2304) ; to hold inquests as prescribed in the penal code (P^.S. IGB?', sec. 2080, I ,C.A . 1932, 30-2301); to summon and examine v/itnesses (L.T.I. 1863-64, sec, 137, p, 504; I,C,A , 1932, 19-4403). In connection mth his duties as coroner the coroner has power: To summon a jury for the inquest ( L.T.I . 1863-64, sec. 134, p. 504; I.C.A . 1932 19-4401); to compel the attendance of witnesses ( L,T,I . 1963-64, sec, l38, p. 504; I,C.A . 1932, 19-1-404); to suinr.ion a physician to inspect the body and give professional testimony ( L.T.I . 1863-64, sec. 137, p, 504; I.C.A . 1932, 19-4403); to exhume & body after it has been interred ( R.S . 1S87, sec. 8377; I.C.A . 1932, 19-4401); to issue a warrant of arrest arainst any person accus- ed by a coroner's jury and not yet in custody (L. T.I . 1863-64, sec, 142, p. 505; I.C.A . 1932, 19-4408), In addition to his duties as coroner, the coroner must act as sheriff in case the sheriff is a party in interest, a vacancy exists in the office of sheriff, or the sheriff is otherwise prevented from, performing these duties ( L.T.I . 1874-75, sec, 2, p. 567; I.C.A , 1932, 50-2306). V/hcn acting as sheriff he has all the powers and duties of a sheriff, is liable on his official bond and is entitled to the same foes as the sheriff (L.T.I. 1874- 75, sec. 3, p. 567; I .C.A . 1952, 30-2307), Ithough the coroner is required to reduce inquest testimony to \vriting and file it v/ith the clerk of the district court, he is not required to keep a copy in his office, ^''either is he required to keep any other typo of record of his official acts. Most coroners keep a record containing in- formation concerning the deceased. Only oho incomplete record, entry 270, was reported as being kept in Kootenai County, 1 ■-■;.» .'» - 116 - Frosocuting Attorney (270) 270, COROl'IER'S INQUISITION, 1899-1900, 1 vol. 1901— cannot be found. Record of findings of the coroner as to cause of death in cases where there is no doctor's certificate as to cause, "^ives date of inquest, name, a^e, and description of deceased, place and manner or cause of death. Arr, alph, by name of deceased, llo index, Hdw, on printed form. 75 pp, 16 x 12 x 1, Bsmt, st, va. For reports of county coroner, sec entry 192, X. PROSECUTING ATTORNEY There is some douht as to the exact status of the prosecuting attorney as a functionary in county government. He may be considered as belonging to the law enforcement function or the law administration function. In the lat- ter case he would be classed vrith the court judges and in the former, v/ith the sheriffs and constables. There is a tendency for the courts to favor the view that if he is not a judicial officer in the strict sense, he at least is an officer of the judicial department (State v, lYharfield, 41 Idaho 14), He has been classified as such in the development of county functions (cf . essay on county govcrnmontal organization and records system, page 10. The history of the status of the prosecuting attorney, formerly desig- nated as the district attorney, is more or less invol-";d. It was never fully settled as to whether or not he should be a dis-*:rict officer elected by the voters of each judicial district or a county officer elected by the electors of the county, until 1896» The first territorial legislature provided for the election of a dis- trict attorney for each organized Judicial district for a term of tv-ro years ( L,T.I , 1863-64, sec, 1, p. 573), The fifth session of the territorial Icgis- laturo enacted a law making the prosecutor a county officer to be elected by the electors of the county in the year 1870 and every two years thereafter (L.T.I, 1868-69, ch, 9, sec, 1, p. 92), The next session of the territorial legislature meeting in 1870-71 enacted a law making the office a district office instead of a county office ( L.T.I . 1870-71, sec. 1, p. 71), In 1881 the governor approved a la^v making the nrosecutor a county offi- cer, elected by the voters of the several counties evory t* ^, p. 74; I«C.A « 1932, 30-2104), The prosecuting attorney v/as required to keep a register of all actions entered by him ( L.T.I, 1868-69, ch. 9, soc, 13, p. 94) but such a record or any other record is no longer required to be kept by him. Only a record of official correspondence (entry 271) was rcportcri from Kootenai Countyi r* 271, LETTER FILES, 1924-26, 3 file boxes. Original letters rooeivcd and copjes of Ict-tercsont from the prosecuting attorney's office relating to the business subject to his authority. Gives data, matters discucsed, name of correspondent, Arr, chrcn. Indexed alph. - 119 - Assessor (Next entry 272, p, 123) by name of addressee. Typed, 12 x 12 x 5, Bsmt, st, va» XI, ASSESSOR The functions performed by the assessor as such have been so necessary and well defined that there has been no fundamental change during the entire history of the territory and .state of Idaho. The county assessor is one of the principal functionaries responsible for execution of the all important secondary or incidental function of pro- viding revenue to defray the expenses of the county (cf« essay on county governmental organization and records system, p» )« The duties of the as- sessor, together with those of the tax collector, treasurer, board of commis- sioners and board of' equalization, are so closdly connected with the fiscal processes of the county that they wore outlined by the first territorial legislature under the Revenue Act ( L,T.I . 1863-64, p, 398), The exact form of the assessment roll was prescribed (Tbid,, ^, 403), T/Vhon the constitution was framed the assessor was included as one of the county officers to bo elected but v/as disqualified from succeeding him- self in office (Const, of Ida , 1890, art, 16, sec, 6), Tjic eleventh amend- ment to the constitution effective Nov. 28, 1910 removed this inhibition. The assessor may nov; succeed himself as do all other county officers. The term of office of assessor is t-vo years and until his successor is elected and qualified. Any person aspiring to the office of assessor must be a qualified elector of the state and county ( L,S,I . 1890-91, sec, 5, p. 57; I,C,A . 1932, 57-1010), The county assessor, while his principal duties have been that of assess- ing property for taxation purposes, has generally been connected with the re- lated duty of tax collecting, ¥feen the first territorial legislature made the sheriff tax collector, he was given the right to deputize the assessor to collect, during the assessment period, personal property taxes levied on property of persons who did now ovm. real estate in the county ( LyT.I . 1863- 64, sees. 24, 26, p. 407), The third session of the Idaho territorial leg- islature changed his duties as deputy collector of personal property taxes to those of ex officio tax collector of those taxes ( L,T.I , 1865-66, ch, 29, sec, 5, p. 168) during the entire year. He v/as also charged with collecting poll taxes and hospital taxes. In 1867, the assessor vras made ex officio tax collector of all taxes in Boise County (L,T.I, 1866-67, ch, 3, sec. 6, p, 43); and in 1877 he was made ex officio tax collector of all taxes in Ov/yheo County ( L.T.I . 1876-77, sees. 5, 7, p, 47). His duty of collecting all taxes was extended to all counties in 1861 ( L.T.I . 1880-81, p,, 235), •''hon Idaho territory became a state :n 1890, the legal duties of the assessor as ex officio tax collector vj-ere made constitutional ( Const, of Ida , 1890, art, 18, sec, 6) and remained so until 1913, In 1912, a constitutional amendment v/as adopted making it mandatory on the legislature to enact a law making the treasurer ex officio tax collector. The law was enacted in 1913 to take effect in 1915 (L.,S,I , 1913, ch, 128, sec. 1, subdiv. 7, p, 476). The same legislature assigned the collection of personal property taxes to the assessor contrary to the provisions of the constitution and the statute ( ibid ,, ch, 5, art, 9, sec, 149, p, 221),, In 1917, a law was enacted making the treasurer ex officio tax collector of personal taxes in keeping with the ■/>■:■ i-.r ■'■■<■'■ f ,•■>■'■ ■» .. • •' :■:'■••• -.T «■ \ '■ » »••'.■-.,' ■■,I . 1917, ch. 55, sec, 181, p, 140), In 1919 the legislatioro repcalod"" this by cno-ctin^ a lav; iTialiing the asscj:sor the collector of personal property taxes ( L«S.I « 1919, ch, 75, sees, 8-10, pp. 261-62) J this was contrary to article 18 section 6 of the constitution as amended in 1913, As a general practice assessors did collect the person- al property taxes, I'Vhen the validity of the statute v/as tested in the courts in 1924, the supreme court of Idaho decided that the assessor was not respon- sible for the collection of personal property taxes and could not be held on his bond (State v, Malcolm 59 Idaho 185), The nineteenth session of the Icgislatrc enacted a law in 1927 amend- ing section 3267 of tho Idaho Compiled Statutes so as again -fro make the tax collector instead cf the assessor responsible for the collection of personal property taxes ( L.S,I , 1927, ch. 233, p. 345), The lav/ 7ra.s approved j'&rch 13, 1927, • The same legislature lu another act approved March 15, 1927 repealed section 3267 of the Idaho Compiled Statutes vrithout reference to the fact that it was recently amended ( ibid ., ch, 263, cec. 13, p. 572), Article 18 sec- tion 6 of the constitution was amended in 192S nullifying that part which required the legislature to enact lav:s jiroviding for the treasurer to be ex officio tas collector and substituted instead the sentence "All taxes shall be collected by the officer or officers designated by law". The twentieth sossion of the state legislature meeting in 1929 amended section 3267 of the Idaho Compiled Statutes as amended in 1327 thereby making the assessor per- sonal property tojc collector instead of the treasurer as ex officio tax collector ( L,SoI , 1929, ch, 263, sec, 4, p, 587), ^is section had already been repealed by the 1927 legislature (supra), Hovroveii when the constitution vjas amended in 1928 giving the legislature authority to fix the tax collecting responsibility, the lav/s previously en- acted enumerating county officers to be elected c^nd raaking the treasurer ex officio tax collector ( l,C,A . 1932, 30-1501; 33-202; 30-1602), were not amended in keeping v/ith the constitutional amendment. Accordingly the lav/ making the assessor responsible for the collection of personal property taxes is still being carried on the statute books, but there is grave doubt that it is a valid part of the codes. If it is not, the treasurer is the ex officio tax collector of personal prpoerty taxes rjid the duty is being performed illegally "by tho assessor. In 1915 the assessor vra.s assigned the duty of acting as agent for the State Highway Commission in the matter of registering motor vehicles ( L,S«I « 1915, ch, 64, sees, 14, 15, p. 166), The law vj-as changed later making the Department of Law Enforcement the principal ( LcS,I , 1919, ch, C, sec, 31, p, 59), The assessor is still the agent. It is his duty to receive applications for motor vehicle licenses, receive the fee and issue a receipt therefore, make a duplicate record of all cars registered and report each month to the Department of Law Enforcement (L,S,_I, 1927, ch, 244, sec, 9, p, 379; I,C.A , 1932, 48-109), In addition to tho major classification of duties, tho assessor has de- tailed powers and duties in connectlozi vrith. these. The expressed powers in- volve implied duties and vice versa. The assessor is required: To take the oath of office (R,S, 1887, sec, 350; I.e. A , 1932, 57-401); to give bond to the amount of five' "thousand dollars (R.S, 1887, sec. 1828; I.C.A, 1932, 50-1515); to assess all property in the - 121 - Assessor (Hc:ct entry 272, p. 123) county except as othcrYirlse provided by lav; ( R>C « 1908, scc» 1653; I>C«A » 1932. 61-201); to call personally on ecj-ch taxpayer and procure a signed taxpayer's statement ( R,C , 1908, sec. 1682; I«C.a /i932, 61-203); to make notations on the roll where persons vrore absent or refused to sif^n the taxpayer's state- ment ( L.S,I . 1913, ch. 58, sec. 23, p. 181; I«C.A . 1932, Gl-210); to notify assessors of other counties concerning property listed by trocpaycrs but net located in his county ( R.C. 1908, sec. 1691; I.C.A . 1932, 61-211); to report back to the taxpayer any changes that hCvve been made by liim from the original statement ( L.S.I . 1913, ch. 58, sec. 26, p. 181; I.C A. 1932, 61-213); to assign tax numbers to irregular parcels of ground and report the same to the recorder ( L.S.I . 1912, ch, 8, sec. 17, p„ 36; luCA . 1932, 61-302); to pro- vide himself with an abstract of all landr, in his county approved for patent ( R.C . 1908, sec* 1811; I.C. A. 1932, 61-504); to complete the assessment on real property before the folirth Monday cf June each year (Lo S.I . 1913, ch, 58, sec, 39, p, 185; I,-:C.Ar. 1932, 61-306); to assess land and lots separately from improvements thcrc'cn (1l„C, 1908, sees. 1713, 1719; L.S.I . 1912, ch, 8, sec. 17, p. 32; I.C.A c 1932",' "61-307); to enter chan-CT of o^vnorchip on the assessment roll ( L,S, I, 1913.v ch. 58, sec : 46, p. ICT; I.CA . 1932, 61-313); to classify all landc""as to kind ( L.,S.I o 1912; ch, 8, sec. 17, subdiv, 1718 b, p. 33; I_oC,_A. 1932, 61-316); to assess timber growing on land where ovmer of timber doe's not avm the land (L.S.I. 1913, ch, 58, t.oc. 50, p, 183; I.C.A . 1932, 61-317); to take oath before the olcrk of the board of commissioners that assessments have been made and entered according to law (R.C. 1908, sec. 1727; I.C A. 1932, 61-318); to deliver the completed real property assessment roll to the clerk of the board of coinmiss loners on or before the fourth Mon- day in June (RoC, 1908, sec. 1728; I.C.A . 1932, 61-322); to attend all sess- ions of the board of equalization and ansvrer questions concerning assessments ( R.C . 1908, sec. 1697; I.C.A . 1932, 61-107); to certify to the secretary of every cemetery maintenance district the aggregate value of all property in the district (L.,S.I. 1927, ch. 197, sec. 18, p. 272; I.C.A . 1932, 27-119), to prepare from the assessment book the number of cattle assessed and names of cmiers and other Information for use in levying a tax for erojdication of Bang's disease and T.B, ( L.S.I . 1923, ch. 158, sec. 2, p. 232; L.S.I . 1931, ch, 146, sec, 2, p. 246; I.C.A . 1932, 24-402, 24-602); to enter all personal property not a lien on real estate on a separate assessment roll (L .S.I . 1913, ch. 58, sec, 146, p, 220; I.C.A , 1932, 61-1101); to assess all person- al property required by law to be assessed ( L^S.I , 1913, ch. 58, sec. 148, p. 221; I.C.A . 1932, 61-1103); to collect all ta:ves on personal property not a lion on real estate at the time of assessment unless tax can be collect- ed later without loss to the county (L.S.I. 1917, ch, 55, sec. 1, subdiv. 149, p. 128; I.CcA. 1932, 61-1104); to issue tax receipts for all taxes paid to him ( L«S.l7 T9r7, ch. 55, sec. 1, subdiv. 149, p. 128; ]_^^±* 1932, 61- 1113); to report to the auditor on the first lionday of each month the amount of personal property taxes collected ( LbS.I . 1313, ch. 58, sec. 151, p, 221; I.C.A, 1932, 61-1114); to make affidavit as to correctness cf personal pro- pcirty roll (L.S.I. 1913, ch, 58, sec. 154, p. 224; I.C.A. 1932, 61-1117); to deliver completed personal property assessment roll to the clerk of the board of commissioners on or before the second Monday in July of each year (L,S.I, 1913, ch, 58, sec. 156, p. 226; I.C.A . 1932, 51-1121); to assess individual equities in state lands ( L.S.I , 1913, ch, 53, sec, 158, p. 226; I.C.A. 1932, 61-1123); to send out notices of personal property taxes due and mail copy to any Icnown mortgagee ( C.S . 1919, sec. 3284-C, as added by L.S.I . 1929, ch, 263, sec. 15, p. 595; I.C.A . 1932, 61-1205); to enter and assess all migratory livestock on the subsequent property assessment roll - 122 - Assessor (Next entry 272, p, 123) ( R.C . 1908, sees. 1666, 1667; I.C.A . 1932, 61-1303); to report all taxes col- lected on raigratory livestock to the auditor on tho first Monday of each month ( L«S.I . 1913, ch. 58, sec. 169, p. 229; I.C.A . 1932, 61-1309); to pub- lish a notice of intcnticn to appoint a deputy or assistant ( L.S.I . 1899, sec, 4, p. 405; I.C.A . 1932, 30-2607); to list the names of all dog owners in tho county and collect the dog tax ( L.S.I . 1927, ch« 20, see, 2, p« 25; I.C.A . 1932, 24-2402); when ordered by tho governor, ..to nalco a list of all persons liable to service in the state militia ( L.S.I . 1927, ch» 261, sec, 7, p. 515; I.C.A. 1932, 45-104); to make final settlement with the board of com.- missionors when sitting as a board of equalization in December of each year as to assessable property which has failed to appear on the assessment rolls (L.S^. 1913, ch. 58, sec, 198, p. 237; I.C.A. 1932, 61-1802); to deliver to tho secretary of each highway district the aggregate valuation of all pro- pwrtv in the district (L.S.I. 1911, ch, 55, sec. 39, p. 139; I.C.A . 1932, 30- 1545); to prepare from the assessment roll prior to the first Monday of Sep- tember in each year a cnnsus of all horses, acsos and mules for the purposes of a ta:. levy for tho eradication of glanders (L.S.I. 1925, ch, 63, sec. 2, . p-, 92; I.C.A . 1932, 24-502); to attend the state board of equalization meet- ings ( R.C . 1908, sec. 1706; I.C.A. 1932, 61-509); to assess the net profit of mine7"( L.S.I . 1903, sec. "6, p. 4; I.C.A . 1932, 61-2310); to keep office open from 9:00 a.m. to 5:00 p.m. ( R.S . 1S87, sec, 1822; I.C.A . 1932, 30- 1509); to maintain a residence at the county seat unless otherwise specified by the board of comrais si oners (R.S, 1837, sec, 1825; IpC.A. 1932, 30-1512); to make a list of all sheep assessed on the assessment roll for special tax purposes ( L.S.I . 1921, ch. 15, sec. 7, p. 17; I.C.A. 1932, 24-107); to turn over all m-Qney collected by him to the county treasurer ( Const, of Ida . 1890, art. 18, sec. 7); to make a real property assessment roll ( L.T.I . 1863- 64, sec. 18, p. 402; I.C.A. 1932, 61-307); to prepare a taxpayer's index of real property assessments CL.S.I . 1913, ch. 58, sec. 47, p. 187; I.C.A . 1932, 61-314). The assessor has power to compel absent or sick persons not contacted to send in taxpayers' statements covering their property ( L.S» I. 1913, ch, 58, sec. 21, p, 180; I.C,A . 1932, 61-208); to administer all oaths in conn- ection with his duty ( R.C' . 1908, sec. 1637; I.C.A . 1932, 61-209); to appoint deputies and assistantsTL tS.I . 1899, sec. 4, p. 405; I.C.A . 1932, 30-2607); to issue distraint vra.rrants against all persons refusing to pay personal property taxes ( C.S . 1919, sec. 3284-D, as added by L.S.I . 1929, ch. 263, sec. 15, p. 595; I.CA . 1932, 61-1204). The assessor is required to keep the following records: ^ook of city plats ( L.T.I . 1863-64, sec. 18, p. 403; I.C.A . 1932, 61-301); a subsequent assessment roll ( L.S. I. 1913, ch. 58, sec, 147, p. 220; I.C.A . 1932, 61-1103); taxpayers' statements ( L.T.I . 1863-64, sec. 11, p. 399; I.C.A . 1932, 61-212); duplicates of personal property tax receipts ( L.T.I . 1865-66, ch, 29, sec, 5, p, 168; I.C.A . 1932, 61-1113); assessment book of the net profits of mines ( L.S.I . 1903, sees. 1, 3, p. 4; I.C.A . 1932, 61-2309); applications for motor vehicle licenses (L.S.I. 1915, ch. 64, sees. 14, 15, p. 166; I.C.A . 1932, 48- 109); record of ai;tcmobi}e owners and auto licenses sold ( L.S.I . 1915, ch. 64, sec. 15, subdiv. 14f, p. 166; I.C.A . 1932, 48-109); a list of tax numbers ( L.S.I . 1912, ch. 8, sec, 17, subdiv. 171 8e, p. 36; I.C.A. 1932, 61-302 )| personal property assessment roll ( L.S.I , 1913, ch, 58, sec. 146, p. 220; I.C.A . 1932, 61-1101); abstracts of' state lands (Land Sale Certificates) ( L.S.I . 1913, ch, 58, sec. 38, p. 184; I.C.A . 1932, 61-305); assessor's plat book (L.S.I. 1901, sec, 151, p. 233; I.C.A. 1932, 61-301); record of ivarrants ( < - 123 - Assessor- Assessments (272-275) of distraint and file of returned v/arrants ( C»S . 1919, sec* 3284-G, as added by L.S.I « 1929, ch. 263, sec. 15, p. 595; I.C.A , 1932, 61-1207. All of the records required by statute to be kept by assessors and some not required by statute, but necessary, are being kept by the assessor in Kootenai County, The law does not require a collection register but such a record is necessary because of the duty of collecting personal property taxes and accounting for the amounts collected. There are raany records in the office vfith prior dates not accoujitcd for, '^hose missing or not accounted for arc of little future importance to the business of the office after they hr.ve served their current usefulness. Assessments (See also entries 522-324) 272, PERSONAL PROPERTY ASSESSiElTT ROLL, 1891-94.. 1913—, 20 vols, 1895-1912 cannot be found. Record of personal property listed for the purpose of lev^j'-ing taxes, Gives statement number, name and address of taxpayer, subsequent assessments in parcels of land, migratory livestock, machinery and property not otherwise' classified; apportionments and total tax; date of payiaent, tax collector's settlement, commissioners' settlement order; description of propertjr trans- ferred to real roll, re':.ates and adjustments; distraint warrants issued, amount of tax to be collected, date of sheriff's return, and deficiency Jud- gment entered, Arr. alph, by nar.e of tojcpayer; tab guides, 1891-94, 1913- 27; arr, chron, 1928 — • llo index, Hdw, on printed form, 55-400 pp. 18 x 25 X 3/4 - 17 X 29 X 3-2-, 18 vols., 1891-94, 1913-27, bsmt, st. va.; 2 vols., 1928—, assr, va, 273, (ASSESSLIEia' ROLL REGISTER), 1896-99, 1 vol. Discontinued, List of the owners of lots in the toi^/nsites of Eaton, Sandpoint, Coeur d'Alene, and Rathdrum in Kootenai County for the years as stated, Gives name and address of owner and date, Arr, chron. No index, ^^dw» 158 pp, 16 x 11 x -g-, Aud, bsmt. va, 274, TAXPAYERS' STATEI/ENTS, 1919—, 3530 vols. Carbon copies of statements presented or sent by assessor to each taxpayer listing his property and its valuation as it appears on the tax rolls; sup- posedly taxpayer will sign and swear to agreement as to accuracy and fair- ness of valuation although in actual proctice it usually serves simply as a notice to taxpayer. Gives date, name and address of taxpayer, description, classification and valuation of property, place for .taxpayers' sworn state- ment, if used; date of meeting of board of equalization when protests may be presented, Arr, num, by statement no. No index, Hdw, on printed form, 50 pp, 15-|-x 9 X -g-, 2988 vols,, 1919-33, bsmt, st, va,; 542 vols,, 1954—, assr, va, 275, PERSONAL PROPERTY STATEIEjITS, 1919, 1921-24, 1928—, 257 vols. Duplicates of taxpayers' statements listing personal property only. Gives year, statement number, date of meeting of equalization board, itemized list of property and its value, location of property, and signature of taxpayer, Arr, num, by statement no. No index, Hdw, on printed form, 50 pp. 14 x 8 X -|-, 184 vols., 1913, 1921-24, 1928-32, bcmt. st. va.; 73 vols., 1953—, assr. va. - 124 - Assessor - Assossmonts (276-283) 276, TAX NUIffiER RECORD, 1915—. 9 folders. List of numbers assigned to irregular tracts of land described by motes and bounds. Gives name of ov.Tacr, boundary moasuroments in relation to adjoining parcels, and acreage, if ruralj size in square rods or feet, if city property. Arr, num. by assigned nos. No index, Hdw. on printed form, 13 x 9 x 1/8, Assr, off, ^or recorder's tax numbers, see entry 137, 277, ASSESSOR'S J'iEMORANDlM, 1927, 1 bmidle. Discontinued. Memoranda from deputy assessor to assessor, listing personal property subject to assessment! mostly concerned vj-ith migratory livestock. Gives date, item- ized personal property, aiid assessed valuation, Arr, chron. No index, Hdv^, S-|- X 4|- X 2, Bsmt, st, va, 278o ESTIMATES OF TIMBER, 1909-IL ^ 1927-29, -i vols,- Title varies slightly, •'^is continued. Record of timber valuations used by the assessor in compiling assessment data. Gives, date, locationj itemized production, kind ef timber, and itemized valuation. Arro num, by section nos. No index, ^ped on printed form, 122>" 125 pp. 12 X 8-| X 2o- - 19 X 12 X 2, Assr, off o, on shelf, 279o PROPERTY LISTS FCR LUlffiER COKPMIES, 1915, 1 vol. Discontinued. Lists of property owned and operated by lumber companies in Kootenai Coujity, Gives., date, itemized list and estimated raluation of each item. No orderly arr. Indexed alph, by firm name of company. Hdw. 134 pp, 14 x 9 x 1. Bsmt. st, va, 280, PROPERTY LISTS FOR FAI\frIAilDLE LIH.IBER COMPANY, 1932, 1 file box. Discontinued, Field notes describing agricultural, timber, cut-over and standing timber lands ovmed by Panhandle Lumber Company in Kootenai County to be used in making assessments. Gives date, itemized list and estimated valuation of each item. No orderly arr. No index, 4 x 5 x 16, Assr, va, 281, PROPERTY LISTS OF THE WINTON LUi'IBER COIvIPANY, 1928, 1 file box. Field notes describing agricultural, timber, cut-over and standing timber lands owned by the V/inton Luraber Company in Kootenai County, to be used in making assessments, G^^es date, itemized list and estimated valuation of each item. No orderly arr. No index, Ndw, 4 x 5 x 16, Assr, va, 282, PROPERTY LISTS, 1925-26, 1 file box. Folders containing lists of property ovmed by railway and lumber companies, designated by legal descriptions, to be used in compiling assessment rolls. Gives date, enunferation of property owned, and assessed valuation. No orderly arr. No index, Hdw, 4-|- x 4^;- x 10, Assr, va, 283, PROPERTY LISTS OF "WASHINGTON WATER POITOR COMPANY, not dated, 1 file box. Field Qotes describing property owned in Kootenai County by the Washington Water Company to be used in making assessments. Gives date, enumeration of property owned, and assessed valuation. No orderly arr. No index, Hdw, 4rk X 4g- X 10, Assr, va. • - 125 - Assessor - Levies, and Exemptions; (284-288) Tax Collections Levies and Exemptions 284. SPECIAL LEVIES, 1924-33, 2 file boxes, 1917-28 also in T.is- cellancous Papers, entrj^ 307» Discontinued, Assessor's copy of certificates sigi^ed by the clerk and chairman of sciiocl boards in various districts certifying amounts to be raised by special tax levy, voted at school elections held in the districts concerned and notices from the authorized a^ent of the designated unit to the assessor accounting for the various tax levies. Gives date of election, school district nurabeij amount of funds voted, purpose for which to be used, year funds are to be used, name of county, total mills to be levied, signatures of the chairman and clerk of the board of education. Arr. chron» Ho index, Hdw, on printed form, 4-|- X 4g- X 10 - 11 X 5 X 14, 1 file box, 1924-26, assr, va,; 1 file box, 1927-33, bsmt, st . va, For commissioners" tax levies, sec entry 4(i 285u COHT:riIUEA::";E of tax EXELTTIO'iS, 19'^,".-, 5 bundles. Affidavits nade by persons (.li^giblo fo". tax c::6mption3 and presented to the board of equalization. Gives complete financial starus, reason for exempt- ion, and signature of applicant. No ord'rly r.rr, IIo index. Hdvj", and typed on printed formo 14 x 9 x 2j Assr, va. Tax Collections (See also entries 325-329) 286, ASSESSOR'S RECORD OF PERSOIIA-L PROPERTY T.iX RECEIPTS, 1919-27, 1929—. 3 vols. Record of personal taxes collected and their distribution among the various ta:<;ing units and county funds, Gives date, serial nuiaber, tax receipt num- ber, total amount of tax; amounts credited to various accounts, such as state and county, special road, special tovm, highway district, special sc'ool, city improvements, and drainage districts. In case of delinquency, . onalty is also given, Arr, num. by receipt nos, 1919-27, 1929-32j arr. chron, 1933—, No index. Hdw. on printed form. 150-250 pp. 15 x 121 x 1-^- - 14:-g X 12 X 2, 1 vol., 1918-27, bsmt, st, va,; 1 vol., 1929-31, assr, va,; 1 vol., 1932 — , assr, off,, on shelf, 287, PERSONAL PROPERTY TAX RECEIPTS, 1929—, 79 vols. 1926 in Letters, entry 308, Original tax receipts issued upon pa-.mcnt of personal property taxes in Kootenai Coxmty. Gives receipt number, date of payment, nam.o of taxpayer, list of personal property, amount of tax charged under each group, total amount of tax and distribution among various tarcing units, Arr, num. by receipt nos. No index. Hdw. on printed form. 20-200 pp, 9 x 7 x l/S - 9 X 7 X l|-, Assr, va* ■ 288, ASSESSOR'S STATEtiEI'ITS, 1919-21, 1 file box. Discontinued in this form. Assessor's copy of detailed monthly reports to the auditor of all receipts and apportionments of personal taxes collected. Gives amour.ts collected, source of collcotions, distribution under various taxing units, am.ounts of remittances, amounts delinquent, and totals, Arr, chron. No index. ," '^i'< .'.'.'( -.V" - 126 - Assessor- Hotor Vehicles (239-203) Hdw, on printed fern. 5 :^c 5 x 16, Assr. va. For subsequent related report record, sec entry 2G9« 289, REPORTS OF EERSOHAL Ti\X AI'JD HOTOR VEIHGIE LICSiiSE FEES, 1921-23, 1 vol. J^iscontinued in this form, 1929-32 cannot be found. Assessor's copy of detailed monthly reports to the auditor of all receipts and apportionnents of personal taxes collected and license fees collected. Personal tax collections give amoim.ts collected, source of collections, dis- tribution under various taxing units, amounts of remittances, amounts delin~ quent, and totals. License collections give license number, name and add- ress of owner, and amount collected, Arr. chron, IJo index. Typed, Approx, 288 pp, 14 X 9 X Zi; Bsmt, st, va. For prior related reports of personal tax collections, see entry 288; for subsequent related reports of personal tax collections, see entry 290j for subsequent related reports of license fee collections, see entry 296, 290, REPORTS OF FERSOilAL PROPERTY TAK COLLECTIOLTS, 1S33~, 1 folder. Assessor's copy of monthly report to the auditor of current and delinquent personal taxes collected, '^ivcs date, name of taxpayer or source of payn.cnt, apportionments, remittances and amoimts delinquent, Arr, chron, IJo index, Hdw, on printed form, 8-g- x 13-^ x Iw, Assr, off., on shelf. For prior related report record, neo entry 289. 291, WAPJiANTS OF DISTRAIMT RECORD, 1923—, 1 vol. Duplicate copies of distraint v/arrants T/hich have been issued to enforce col- lection of delinquent personal taxes, '^ives name and address of record ovioier book and page of Personal Property Assessment Roll, notice and receipt number total tax due; date of warrant, alias of OT^'mer, if any; location of property, if removed from comity; sheriff's return designating v/arrant by number; dis- tribution of tax among the various units; deficiency suit, if any; and am.ount of judgment, Arr, num. by certificate no. I'o index. Hdw. on printed form, 50 pp, 16 x 22 x 3/4, Assr, va. Motor Vehicles 292, APPLICATIONS FOR MOTOR ^./EIIICLS LICENSES, 1924—, 23 stacks, 3 file boxes, 1 shelf, 7 btmdles. Triplicate applications made by persons buying motor vehicle licenses, Gives motor niimber, serial number, make, type, year, model, vreight, capacity, foe, license number, new or used, last year's license number, kind of tires, if truck; title number, name and address of ovmcr, asaessor's nvimber, high".TO.y district, date, and signature of assessor or his deputy. Arr, chron, in stacks; arr. alph. by name of applicajit in filo boxes; arr, num. by assessor' no, on shelf and in bundles, Ho index, Hdw, and typed on nrintod form.. Stacks, 4 X &|- X Ok', file boxes, 4 3/4 x 4 3/4 x 16; shelf ,"^ 5.^ x 116; bundles, 5'|- x 9^, ^Stacks, 1924-28, and shelf, 1929-35, bsmt, st, va.; file boxes, 1926, and bundles, 1936—, assr, va, 293, IDAHO MOTOR VEHICLE IIJDEX, 192G-36, 1 wooden box. Discontinued, Card index to owners of licensed motor vehicles in Kootenai County, Gives namo and address of OTmor, date license was issued, description of car; if ownership transfcrri^d, to whom; license munbcr, Arr, alph. by name of oimor, Hdw, 4 X 10 X 28. Bsmt, st, va. - 127 - Assessor -Certificates (294-300) 294, APPLICATIOIIS FOR AUTOIIOBILE REFUIIDS, 1925. 1 file box, Discontinu Applications made to tho State Doi^artrdcnt of Lav/ Enforcement for refunds of amoimts paid in excess of the authorized fee for motor vehicle licenses. Gives name and address of ovmcr, car license number, date purchased, amount paid, amount of refund claimed. No arr. No index, Hdvj-, on printed form. 4o- X 4-|- X 10, Assr, va, 295, RECORD OF MOTOR VEIIICLF LICEITSE COLIECTIOrS, 1915—, 19 vols. Title varies slightly, Duplicate copies of monthly auto license reports made by the county assessor to the Secretary of State, 1915-32, and to the Department of Law Enforcement, 1933 — • ^ives license number, name and address of ovmer, serial nviraber, weight of car, fee charged, cancellations, deductions, or additional feesj total amount, Arr, chron. No index, IldvT, on printed form, 85-200 pp, 16 X 13 X -s- - 17 X 15 X 2, 18 vols,, 1915-26, 1928—, bsmt, st, va,; 1 vol., 1927, assr, off., on sr.elf, 296, MOTOR VEHICLE LICENSE COLLECTIOIIS iiEPORTS, 1933—, 1 folder. Monthly reports made by the county assessor to the county auditor. Gi^es amount of cash received and turned in to the coimty treasurer's office for motor vehicle licenses, Arr* chron. Ho index. Hdw. on printed form. 8-2 X IS-g- x 3/4a Assr, off,, on shelf. For prior related reports of license fee collections, see entry 269# 297, AUTO SALES REPORTS, 1926, i file box, 1917-24 in I.Iiscellaneous Papers, entry 307, Motor vehicle sales re'oorts as made to the assessor "d-/ individual sales com- panies, Chives name and address of purchaser, and t;^'pe of vehicle sold, Arr, chron. No index. Hdv;, on printed form. 4-|- x 4--y x 10. Assr, va. Certificates 298, STATE OF IDj\IiO LAND SALE CERTIFICATES, 1908-35, 1 bundle, 1 folder. Discontinued. Title varies slightly. Certificates of sale of stat® land, some originals and some copies, including sales vrlth special timber provisions, ^i-^^-Qs name and address of purchaser, description of land, total of contract, amount of dovm payment, and amount and dates of subsequent payments of principal and interest. No arr, 1908-24; arr, num. by certificate no. 1925-35, No index, Hdw, on printed form. Bundle, 14 x 11 xl; folder, 11 x 14 x i, Bimdlc, 1908-24, bsmt, st, va,; folder, 1925-35, assr. off,, on shelf, 299, LliW CERTIFICATES (STATE OF ID/JiO), 1917-30. 1 stack. Cancelled land sale certificates \7hi0h vroro issued by the state upon school lands or other public lands and for which deeds were issued after po.ymcnts on the certificate had been r.iade in full. Gives name of purchaser, sale price, interest charged, dosignatcd payments, and reservations of the state in regard to natural resources, Arr, num, by certificate no. Ho index, Hdw, and typed on printed form, 11 x 14x x 3/4, Ascr, off,, on shelf, 300, ASSESSOR'S PJ3GISTER OF TAX SiiLE CERTIFICATES, 1909-12, 1 vol. Discontinued, Register of tax sale certificates as listed and published in the "Kootonai Domoorat". 'ives cortifioatc number, name of record o^vncr, description of - 128 - Assessor »• Finances (501-506) property, penalty and tax for the various taxing units, amoimt duo for advertising, total amount of tax, penalty and costs, date of sale, to ""whom sold, date and to whom transferred, if transferred; date and by whcm redeemed and anoimt of redemption, if deeded to whom and when* -ii-rr. nwA. by certifi- cate no. No index, Hdvir, on printed form. 201 pp* 15x17x2, Assr, va* For tax collector's register of tax sale certificates, see entry 354. Finances 301, ASSESSOR'S CASH BOCK, 1935—. 2 vols. Daily record of amounts and sources of cash receipts and deposits; and cash balance at the end cf each month. Gives date, itemized amounts and source, license colloctions, personal property collections, cash on hand, amount de- posited, and miscellaneous, Arr, chron. No index, Hdw, on printed form, 150 pp, 13 X 16 X 1, Assr, va, 302, CHECK BOOK, 1920-24, 1953—. Appro::, 3 vols. Stubs of checks issued by the assessor in transferring funds from the assess- or to the treasurer, mainly covering collections of personal ta::cs. Gives chock number, amount, purpose of remittance, and date. j.i.rr. nun, by check no. No index, Hdv.r, on printed form. 6 x 13 x -f, 1 vol., 1920-24, bsnt. st, va,; approx. 2 vols,, 1933—, assr, off., in desk, 303, DEPOSIT SLIPS, 1925-23, 1933— , 1 file box, approx, 1 file drawer. Duplicate memorandrm slips showing amounts deposited in banks on designated dates by the assessor, Gi-yos date of deposit, amount deposited, name of banlc, and name of depositor, Arr, chron. No index, _^ Edw, on printed form. File box, 4^- x 41- x 10; file drawer, 5 x 17 x 25, ^"'ile box, 1925-26, assr. va,; file drav/cr, 1933—, assr. off,, in desk. 304, BANK STATS?'iENTS, 1923, 1933—, 1 file bo::, apprcx, 1 file drawer. Monthly statements from banks shovmig all amounts deposited or withdra-vrn by the assessor, with date of each transaction, ^"i-rr, chron. No index. Typed on printed form, ^ilc box, 4-|- x 4-|- x 10; file drawer, 5x17 x 25, File box, 1923, assr, va,; file dravror, 1933—, assr. off., in des2<, 305, CANCELLED CHECKS, 1925, 1933—, 1 file box, appro::, 1 file drawer. Paid and cancelled chocks issued by the assessor in riir.king refunds to tax- payers 7;ho have paid in excess of the o.mounts declared fair by the county board of equalization. Gives date, name of taxpayer, amount refunded, and stamped refmidcd, Arr, chron. No index, Kdw, on printed form. Fj.lc box, 4|- X 4|- X 10; file drav/er, 5 x 17 x 24, File box, 1925, assr, va,; J'ile drawer, 1933—* assr. off., in desk. 306, FOREST L/JID PROTECTION Cli/iRGES, 1926—, 22 vols, ^cord of money allovrod by the Departm.cnt of Foro?t Land Protection for pro- tecting property against forest fires. Gives section or lot number, name of cn-mer, munber of acres, rate charged and total amount, Arr, chron. No index, Typed on printed form. 50 pp, 11 x 9 x -g-, Assr, va. - 129 - Assessor* MisccllancouG; Correspondence; (307-312) Plats ojid Lfcips, Miscellaneous 307, IwISCELLiliJEOUS PAPERS, 1917-28. 2 file boxes. Discontinued, Certificates authorizinr for various school districts Special Levies, entry 284; and Auto Salos Reports, entry 297, Also contains one oath of office of Highv/ay District Con-mis si oners , Arr, chron. No index, Hdw, and typed on printed form. 1 file box, 1917-24, very poor condition. 4 x 4-|- x 10 - 10 X 4 X 15, 1 file box, 1917-24, bsmt. st. va.; 1 file box, 1925-28, assr* va« Corrospondcnco 308, LETTERS, 1916 — , 1 file tox, 2 cardboard boxes, 4 bundle?, 1 stacl; 2 file dravrors» Title varies slightly. Letters to the assessor from private individuals protesting valuations on property as shovm on tax notices; letters written by the assessor to avmcrs of motor vehicles in regard to certificates of title and license matters and applications for motor vehicle licenses; letters to and from the Department of Lavy Enforcement in regard to motor vehicle lav/s and licenses; and cor- respondence relating to unp^^id personal taxes. Also contains Personal Prop- erty Tax Receipts, 1928, entry 287, Arr, chron, Wo index, ^dw, and typed. File box, 4:-h x 4'|- x 10; cardboard boxes, 6 x 13 x 14 - 10-| x 11 x 14; bm-.rllcsj 8-1 X 11 X 2-1; stack, 9 x 12 x 10; dravrors, 11 x 12 x 21, File box, cardboard boxes, bundles, and stack, 1916-34, bsmt, st, va,; file drawers, 1935—, assr, off, 309, Uam OFFICE INI'ORl^i'.TION— CORRESPOIJDENCE, 1917, 1929-32, 3 file b oxe s • Correspondence between the assessor and the Department of Interior in rcK-.rd to patents on land belonging to living allottees on the Coeur d 'Alone Inr'. la':! Reservations, land sales, and adjustment of Indian affairs,, Arr, chrono j^Ij index, Ildw. and typed. A^ x 4g- x 10 - 12 x 12 x 3, Assr, va. Plats and Maps (See also entries 144-146, 430-433) 310, PL\T BOOKS, 1898-1902, 1 volo Hand-dravm plats of each tovmship in Kootenai County, Gives name of ovmcr, section divisions by quarters and owners of each, and scotion number, Arr, num, by tv/p, and range nos,; tab guides. No index, Handdravm and hdw, 300 pp, 22 X 18 X l|-. ^smt. st, va, 311, PLiVT BOOKS, 1899—, 3 vols, (A-C), Record of »3i i-nrnl and _ city property in Kootenai Comity listed for assess- ment purposes, ^ural property is indicated by section, towiship and range; city property subdivision, lot and block nup.bcr, Arr, ctun, by twp,, and rangr nos,; tab guides, Handdravm. 160-500 pp. 24 x 36 x 1-|- - 24 x 36 x Z-g» Aud, off, va, 312, INDEX TO PL.\T BOOKS, 1899—. 1 vol. Alphabetical index to ovmcrs of city and tovm property in Kootenai Ceun-fcy* Gives dato of filing, book and page of record. Hdw. 125 pp. 13 x 8 x 3/^, Aud, off, va. - 130 - Board of Equcdizr.tion (315-^19) 313, PUTS, 1936—, 9 bundles. Hand-dra-wn plats showing all rural property vri. th roads and highways; and all city property with additions, streets, block and lot numbers. Gives names of property ovmers, and tax numbers, Arr. num. by tax no. No index. 20 x 18 X ■4. Assr. offp, on shelf, 314, PLAT BOOK OF COEUR D'AIElffl, CITY, appTdX. 1916, X vol. Hand-dravm plats showing the city of Coeur d'Alene and all additions to the original tovmsite. Gives naries and numbers of streets, blocks, and their subdivisions. Arr. num. by lot and block nos. No index, IS pp. 30g- x 33 X Ig-, Assr. off,, on shelf, 315, i\IAP - TOWl'iSITE OF rjLRRISON, ID/JIO, not dated, 1 map. Political map showing legal divisions of town and dcsifnating three taxing units ovmed by the Cair,;ron L'jmber Company« 1 inch equals EOO feet. Elue*» print, 24 x 32o Poor condition. Assrs "va, 316, MAP " KIGH/IAY DISTRICTS, 1927c 1 map. Political, econo'uic and corjnuni cat ions map showing highvirays in highway dis- trict niunber five, Kootenai County, Shoivs rivers, lakes, and boundaries of national forests. Bureau of Ilighiro-ys. State of Idaho, Blueprint. 1 inch eqauls 2 miles, 84 x 54, Esmt, st, vao 317, MP - IJm PACIFIC HIGIMAY, 1922. 1 map. Communications map showing proposed line for l^ew Pacific Highway from Spokane, Washington to Coeur d'Alene, Idaho, blueprint. State of Idaho, 1 inch equals 2000 feet. 22 x 36, Assr. va, 318, MAP - K00TE1:AI COUOTY, IDAPIO, 1921, 1 mapr. An economic map showing the assessed valuation of property in Kootenai County, Neil So Coventry. Coeur d'Alenoo Handdrawn, Scale not given, 33 X 42, Pj, deputy's off, 319, MAP - COEUR D»ALENE NATIONAL FOREST, 1929. .1 map. Physical and communications map showing lakes, rivers, roads, motjntain rojiges and mountain peaks vathin the area of Coeur d 'Alene National Forests. Depart- ment of Agriculture. U,S, Geological Survey, Printed, 3 inches equals 5 miles, 39 x 32, Assr, off,, on shelfo XII, BOARD OF EQUALIZATION The first territorial legislature made provision for a board of equali- zation to consist of the members of the board of county comriiissionors of each county (L«ToI, 1863-64, sec, 21, Revenue Act, p, 4-04), The underlying theory and principle of such an organization probably antedates the organi- zation of Idaho Territory, A similar law appears in the statute books of the Y/ashington Territory when the compilo.tion v;as made in 1831 ( vrr.sh. Codes 1881, sec, 2873), No indication is given as to when the law v/r.s enacted, iioth Idaho and Washington set up the lav/ under the general Revenue Act, The matter of equalization of taxes has been classed as part of the larger fun- ction of executing the fiscal processes of the county (cf, essay on county governmental organization and records, page 10), The comity oommj.ssionors acting as 0. board of equalization arc tho. funnti onnrics. •• 151 ~ Board of Equcilization (s20) When Idaho Territory vra.s admitted as a state in 1890, tho board of equalization was given constitutional standing ( Const, of Ida . 1890, art, 7, sec. 12), The legal status of the board was not fiivally settled until 1904, Certain acts of tho ooirjnis si oners acting as a board of equalization vrcrc questioned and an appeal v*as taken in the manner prescribed for the taking of appeals from the decisions of the board of county cornEiissi oners, The 3Ui;.rcno court of the state decided that the beard of equalization v^as a legal entity and appeals could not be taken from it in the same maimer as were appeals taken from the board of county comniis si oners unless the Iccvr so speci- fied (Feltham v. Board of County Commissioners, Washington County 1904, 10 Idaho 132; 77 Pac, 332), No law was enacted to specify the method of appeals until 1919, The fifteenth session of the state legislature enacted a law permitting appeals to be taken from the board of equalization in the same manner as appeals wore taken from tho board of commissioners ( L,S,I , 1919, ch, 73, sec, 1, p, 251; I.C,A . 1952, 61-1911), The principal duty of the board of equalization is the adjustment of assessed values and the handling of exemptions » The board of county commissioners r" s required to meet as a board of equalization on thq fourth Monday of June each year to equalize assessments on real property and on the second Monday in July to equalize assessments on personal property. It must consider all exemptions allov/ablc u:adcr sub- divisions 4, 6 and 7 of the Idaho Code /uniotated, 1932 ( l.C.A , 1932, 61- 105), The board m.ust adjourn as a hoard of equalization on or before the third Monday of July each year ( L,T.I . 18b3-64, sec. 21, Revenue Act, p, 404j I,C.A o 1932, 61-401), It is tho duty of the board to compel a proper classification of all assessments and raise or lower assessed values to co- incide with the cash value (R.C. 1908, sec. 1692; l.C.A. 1932, 61-402), If any property has escaped assessment or is not properly assessed the boqrd has the authority to require the asso^-sor to enter such omitted property and correct improper assessments ( R.C . 1908, sec. lG99j I ,C.A , 1932, 61-403). All changes in assessments and all now assessments muTst be entered by the clerk of the board (R.C. 1908, sec. 1700; l.C.A . 1932, 61-404), The board is not permitted to make reduction in assessments if the oviaier has refused to render the proper statements or is otherwise at fault (R,C , 1908, sec, 1680; l.C.A , 1932, 61-405), and all changes in valuation must bo made for the purpose' of equalizing (L cS.I . 1913, ch. 58, i;oc. 60, p, 192J I,C.A . 1932, 61-405), The board is prohibited from increasing the assessed value of any property v/ithout first notifying the ovmcr and giving him. the right to app- ear before the board ( R,C. 1908, sec. 1699; l.C.A. 1932, 51-409), Tj-c clerk of the board is required to make a record of the procecdiiags in the minute book kept by the county coimTiis si oners ( R.C . 1908, sec. 1701; l.C.A . 1932, 61-411). At the end of the session, the board must deliver the assessment rolls with all chongos and additions, to the auditor ( l.S.I . 1913, ch. 58, sec. 66, p. 193; l.C.A ,. 1952, 61-412). No separate records have been reported for Kootenai County. 320, (EQU/ilZATIOn DATA), 1881—. In Commissi mors » Journal, entry 1. Record of cancellations, corrections and exemptions made by the covinty coimnis- sioncrs acting as a board of equalization to sot and adjust valuations of county property or to make changes in tho valuation of taxable property in cases whore the assessment v/as n:t fair to all taxpayt:rs, '^ivcs date of action, narae of property owner, location and description of property. - 132 - Tax Collector (321) statement of facts in matter on v;hich action was taken, assessed valuation of property affected, and stateraont of property value after adjustment was made* 321, (tax protests), 1931—. In Commissionorsi Proceedings, entry J Application, from individuals to the board of county comrais si oners, acting as board of equalization, requesting a reduction in assessed valuation of certain real and personal property* Gives amevmt paid, reason fwp com- plaint, request fer adjustment, and signature of taxpayer. XIII. t/lX collector The assignment of the duties of tax collector to the treasurer is an historical evolution accomplished by a long chain of legislative and consti- tutional dicta. The very complex nature of public revenue collections made for much confusion -which has not yet been fully clarifiod. The public rev- enue was derived frttn a wide variety of sources. Each class of revenue pre- sented special collection problcr.-'js which had to bo mot by special legislat- ion. Changing conditions also created new problems ivhich in turn demanded now laws. The duty of collecting the territorial and later the state and county revenue was assigned and reassigned as the exigencies of the times and condition demanded. The various steps of the evolution of duties are necess- ary only as a moans to an end no.mcly, to show the gro^rfch over a period of time in the process which culxainated in the treasurer being made ex officio tax collector. The thcojry that the duties of tax collecting should be an ox officio duty has persisted fi'om the earliest territorial period to the present time. Never at any time as a general law has an independent office been created for the collection of public revenues although the importance of this duty seemed at times to overshadow most other official duties and responsibilities, When Idaho Territory was created in 1863, the treasurer was not charged with the duty of collecting amy taxes or licenses. It is reasonable to es- sume from this that the evolution v/as brought about by changing conditions. Since there was to be no office of tax collector it Y/as desirable and neces- sary to fix the responsibility on the office most easily sible to perform the duties effectively. When the Idaho territorial government ims established in 1863, popu- lation was scattered and means of travel unsatisfactory. Taxpayers could not and did not come to the county seat frequently and using the mail to transmit money virxs comparatively unlmown. Under these conditions the tax collector must by necessity be some one who could travel thJ?oughout the county and collect tsixcs by mesins of field contacts. The sheriff was the most sutiable person to be assigned this duty; and the assessor a second possibility. It was necessary that the sheriff as a law enforcement officer visit' throughout the county. The assessor likewise was compelled to maJco personal visits in connection with his duties of assessing. The first territorial legislature, among other things, mado provision for a sheriff who was also mado tax collector and charged him with the collection of all taxes (L,T,I, 1863-54, soc, 1, p, 591), The same legisla- ture required him to accompany" the assessor throughout the county unless •" 133 •* Ta^ Collector (Next entry 322, p, IS?) other-wise directed by the board of commissioners. If the commissioners dir- ected the tax collector not to accompany the assessor then he must deputize the assessor to collect poll taxes and taxes on movable- property bdlonj^xng-.-. to persons "vTho did not o-vrn real estste vri.thin the coimty. This responsibil- ity of deputy tax collector of -what -were thnn classified as personal taxes -was not a permanent responsibility of the assessor but lasted on]yiThile he was doing assessment in the field. (ibid,, sec, 24, p» 407,) The personal taxes assigned for collection, to the assessor as dcp-uty collector, vferc to be collected at the time of assessment and if payment vms refused "bhe property -'nsm: to be seized and sold to satisfy the tax lien. If taxes assessed other than these mentioned above v/orc not paid vrhon due, it became the duty of the auditor to turn the list over to the district attorney, •who ivas instructed by la-w to comracncc action, after a specified time, against all persons YJ"ho wctc delinquent, !n pretty much the t-anc vfay as all other suits for collection cf money on mortgages and othciTrise, v/ere prosooutod. (Ibid,, sees, 34, 35j pa 410,') At this point it becomes an unsettled ques- ticn Tjhethor or not the district attorney v;as m.ade delinquent tax collector or -was merely acting in the capacity of a lavj- enforcc;acnt officer. It vfas probably n^t intended that he should be ex officio tax collector. Tax collecting neither as an official nor 021 ox officio daty t.t.s listed c>jnong the duties of the district at-'corney v/hen the office v.'as created by tlie first territorial legislature, (ibid,, sec. 1, p, 573,) Kovertheless, ho had the earmarks of being charged v/ith the duties of tax collecting. Complete charge of the delinquent list vTas given to him and entries of paid taxes vrore to bo made when money yjus received on account of judgments, ^c vas responsible for keeping aocoiint of all taxes collected and making a report on collections and on judgments v\rhcn no collection v/as made. (Ibid., sec, 43, p. 415,) The treasurer comes into the picture at this time not so much as a tax collector but as a recipient of delinquent ta^c moneya It vro.s provided by the first territorial legislature tliat a taxpayer who vas delinquent i:iay pay taxes anytime after the fourth Monday in ilovenber and prior to the time suit vrcs comi-acnced bj^ the district attorney. The money -.vas to be delivered to the treasurer on certificate of the auditor (ibid,, sec, 33, p, 409), This practice vra.s continued in some form until 1919, The di'ty of the district" attorney in the matter of delinquent tax collec- tions vjT.s repealed in 1864 by the second territorial legislature. At the time, the sheriff as tax collector -"/ro-s made responsible for the collection of delinquent tf^xcs and the method of collection changed. If persons becaiiic delinquent the tax collector, after a specified time, v/as authorized to sell the property at public auction and issue a sale certificate to the purchaser; all real property v;as to bo auctioned at the court house and personal prop- erty seized and sold any/-j-here, (Ibid,, sec, 36, p, 348,) Tho third session of the Idaho territorial legislature changed the function of the assessor from deputy collector of certain personal ta>:cc to ex officio collector of these taxes ( L.T.I . 18S5-S6, ch, 29, p. 167). He v/us charged -with collecting all taxes due on any assessment of personal property -whatsoever and poll taxes, hospital to^es and other taxes of a per- sonal or per capita nature, v.'-ith the exception of road taxes -which -vroro to be collected by the road supervisors (ibid,, ch. 29, socs, 5, 6, p. 168), - 134 - Tax Collector (Next entry 322, p. 138) The legislature of 1867 rc-dcfined the duties of the assessor as ex officio tax collector by authorizing him to ccllcct all poll taxes, per capita and hospital taxes (except foreign nincrs' licenses) and all taxes on movable property if the ovmer did not possess a corta.in amount of real estate. All of these taxes were to bo collected by the assessor only dur- ing the period while he was completing his assessment. An exception ^vas made in Boise County vdicn the assessor was made ex officio collector of o.ll poll taxes, per capita and hospital taxes ard all taxe s upon ■ real and-personal propolty.. ( I.T.I. IsaSi-e?, ch, 3, sec. 6, p. 430. And again in 1878-he was made officio tax collector of all taxes and licenses in Ovvyhee County not only during the assessment period but at all times ( L.T.I. 1876-77, sees, 5, 7, p. 47)» The duties of the sheriff as ex officio tr^ collector of all other taxes v/as re -affirmed at that time and by the same act. The Revenue Act Y/as amended a(^ain in 1868-69 re-defining the duties of the assessor as ex officio tax collector and specifying further the taxes which the assessor should not collect. Besides the licenses of foreigh minors mentioned above the assessor was not authorized to collect traders, gambling, hurdy gurdy and bavrcly house licenses* ( l,T«I « 1868-69, ch, 1, sec, 27, p. 32.) In 1868 the district attomej'- vras again charged with the collection of delinquent taxes by a law similar to the one passed in 1863, and the duty of the tax collector to sell property at public auction in front of the court house and issue a certificate of sale therefor T/as repealed ( ibid ., ch. 1, sec, 36, p, 37), In 1871 the sheriff was made delinquent tax collector with full povrers to sue ( L.T.I . 1870-71, p. 38). Again in 1875 the district attor- ney -was charged vjlth the collection of delinquent taxes, which duty attached to the office until 1381 ( L.T,I , 1874-75, sec, 36, p. 494). The chain of events making the assessor legally ex officio trjc collector vro.s made complete when the legislature (1880-81) divested the sheriff of all tax collecting (not including the various types of licenses) duties and assign- ed the same to the assessor and vested him with all the authority v/hicb. the sheriff had since 1863. At the same time the responsibility for enforcing the collection of delinquent taxes vias transferred from the district attorney to the assessor and the provisions for selling the property at public auction and issuing a tr^ sale certificate to the purchaser, vj-hich had formerly been passed by the second territorial legislature and repealed, was rconacted and used; ( L,T.I . 1380-81, sees. 1, 5, pp. 235-237.) With the exception of Nez Perce County, v/herein the troa.surcr was made tax collector of some taxes by the legislative session of 1884-85, the mr.ttor of tax collecting v/as settled for the remaining territorial period. The Idahc territorial legislature mooting in 1864-85 enacted a law re-affirming the re- sponsibility of the assessor to collect personal and poll taxes of non-resi- dents but vested the responsibility for the collection of these taxes from residents in the county treasurer of Nez Perce County, ( L.T.I . 1884-85, sec, 2, p. 142.) This ma.rks the first time tho.t the treasurer was designated as ex officio tax collector of any taxes. The following legislature in 1887 enacted a law making the treasurer responsible for receiving money from persons who vy-ished to redeem their prop- erty from tax sale when the certificate was held by the county and before the property was deeded (R.S. 1887, sec, 1554). This is a further developraen"l « • » - 135 - Ttoc Collector (llcxt entry 322, p. 138) of the law passed in 1863 authorizing the treasurer upon the order of the auditor to recoive delinquent taxes after tho fourth Monday in Novonbor and ticforc the district attorney had comracnccd suit for collection ( L>T»I > 1863-64, sec. 33, p. 409), 'vVhen Idaho became a state in 1890 the legal duties of the assessor as ex officio tax collector v/ore made constitutional and remained so until 1913 (Const , of Ida . 1890, art. 18, soc, 6; L.S.I . 1913, ch. 128, div. 7, p. 4767; In the interim, 1890 to 1913, the treasurer vra.s givon a greater measure of responsibility for the acceptance and care of delinquent tax money. The Idaho state legislature enacted a law in 1901 making it mandatory upon the auditor to offer for sale all tcjc sale certificates acquired and held by the county by reason of being the purclmser of real property sold for delinquent taxes, and making it possible for anyone to purchase those by depositing the purchase price vrith the treasurer en order of tho auditor (l.S.l . 1901, sec, 131, p. 279), As a fujrthcr development of the to^z collecting duty later to be assuKiod by the treasurer as ex officio tcjc collector, a law was passed in 1905 making the assessor, then the ex officio tax collector, responsible for the collect- ion of tcjces levied at the instance of independent tojcing districts such as towns, villages and independent school districts ( L.S.I . 1905, sec, 6, p. 5). The Idaho State Constitution v/r.s amondcd in 1912 commanding the legisla- ture to enact a law making the treasurer ex officio tax collector, (Amendment 22, L.S.I . 1913, p. 677), Such a law vra.s enacted in 1913 and made to take effect on the second Monday of January 1915. ( L.S.I . 1913, ch. 128, div. 7, p. 476.) The constitutional amendment making the treasurer ex officio tax col- lector remained imchanged imtil 1928 and should have been the guiding prin- ciple in the collection of all taxes. However, there seems to have been much confusion in the practice of collecting personal and delinquent taxes. Be- tween 1915 and 1919 the matter of the collection of delinquent taxes V'ra.s a divided responsibility between tho auditor and the treasurer bttt not as ex officio tax collector, ^e tas oolloctor v/as, however, charged ivith the re- sponsibility of making delinquency entries on the rolls and lArith making deli- nquency certificates issued to the county auditor as grantee in trust for the county ( L.S.I . 1913, ch. 58, art. 8, sec. 120, p, 211), IVhen the certificates were redeemed the treasurer v/as authorized on tho order of the auditor, to accept money paid in redemption thereof and to deposit it to the credit of tho county ( ibid. , ch, 58, art. 8, soc. 129, p. 215). ^his is an extension of tho same method of collection used in 1863 when the taxes were redeemed before suit v/as commenced and again in 1887 and 1901 when tax sale certifi- cates held by tho coujity were rodoemcd or sold to purchasers. In 1919 the matter of delinquent tax collections vra.s transferred by statutory enactment to the treasurer as ex officio tax collector (L.S.I, 1919, ch, 77, sec. 1, p. 278); a duty which the treasurer ho.d by reason of constitutional amend- ment since 1912 and by supporting legislation since 1915 (supra). The duty of collecting personal taxes is still confused in practice. The legislature v/hich made the treasurer ex officio tcjc collector in keep- ing with the constitutional amendment passed a law which in effect left the - 136 - Tax Collector (Next entry 322, p. 138) duty of collecting personal taxes to the assessor. He -was charged with the responsibility of making assessments on personal property and collecting the tax at the time the assessment was made (L«S«I« 1913, ch« 58, art, 9, sec. 149, p, 221). After the treasurer wa.s mado ex officio tax collector by con- stitutional amendment and supporting legislation was passed in 1913 and became effective in 1915, the assessor still collected personal taxes and has continued to do so up to the present time with the exception of tho years 1927 and 1928, However, laws passed on the Piattcr of the collection of personal taxes in 1917 indicated strongly that the collector of personal taxes vra.s the trea- surer, The vrording of the statute vras as follovj-s: "If the county treasurer or tax collector is unable to fund goods or chattels from which to collect by distress or otherwise the taxes or any part thereof which may have been assessed upon tho personal property of any person. . « such treasurer shall file with the county auditor on the first day of April following, a list of such taxes with his affidavit. • . • stating that ho has made diligent search ot cetera," .... (L.S.I, 1917, ch. 55, sec. 181, p. 141), And again: "In case any person rcTusccT to pay the levy on personal property . . • , the tax collector shall notify the sheriff and the sheriff must seize and sell so much • , * • as will be sufficient to pay such tax", . • • ( ibid ,, ch, 55, sec, 18C, p. 143). In.- 1919 laws were passed placing responsibility for the collection of personal taxes, not a lien on real estate, on the assessor by the enactment of a lurw very .similar to one enacted in 1913 (see L.S.I , 1913, ch. 58, sees, 148-151), and emphasizing the fact, by italicized vj-erds, that the assessor was to be tho collector of personal taxes ( L.T.I . 1919, ch, 75, sees, 8-10, pp, 261-262), Yet no amendment to the constitution was adopted before 1928 which would give him this right. In 1927 the legislature amdnded section 3267 of the Idaho Compiled Statutes making the tax collector instead of tho assessor responsible for the collection of personal taxes ( L.S.I . 1927, ch, 233, p, 345), The law was approved March 12, 1927, The same legislatiirc in another act, approved March 15, 1927, repealed section 3267 of the Idaho Compiled Statutes without reference to its being amended by a previous act (ibid,,ch, 263, p. 560), The constitution vra.s amended by the electorate in 1928' nullifying the part of article 18 section 6 making the treasurer ex officio tax collector and gave the legislature the right to designate who should be tax collector. In 1929 the legislature enacted a lavj- amending sec- tion 3267 of the Idaho Compiled "Statutes as amended in 1927 (supra) making the assessor responsible for the collection of personal property taxes (L,S.I. 1929, ch. 263, sec. 4, p. 587), The section had already boon repealed. IVhen the constitution was amended in 1928 eliminating the constitutional office of ex officio tax collector, the statute previously enacted providing for tho electiion of county officers v;as not amended. The treasurer is still ex officio tax collector by this former statute ( l,C.A , 1932, 33-202), and oth- ers, (See I.CA , 1932, 30-1501, 30-1602,) The nature of the personal tax collecting responsibility is as it v/-as in 1863, a duty v/hich must bo performed for the most part by some one vfhose official duties require field contacts. The duties of collecting taxes on roal property have rightly been made a part of the duties of the treasurer. An enumeration of them follcvs: - 137 - Tax Collector (Next entry 322, p. 138) It is the duty of the tax collector as such to prepare tax notices to be mailed to the tajcpayer prior to the fourth Monday of Ifovember of each year ( L.S«I » 1911, ch, 121, p, 383j I.C.A. 1932, 61-1003), The tax collect- or must also prepare duplicate tax receipts (R.C« 1908, sec, 1734; I.C«A , 1932, 61-1005), The original of these receipts is given to the taxpayer when taxes are paid and the duplicate is kept as a record ( R»S » 1887, sec, 1735 ; I,C»A , 1932, 61-1008), TA/hen taxes are paid, the collector enters the pay- ment s on a register kept for tliat purpose ( L,S,I , 1913, ch, 58, sec, 118, p, 210; I«C.A , 1932, 61-1007); and makes monthly reports to the auditor on all taxes collected. When taxes are not paid and become delinquent it is the duty of the tax collector to extend the delinquency vdth the penalty added, on the real property roll ( L,S,I . 1913, ch. 58, sec, 120»-p,21Q; . I,C«A. , 19e2, 1009), In January of each year the roll must be delivered to The auditor (see R.C , 1908, sec, 1739; I.C,A . 1932, Sl-lOlO), and the auditor makes a charge against the tax collector for all delinqueni; taxes ( R»C . 1908, sec. 1741; I.C.A , 1932, 61-1011), In July follovdng the second collection, the same procedure is followed ( R.C , 1908, sec. 1739; I.C.A . 1932, 61-1012), The tax collector is by law made liable for all taxes entered upon the real property assessment roll ( L.S .I, 1913, ch, 58, sec. 125, P'» 214; I.C.A . 1932, 61-1013). If such taxes bee c^io delinquent and are paid after delinquency and before deed is made to the counter, the tax collector must note the pay- ment in the proper column in the real property assessment roll ( L.S.I , 1913, ch, 58, sec. 126, p. 214; I.C.A . 1932, 61-1014), And as evidence of such payment he must issue a receipt to the ta:>cpayer ( C»L , 1918, 133:128; I,C,A . 1932, 61-1018). The tax collector is required, upon receiving money for delinquent taxes, to turn it over to the treasurer on the authority of the auditor ( L.S.I , 1913, ch. 58, sec. 159, p. 215; I.C.A. 1932, 61-1019), For all delinquent taxes collected during the month, the tax collector must have a monthly settlement with the auditor and receive credit for all collections ( C,L , 1918, 133:130; I.C.A . 1932, 61-1020). If delinquent taxes are not col- lected within the time prescribed by law, it becomes the duty of the tax col- lector to issue a deed to the county ( R,C . 1908, sec. 1763; I.C.A , 1932, 61- 1025), If after a deed is issued to the county and the property is redeemed as allowed by lav/, the tax collector is required to issue a redemption deed to the taxpayer ( L,S,I , 1931, ch, 85, sec, 1, p. 144; I,C.A , 1932, 61-1033), The only record the tax collector is specifically required to keep by law is a collection register (L »S,I . 1913, ch, 58, sec, 118, p. 210; I,C,A , 1932, 61-1007), The assessment roll which is being listed as a tax collector record, because it is made up for his use, is required to be made by the as- sessor (see Rj»£, 1908, sec, 1728; I,C,A , 1932, 61-322), Also an index to the- assessment roll is made by the assessor (LaS,I» 1913, ch. 58, sec. 47, p. 187; I.C.A . 1932, 51-314), Hovrever, the duties of tax collecting necessi- tate the keeping of other records as follows: Certified lists of tax levies from independent taxing districts (see R.C . 1908, sec, 1721; I.C. A, 1932, 61-812), County tax levies and valuation (L. Sol , 1913, ch, 58"^^ sec, 102, p, 205; I.CA . 1932, 61-811), Tax receipts~l'n duplicate (see R.C. 1908, sec, 1734; I,C,A , 1932, 61-1008), Delinquency tax receipts ( c7l7 1918, 133: 128; I.CA , 1932, 61-1018), Order for adjustment of taxes ( C.S , 1919, sec, 3332-A, as added by L,S,I , 1925, ch, 193, sec, 1, p, 357; I,C,A , 1932, 61- 1903), Receipts for partial redemption (L.S.I, 1917, ch, 82, sec, 1, p, 294; I,C.A . 1932, 61-1024), Delinquent tax' cash book (C,L. 1918, 133:128; I,C,A , 1952, 61-1018), ^^eports to auditor of delinquent -taxes collected (C.L. 1918, 133:130; I.CA. 1932, 61-1020), Tax stubs (see R.C. 1908, sec. - 138 - Tax Collector • Assessgients; Tax Collections (322-325) 1735; I«C.A . 1932, 61-1006). Notices filed by mortgagees ( C.S . 1919, 3304-B, as added by L,S,I , 1927, ch, 233, sec. 4, p. 347} I,C.A . 1932, 61-1603). Reports made to auditor on collection of current taxes ( L«S.I « 1913, ch, 58, sec. 199, p. 238; I,C«A . 1932, 61-1803), Original tax anticipation certifi- cates ( L.S.I , 1933, ch. 20, p. 26), The records in the tax collector's office in Kootenai County are those required by statute or made necessary to the performance of the tax collect- ing duty. The tax collector is not a keeper of permanent records. Most of those found in the office are for current .use. Some gaps occur in dates. Unless this is due to incomplete listing of the records, some of the older records have not been preserved* Assessements (See also entries 273w283) 322, ASSESSMENT ROLLS, 1887-89, 1891--, 208 vols. An orderly listing of all real property in Kootenai County for the purpose of levying taxes, *^ives tax notice number, name and address of owner, lo- cation, description and valuation of each parcel, value of itemized improve- ments, value of personal property, whore attached to real property; exempt- ions, if any; commissioners' equalized value, distribution of amoimts due various units, amounts of first and second payments, and total tax; if del- inquent, penalty, interest, and total are shown with date of payment. Rural rolls arr, num. by twp, and range nos.; city and tovm rolls arr. num. by lot and block nos,; tab guides. No index 1887-89, 1891-1916; for indto 1917—, see entry 323, Hdw. on printed form, 50-176 pp. 14 x 17 x 1 - 17 x 28 x l-l, 154 vols,, 1887-89, 1891-1927, bsmt. st, va.; 54 vols., 1928—, tax col. va« For Abstract of Real Property Assessment Rolls, see entry 386, 323, INDEX TO ASSESSMENT ROLLS, 1917—. 20 vols. Alphabetical index to Assessment Rolls, entry 322; by name of taxpayer, •^ives address of taxpayer, book and page of record, Hdw,, and hdw, on pri- nted form, 125-210 pp. 16 x 11 x if - 16 x 11 x 2, 1 vol., 1917, bsmt. st, va,; 19 vols,, 1918—, tax col, va, 324, SPECIAL ASSESSMENT ROLLS, approx, 1906—, Approx, 4 vols,, 1 bundle. Title varies slightly. Record of taxes for special improvements such as sewers, lighting, paving, sidewalks, sprinkling, and v/oed control, to be collected with regular taxes. Gives name of record owner, address, property assessed, valuation, and amount of assessments, Arr, alph, by najiio of taxpayer; tab guides. No index. Vols,, 63-70 pp. 16 X 18 X 1 - 16 X 23 X -|-; bundle, 16 x 18 x -|. 1 vol., 1906-9, bsmt. st, va,; 1 bundle and approx. 3 vols., 1910— ^ tax col, va. Tax Collections (see also entries 286-291) 325, TAX COLLECTOR'S REGISTER AND LEDGER, 1893-1912, 1914—, 16 vols. 7 bundles. Title varies slightly. Record of all taxes collected from various sources and apportioned to various funds. Gives date, receipt number, total amount paid, and segregated amounts -» ■■ ;-A »■-•■■»- V ■ .■■,*^-. S J t * i; ■■ li.hKff'^r ^v'. ■ .-.. , - 139 - lax Col lector* Reports - (3?',C-330) croditod under state, county, special town, special road, special highway, and special school funds. Arr« num. by receipt no. 1893-1912, 1918— j arr. alph. by name of taxpayer 1914-17, No index, Hdvf, 1C93-1912, 1914-1917; machine posted 1913 — • '^ols., 40-200 pp. 13 x 18 x 1 - 17 x 24 x 3; bundles, 12 X 18 X 3, 14 vols*, and bundles, bsmt, st, va.j 2 vols,, tax col. va« 326. RECORD OF TAX COLLECTIONS, CURPJENT AND DELIMQUEl'IT, 1916—. 1 bundle, 4 vols. Scrap-book record made from cash register rolls, pasted into books. Gives amoLm.t of current tax collections, receipt number; totals for each day and date are written in pencil, Arr, chron, No index. Printed, ^undle, 23 x 18 X 14; vols,, 75-125 pp. 23 x 18 x 4. 3 vols,, and bundle, bsmt, st. va,; 1 vol,, tax col. va, 327. TREASURER'? DELINQUENT TA.X RECORD, 1915—., 1 bundle, 4 vols, Title vari'33: In Accoimt Daily Cash, 1915"21, 1 vol. Varying record of daily cash receipts for delinquent taxes. Record 1915-21 gives only dato^, and amount received, ^'^cord 1922-27 gives date, serial num- ber, receipt number, total amount, segregated ainounts xmder state, county, special road, special tovm, special hi^hv/ay, special school, and city improve- ments, F^ecord 1929— gives tov: certificate numbers,-, segregated amounts under various funds, total tax, penalty, interest, date paid. Arr, chron. No index Hdw, 1915-21, machine posted. 1922-27; hdw. and typed 1928 — , Bundle, 17 x 14 X 1; vols., 300-500 pp. 13 x 17 x l| - 13 x 19 x 4. 2 vols., 1915-27, bsmt, st, va,; bundle, 1925-28, tax col, va,; 2 vols,, 1929—, tax col, off. 328. TAX RECEIPTS, 1907-21, 1933—, 1 stack, 1528 vols. Duplicates of original receipts issued upon payment of current or delinquent taxes, ^ives date, name of taxpayer, receipt niffiiber; if first or second installment or in full; if on delinquent taxes gives certificate number, and year for which delinquent; description of land by section, tovmship and range, or lot and block numter, value of property, amount of improvement, segregated amoxmts due the various taxing units, total tax, signature of ta:: collector. Arr, num. by recoipt no, Ko index, Hdwo on printed form. Stack, 50 x 90; vols,, 50-200- pp. 9 X 8 X ^ - 9 X 8 X l|-. Stack, 1907-17, and 1287 vols,, 1918-27, bsmt. st. va,; 241 vols., 1928 — , tax col, va. 329. (DELINQUENT TAX RECEIPTS), 1915—, 346 vols., 1 bundle. Duplicates of receipts issued to persons making paym.cnts upon delinquent taxes. Gives certificate number, name and address of ovm.er, description of property, interest, total amount of delinquency, and distribution of tax among the var- ious taxing units, Arr, num. by receipt no. No index, Hdw. on printed form. Vois,^ 20-50 pp. Si- x 8-| x 4; bundle, 8|- x 8^- x 5. Vols,, 1913-27, bsmt, st, va,; btindlc, 1928—, tax col, va. Reports (See also entries 32-34, 264, 265, 352-356, 410-416) 330. SEMI-ANNUAL SETTLEI.5ENTS, 1914—, 1 cardbaord folder. Copies of tax collector's financial statement to auditor in reporting current tax collections over a six months period. Gives total aijiounts due under tax- ing unit, amounts collected vrndor each; rebates, corrections or exemptions allowed, if any; and uncollootod amounts due each unit. Ai-r, chron. No index, Hdw. -on printod form. 14>;- x 9x3, Tax co3, off., on sliolf. ? •• 140 - Tax Colloctor^ Apportionments J Delinquent (231-o36) Taxes Apportionments (See also entry 325) 331, APPORTIONMENT OF DELINi^UENT TAX CERTIFICATES, 1915-27. 1 bundle. Itemized statements shoviring authorized apportionments of dolinqucnt taxes among the various taxing units, ^ivcs total amount, and segregated amounts of previous delinquencies carried forv/ard; each certificate by number with amoujits apportioned \»idor various imits, total tax, DJid penalty. Arr, chron. No index, Hdw. on printed form. 14-|- x 9 x 3. Bsnt, st, va, 332. APPORTIOKI;IENT OF FERSOI'IAL PROPERTY T/iX, 1915-23, 1 stack. Itemized statements showing aut?i6rizod apportionment of personal ta::es col- lected for various 'taxing units.- ^ives date, total amoiznt, and segregated amoionts credited under various accounts... Arr. chron. No index. Hdv/, on printed form. 14-o- x 9 x 1-|-, Taix, col. va. 333o TAX COLLECTOR'S APPORTICM'.IEI"T, 1919^ 1 bundle. Itemized statements shovri.ng apportionrae:"..t; of s.iecial sc?iool taxes collected and distributed among various school districts. Gives date, amount, and district number to which credited. No orderly arr. No index, Hdw. on printed form. 18 x 12 x %-» Tax .col. vag Delinquent Taxes 334, REGISTER OF TAX SALE CERTIFICATES, 1903-13, 2 vols. Discontinued. Record of certificates, conditioned by rights of redemption, issued by the tax collector to purchasers of property sold at public auction for delinquent taxes, ^ives certificate number, date of certificate ;, name and address of party assessed, description of property^, year or years of delinquency, amount delinquent, name of purchaser, and purchase orice. Arr. niun. by certificate no. No index, Hdw. on printed head. 100-202 pp. 12 :: 17 x 1 - 15 x 16 3/4 X 2. 1 vol., 1908-9, bsmt. st, va.; 1 vol., 1910-13;, tax col, va. For Assessor's Register of Tax Sale Certificates, see entry 300, 335, REGISTER OF DELINQUENCY CERTIFICATES, 1914-22. 2 vols. Discontinued, A^jstract record of conditional conveyances issued by the tajc collector to the auditor as grantee in trust for the coujity, covering property upon which taxes have become delinquent. Gives certificate number, date of certificate, year of delinquency, amoimt and distribution of tax, na.me and address of party assessed, and conditions under which dood can be obtained, Arr. num. by certificate no. No index, Hdw, on printed hoad. 200 pp. IQ 2/4 r. :. 1^- X 1 3/4, B3n.t. st, va. For auditor's register of delinquency certificates, see entry 388, 336, TiiX SALE CERTIFICATE NOTICES (Notices of Pending Issue of Tax Deed), 1934, 2 bundles. Tax Collector's notices issued by him to persons lc\'ying delinquent taxes on property that is to be deeded to the county. Gives yoar, amovjit of tax^ name of person assessed, number and date of delinquency entry, description of property, amount of penalty, total tax plus r>cnalty, date, and signature of treasurer and deputy. No ordnivly arr. No -indo^. ''•yp<"!d ^'n printed form, 11 X b|- X 2. Bsmt, st, va. ' .!/: \.' :■ » ■1- ?■!■.,■. .:;,-j. - 141 - Trecaurcr (337-340) 337, (TAX DEEDS), 1919-31. 15 stacks. Discontinued, Duplicates of Tax Deeds, entry 48, Arr, chron. No index, Hdw, and typed, 14 X 9 X ll. Stacks, 1919-27, tax, col, va.j stacks, 1928-31, tax ccfl., of£. For recorder's record of tax deeds, soo entry 47, 338, LEDGER ACCOTOIT OF TAX ANTICIE/iTION FlffiD, 1933—. 1 vol. Daily record of amounts deposited for which certificates have been issued. Gives name and address of payer, date of payment, certificate number, prop-* erty involved, debits, credits, and balance, Arr, chron. Indexed alph, by name of taxpayer, Hdvr, 10 x 8 x 3, Tax lol, off, 339, TAK ANTICIPATION CERTIFICATES, 1933—. 1 folder, 1933— also in entry 363, Original certificates issued by treasurer which liave been returned in proof of amo\mts to be credited to taxpayer and marked to indicate application of such amounts. Gives date, name and address of taxpayer, amount of deposit, conditions of payment, and signature of county treasurer, Arr, chron. No index, Hdv/, on printed form. 10 x 4>i- x 4. Tax col, ofif , 340, DEPOSITS TO TAX ANTICIPATION FIM), 1933—, 2 folders. Title varies slightly. Bank deposit slips verifying amounts of money credited to tax anticipation fund and for vriiioh auditor's certificates have been issued. Gives date, name of depositor, amount paid, and signature of bank official; aleo typed lists of auditor's certificates to receive into treasurer's accoi-int the tax anticipation certificates. Arr. chron. No index. Hdw. on printed form, 10 X 4-1" X 1 - 10 X 4|- x 3, Tax col. off, XIV. TREASURER The first territorial legislature of Washington Territory, of which Idaho was a part, made provision for a county treasurer ( L.T.W . 1854, p. 426). When Idaho Territory was organized from a portion of Washington Territory and a territorial government set up for that portion, designated as Idaho Terri- tory, the first legislature provided among other officers, for a treasurer to bo elected or appointed for a period of two years ( L.T.I , 1863-64, sec. 1, p. 591). No indication was found as to v/hat the practice of the various counties vnxs , in the earlier years of the territory's history, with regard to the method of choosing a treasurer. It T/as provided that the treasurer hold office for a period of two years from the time of entering upon the dutie-B of his office and until his successor ^vas chosen and qualified (ibid,, sec, 107, p. 499). Wicn Idaho Territory became a state, the oonsti^ tut ion as adopted made it mandatory upon the legislature to pass lavre pro- viding for the election, among other officers, of a treasurer to hold office for a period of t'.vo years ( Const, of Ida . 1890, art. 18, sec, 6), At first the povrars and duties of the treasurer were simple but, as county and other functions of a local nature expanded, his functions also became more extensive. In 1881 he vra.s made ex officio public administrator (L,T,I. 1880-81, sec, 1, p. 292), In 1912 ho was made ex officio tax collcc- tor by constitutional amendment (Amondmcnt 22, L,S,I . 1913, p. 677) and as- suraed the duties of that office by legislative authority in 1915 ( L,S.I , 1913, ch, 128, sec, 1, p, 475), Prior to this time, the treasurer in Noz Perce County collected personal and poll taxes assessed against residents - 142 - Treasurer (Next entry 341, p. 145) of the county, after the fvinction of tax collecting, in general had been made a duty of the assessor (L.T.I, 1384-85, sec. 2, p. 142), The t^.'/elfth session of the state legislature made possible the organization of drainage districts ( L,S.I , 1913, ch. IG, sec, 1^ p, 58; I,C,A , 1932, 41-2501) and by implication, made the county treasurer treasurer of all drainage districts organized ( L,S.I . 1913, ch. 16, sec. 29, p. 75; I.C.A, 1932, 41-2550), The 1921 legislative session made him ex officio trcasl'.ror of all common and joint common school districts (L,S,I. 1921, ch, 215, sec. 35, p. 442; I« C,A > 1932, 32-603), In 1929 he vro.s mado~*ex officio treasurer of unorganised sch- ool districts ( L.S.I . 1929, ch. 101, sec. 2, p. 165; I.C.A . 1932, 32-402), The 1931 legislative session authorized the establisluucnt of port districts and provided that if any such districts vrorc established, the county treas- urer should become the treasurer of the port district ( L.S,I . 1931, ch. 201, sec, 6, p, 361; I,C,A. 1932, 68-106), Again in 1937, the county treasurer ■vms made ex officio treasurer of Taylor :rrazing districts organized vj-ithin the counties of Idaho (L,SoI. 1937, cho 28, sec. 2, p, 40), The ex officio duties mentioned above vritli the oxcoptior! of those of tax collector and public administrator, are very similar to the regular duties of county treasurer a:id the lav;3 governing the county office also govern them. Most of the ex officio duties are vrall defined and not confusing. How- ever his ex officio duties except as public administrator, involve the col- lection of taxes, for the most part, a duty which bclon^-s to the treasurer as ex officio tax collector. The statutes are net always clear as to v;hother or not the duty is being assigned as a tojc collector's or a treasurer's (ffuty. One of the most extensive duties, that of collecting revenue for independent taxing units, is listed among the duties of the treasurer (L,S,I, 1913, ch, 58, art, 6, sec. 104, p. 206; I.C.A . 1932, 61-814), In the same act and section, the duties of a.pportioning the revenue, a treasurer's duty, is outlined. A lavj- was enacted in 1933 making it the duty of the trcasv.rer to accept deposits on taxes "jid issue tax anticipation cortificates to the depositor, to be used later in the payment of taxes (L ,S.I, 1933, ch. 20, p. 26), Usu- ally tax collecting procedure begins with the tax collector, who collects money on account of ta:^:cs levied, and later is completed by the acceptance of tho money by the treasurer on the order of the auditor. The above law reverses tho process, -^^hc treasurer initiates the transaction and it is completed by the tax collector upon acceptance of tho ta;^ anticipation certi- ficates in payment of taxes. The powers and duties of the treasurer as ex officio tax cclloctor and ex officio public administrator have been treated in the essays on these offices. Other powers and duties are listed bclov/. In general the treasurer must take the oath of office ( L,S,I , 1895, sec, 1, p. 139; I.C.A . 1932, 57-404) and give bond to the county ( L.T.I . 1863-64, soo, 108, p. 409; I.C.A, 1932, 30-1515), He must receive all moneys due and accruing to the county or which are required by law to be paid into the treasury. H-o must keep an account of the receipts and exponditure.s of all such money in books of specific form provided for that purpose, ■'^e must file and keep the certificate of the auditor delivered to him vdion moneys are paid into the treasury. He must so keep his books as to show the toto.l p.m- ounts received and disbursed and the separate amounts received into and I J - 143 - Treasurer (Next entry 341, p, 145) disbursed from ccch fu:id. He must enter no money received from the current yer.r on his account Y/ith the county for the past fiscal year until after his annual settlement mth the auditor. He must disburse no m.oney only on county v/arrant, ( L.T«I . 1863-64, sec, 112, p. 500; I.C.A. 1932, 30-1601.) The treasurer may receive money into the treasury only on the certifi- cate of the auditor, ( R.S . 1867, sec. 1841; I.C.A« 1932, 50-1603) and 7/hen received must receipt the depositor therefor CL « T « I » 1863-64, sec* 113, p. 500; I .C.A . 1932, 30-1604), Vifhen a v/arrant is presented for payiaent he must pay it if there is money In the treasury ( L«T»_I > 1863-64, sec. 115, p. 500; I.C« A. 1932, 30-1605). If there is no mcney in the treasury he must indorse the fact on the -wr.rrant v/ith the date and his signature ( L.T.I . 1863- 64, sec, 116, p. 500; I.C. A. 1932, 30-1606). The treasurer must keep a vmrrant bulletin board to"e usec^ f->r the posting of notices of Y^r.rrant calls ( L.S. I. 1399, sec, 1, p. 454; I.C.A. 1932, 30-1607) and v.iion there is suffi- cient money in the treasury to pay one thousand dollars vrorth of outstanding warrants, he must posb notice of a vra.rrant call (LuS.I. 1899, sec, 3, p. 434; I.CA , 1932, 30-1609)o Wnen ^varrants are paid the tL-oasurer must note tlic amount of interest and enter it separately on his accounts ( L.T.I . 1863-64, sec, 118, p. 501; I_.>^*A. 1932, 30-1611), It is the duty of the treasurer to register all bonds whicli lir.vc been sold and to deliver them to the purchaser as directed by the governing body ( L.Sd o 1927, ch, 262, sec. 6, p. 554; I.C.A. 1932, 55-219), On the first Monday of each month the treasurer must make a statement to the auditor and settle vri.th him on account of all moneys received and disbursed during the previous month ( R«5 . 1oo7, sec. 1850; I.C.A. 1932, 30-1612), A report of the operation in funds ;"ust be m.adc to the commissioners each quarter (R.S, 1667, sec, 1851? I.G.A. 1932, 30-1613) and a joint report must bo mxide quarterly to the commissi ners by the auditor ojid the treasurer ( RbG , 1867, sec, 2010; I^C.A . 1932, 30-1805). ^Ynnually on the first Tuesday after the first Monday in January, the treasurer must have a settlement with the auditor in the presence of the board of comm.iss- ioncrs v/hosc duty it is to supervise the settlement ( R.S , 1887, sec. 1850; I.C.A . 1932, 30-1612)* The treasurer has power to appoint one or more deputies as the duties of his office require ( R.S , 1887, sec. 1815; I,C,A . 1932, 30-1505), He must keep his office open betviToen the hours of 9:00 a.m. and 5:00 p.m. (L,T,I, 1863-64, sec, 125, p, 502; I.C^A , 1932, 30-1509), Ho must issue licenses to peddlers when application is mr^.dc for same and the fee paid ( L.S,I , 1905, sec, 3, p. 97; I.C.A . 1932, 53-1904), It is the duty of the county treasurer to report not later than the second Monday of February of each year, to the recorder, the total amount in the county bend redemption fund and the separate amounts in the bond redemption funds of the comjtion school districts ( l.S.I , 1925, ch, 132, sec, 2, p, 190; I,C.A . 1932, 55-305), The county treasurer yust bring an action against the county attorney for failure to turn over funds collected by him for the county ( R.S . 1SG7, sec. 1853; I.C.A. 1932, 30-1615) and likevdse mtist institute a suit' against any coroner' v;ho fails, for a period of thirty days, to deliver money found on the bodies of dead persons and not claimed by legal representatives ( T,,T ,I. 1863-64, sec, 145, p. 506j I.CA. 1932, 30-1616). "Ihcn any such money or property is received from tlTc-lSoroner, the treasurer must sell the property mthin thirty days and credit the proceeds, with any other money found, to the eounty (L.T,I . 1863-64, sec. 146, p. 506; I.C.A , 1932, 50-1617). If the money is demanded vdthin six years by the legal representatives of the do"-- ceased the treasurer must deliver it to them (L.T.I, 1863-64, sec, 147, - 144 - Treasurer (Ifcxt entry 341, p, 145) p, 506j I,C,A » 1932, 30-1618), All r.ioncy collected on account of independ- ent taxing units must be received into the treasury and paid out according to lav/ ( L.S.I . 1913, ch. 58, sec, 104, p. 206; I.C.A. 1932, 61-814). mien any moneys arc received by the county treasurer from the state trcas\-rcr on account of forest reserve fund cellecticns, the county treasurer ru-t properly apportion it (L .S.I . 1007, sees. 1, 2, p. lS2j I .C.A . 1932, 6G- 1108), The county treasurer must collect all transfer taxes and credit ten percontu:n to the county and remit ninety per centijn to the state treasurer and must make a report of collections to the state auditor ( L.S.I . 1929, oh, 243, sec. 23, p. 496j I.C.A . 1D32, 14-423). ^^c i.iust keep a separate account with each of the school districts and place to the credit of eacli district the amoi:aits certified to him by the ccanty superintendent and pay out the same on the orders of school district officers ( L.S.I . 1893, sec, 31, p, 187j I.C.A . 1932, 32-807), In addition ho must na':e quarterly reports to the county superintendent of receipts, disbursements and balances of each district and send a copy to the district officers ( G,S , 914A as addbd by L»S._^. j931, ch, 161, sec. 5, p. 273; IcC.A, 1932, 32-812), All stolen unclaimed property must be deliverec to the county treasurer who must sell the same and deposit the money to the credit of the county ( L.T.I . 1863-64, cho 2; C r. Pra oo, sec. 593, p. 314; I.C.A . 1932, 19~3705)o On the second Fonday of each month the treasurer on order of the auditor must transmit to the state treasurer money in the county treasury belonging to the state (L.S.I. 1913, ch. 58, sec, 201, p, 239; I.C.A , 1932, 61-1805) c The board of comiAis si oners must furnish the treasurer with a list of claims allowed, and the treasurer m.ust not pay a vra.rrant for any claim not on the list. ^ R.S . 1687, sec, 176G; I»C.A» 1952, 30-1101), Each month the treasvirer must file with the coutity c'erimis si oners an itemized claim together with receipts for money paid out of the vreed eradication fund ( l,S.I . 1929, ch. 231, sec. 3, p. 453; I.C.A. 1932, 22-1803), Not later than November of each year the treasurer mvist account for all money paid into the weed eradication fund and any imcxpended balance ( L.S.I , 1929, sec, 4, p. 453; I.C. Ao 1932, 22-1804), ','Vhen any of the public lands in the county have been appraised a duplicate must be sent to the county treasurer '.Tho must keep a record of it in a book provided for that purpose ( L.S.I . 1905, sec, 12, p. 131; I.C.A . 1932, 56-303), The treasurer must keep a book in which he charges the auditor v/ith all licenses ( L.T.I , 1874-75, sec, 53, p, 475; I.C.A . 1932, 61-2003), A law enacted in 1933 requires the treasurer to issue tax anticipation certificates to persons mr>.king a deposit on taxes ( L,S.I , 1933, ch. 20, p. 26), He is required to keep all county and state money in his poscossion or on a special deposit imtil disbursed ( R,S , 1887, sec. 1857; I.C.A. 1932, 30-1519). All books, accounts and vouchers must at all times be open for inspection by the conurdssioncrs and the grand Jury ( L.T.I . 1863-64, sec, 114, p, 500; I.C.A, 1932, 30-162,^), The treasurer must submit budget estimates to the auditor Cl,S.i « 1951, ch, 122, sec, 2, p, 210), Finally the treasurer must turn over all his records to his successor (L,T,I, 1863-64, sec. 123, p. 502; I.C.A . 1932, 57-1001). An examination of the statutes reveals the follovring records to be topt by the treasurer: A cash and fund book ( L.T.I , 1863-04, sec. Ill, p. 500; I.C.A. 1932, 30-lGOl); the ccrtifioatos of the county auditor ( L.T.I , 1863- 64, sec. 111, subdiv, 2, p, 600; I.C.A . 1932, 30-1611); a school district ledger or account book ( L,T.I , 1893, sec, 51, p. 187; I.C.A . 1932, 32-807); abstract of land appraisals CL.S.I . 1905, sec, 12, p, 151;. I.C.A . 1932, 56- 303), not now an active record; a record of business and other licenses 7 * « 1> « tf ■ Hi. .A - 145 - (341) Treasurer;- Finances L«T»I , 1874-75, sec, 53, p. 475; I.C.A . 1932, 61-2003 )j duplicate tax antic- ipation certificates ( L«S»I « 1933, ch, 20, p» 26); a bond register of all bonds issued by taxing units of v/hich he is treasurer ( L»S«I , 1927, ch. 262, sec. 6, p. 554; I,C, A» 1932, 55-219); a separate bond register for all drainage bonds issued" tir«S«I » 1913, ch. 16, sec, 31, p, 76; I.C.A , 1932, 41- 2559), Some records are kept by the county treasurer not required by statute but made necessary or desirable because of the statutory duties and routine efficiency of the office. The law is vague on the matter of the treasurer's keeping of a warrant register, one of the important records found in the of- fice. The law required the auditor to keep accounts current with the treas- urer ( R«S . 1887, sec, 2008; I.C.A , 1932, 30-1804); but no mention is made of a warrant register to bo kept" by the treasurer current i.vith the one re- quired to be kept by the auditor ( R.S . 1887, sec. 20C9; I,C«_A.« 1932, 30-1805), If warrants are unpaid because of lack of funds they must be registered ( B,S , 1887, sec, 1781; I,C.A . 1932, 30-1113), The duty of registration is a du^ty" imposed upon the treasurer (ibid,^,. In practice the treasurer keeps a reg- ister similar in form to the" auditor's v;-ith a column for warrants registered because of lack of funds. The stato bureau of public accounts exorcises considerable authority in the matter of records to be kept and tlieir uniformity since 1919 ( L,S,I , 1919, ch. 8, sec, 29, p, 57; I,C.A , 1932, 65-2602), It is probable that some of the records found in the office, not required by law, are there be- cause of instructions from the bureau of public accoi.ints. In addition to the warrant register, copies of all reports made by the treasurer to the auditor and the comraissi oners, together Vidth cancelled checks and bank statements, are usually found in the treasurer's office. The treasurer is not required by lav/ to keep more than t/zo regular financial account records of specified form - other than a bond register; these required records are first, the general cash account and second, an account with oaoh separate school distriot. Since the treasurer is 9X officio treasurer of drainage districts, a special drainage district ledger be- comes necessary if a drainage district is organized in the county. The Kootenai Covmty treasurer's records arc more extensive than are usually found. County treasurers in Idaho seldom keep a general ledger as a separate record, A fund cash book is usually kept as a record of cash received and of funds and units to which distributed, A separate account for school districts is a legal requirement: Treasurers usually keep a warrant register similar to the one kept by the auditor. The ^varrant regist- er (Treasurer's Register of Warrants, entry 351) is probably a register- of all warrants issued rather than a record of warrants registered because of a lack of funds to pay them when presented for payment. Finances 341, GEl^ilAL LEDGER, 1918--, 3 vols. Accounting record of all moneys recoivcd and disbursed for the county. Re- ceipt entries show certificate number, amount, date entered and fund credit- ed; disbursement entries shov/ v/arrant numbers, amount, date, and fund debited/ ..•^•■3 ■;.;'!fj -:?•.;*;■ - 146 - Treasurer ■« Road Accounts; School Accounts (342-347) each fund shows totals and balance; grand totals of receipts and disburse- ments, and balance. Also contains Financial Reports of the Power-Line High- way District, 1935 — , entry 356, Arr, chron, under funds. No index. Fiach- ine posted. 250-400 pp. 15 x 16 x S^ - 15 x 17 x 4i, 1 vol., bsnt. st. va,; 2 vols,, treas, va, 342, JOURi'-IAL, 1885-87. 1 vol. Discontinued, Treasurer's daily record of income and distribution for the various accounts. Gives date of amounts received, source of revenue, and amounts credited to various funds. Arr, chron. No index, Hdw, 480 pp. 16 x 11 x 2. Aud. bsmt, va, 343, TREASURER'S CASH BOOK, 1919--. 6 vols. Daily account of all receipts and disbursements for all funds. Shows date of money received, source, purpose, order number, to whom paid, warrant niun- bor and balance, Arr. chron. Ho index, Hdw, 320 pp. 18 x 13 x 2, Bsmt, st, va, 344, AUDITOR'S ORDERS TO ESCZTJE (Auditor's Certificates), 1916, 1918—, 1 bundle, 6 stacks, 4 vols, 1933 — also in entry 368, Record of amounts certified by the auditor to the treasurer authorizing him to credit designated funds mth certain amounts. Givos date, amount to be deposited, source of money, purpose for vriiich paid; names of funds credited, itemized amounts undor oach fund, recapitulation totals, and directions for apportioning the amount on the lodger, Arr, chron. Hdw, and typed on printed form. Bundle, 8x6x3; stacks, 14 x 9 x 4; vols., approx, 600 pp, 15 X 9 X 3, Bundle, 1916, and stacks, 1918-32, bsmt, st, va,; vols,, 1932—, treas. off, 345, CHECK BOOK, 1923-25, 4 vols. Unused checks and stubs of used checks, mostly for tax refunds, issued by the treasurer. Gives check number, amount and to vj-hom issued, purpose of payment, date issued, Arr, num, by check nos. No index, Hdw, on printed form. 50-100 pp, 10 x 12 x -| - 13 x 16 x -|-, Bsmt, st, va. Road Accounts (See also entries 10, 12) 346, GENERAL LEDGER (Roads, Bridges, and Highways), 1925-31, 1 vol. Record of operations in road, bridge and highway funds. Gives name of fimd, balance on hand, and amounts received or disbursed, Arr, chron, under funds; tab guides. No index. Machine posted. 200 pp, 18 x I63 x 3, Treas. va. School Accounts (See also entries 402-408) 347, SCHOOL DISTRICT ACCOUNT CONTROL BOOK, 1916-36, 4 vols. Discon- tinued in this form. Machine record of receipts and disbursements under all funds for school dis- tricts. Gives school district nimber, date of each receipt and expenditure, Arr, num, by district nos.; tab guides. No index. Machine posted, 125- 300 pp. 17 x 15 X 1 - 17-| X 16 X 3. 2 vols,, 1916-20, bsmt, st. va,; 3 vols,. - 147 - Treasurer*- Bank Accounts; YiTater and Light Accounts; (o-l-o-o52) Warrants; Reports 1921-36, treas. va. For subsequent related record, see entry 348 » 348, SCHOOL DISTRICT ACCOUIW: CONTROL BOOK, 1936—. 1 vol. Complete record of financial accounting of all funds for all school districts. Gives date, district number, source of revenue, certificate, ivarrant and order number; debits, credits, and balances are sho^Am under column^ titled control account, £]9noral tuition, bond and interest, and building, Arr, numby school district no. No index, Hdw, on printed form, 200 pp, 12 x 20 jc 1, Treas, va. For prior related record, see entry 347, Banl<: Accounts 349« (bank deposits RECORD), 1913""5. 1 vol. Record of amouT.ts deposited in various banks to be credited to designated county funds. Gives name of bank, date of deposit, r.mount deposited, fund credited, total amount on deposit in each account, irr, chron. No index, Hdw, 75 pp. 11 X 14 :c 1, T^'oas, va. Water and Light Accounts 350, ACCOUNT BOOK - ATHOL WATER IJIb LIGHT COIIPAKY, LTD., 1910-20. 1 vol. Discontinued, Record of receipts and disbursements of the Athol V."atcr and Light Company organization and minutes of business meetings, Receipts give date, amount and from v/hom received. Disbursements give date, to v/hom paid, and amount. Business modtings give date, and kind of business ditoussed, Arr, chron. No index, Hdw, 80 pp. 10 x 8 x x, Treas, va, Yfor rants (See also entries 371-376, 378-381, 383) 351, TREASURER'S REGISTER OF YfARRAITTS, 1918—, 1 vol. Record of registei-ed \varrants issued for services rondcred or material fur** nished. Gives under designated funds, date v^r.rrant \rv.s issued, warrant num- ber, name of payee, purpose of payment, amount, date registered, date adver- tised, amount of interest, total amount, and da.te paid, Arr, num. by rra.rrant no. No index. Hdw, 600 pp. 15 x 16 x 3, Treas. off. Reports (See also entries 32-34, 264, 265, 330, 410-416) 352, TREASURER'S LIONTHLY REPORT, 1916—, 2 bundles, 1 stack, 1 folder. Title varies slightly. Duplicate copies of monthly financial reports made to auditor. Gives sources of moneys received into the ti'casui^ during month, all moneys transferred between funds with certificate numbers, or disbursed by vra.rrants shovdng amount in each instance, fimd debited, and balance, Arr, chron. No index. - 148 - Treasurer -Bonds (353-359) Hdw, on printed form, 14|- x 7|- x 1 - 15 x 19 x 3, Bundles, 1916-27, bsmt, st, va,; stack» 1927-37, cind folder, 1937--, trcas. va, 353. QUARTERLY REPORT, 1919—, 1 vol Duplicates of Auditor's and Treasurer's Repocts.. entry 33, iirr, chron. No index, Typod, Approx, 400 pp, 14-2 x 9 x 2-|-, Troas* va, 354. TREASURER'S QU^IRTERLY REPORTS, 1931--. 1 file box. Treasurer's copy of reports to county superintendent of schools concerning operations in school district general funds. Gives district number, dates covered by report, cash balance on last preceding report, sources of receipts, amount, cash disbursements in detail, amounts, balance on hand; signature of county superintendent, Arr. chron. No indox. Hdvir, on printed form, 2 X 9 X 15. Treas, va, 355. AUDIT HEPOETS, 19B2-S4. ' 1 foldor. Copies of financial statements coroernlng independent school districts as reported by auditing agencies, GtIycs apportionment of money received through taxes, bond sales, investments, library fund, and other sources; totals of expenditures for instructioi., operation and maintenance; gra:id totals of receipts, expenditures and balance. No orderly arr. No indox, Hdw. on printed form, 92 x 12 x 1, Trcas. va, 356. FINANCIi^A REPORTS OF THE POTOR-LIl^ HIGHIWjT DISTRICT, 1920-34, 1 vol, 1935— in General Ledger, entry 341, Record of the operations in funds as reported to commissioners from an inde- pendent highway district. Gives receipts, funds credited; disbursements, purpose, name of payee; vra,rrants listed in numfcrical order, name of payee, date, and amount, /ij-r, num. by warrant no. No index. Hdw, 152 pp. 14 X 11 X 1, Trcas. va. For Power-Line Highway District bond records, see entry 361, Bonds (See also entries 384, 385) 357, TPJLASURER'S BOND REGISTER, 1887-1916. 1 vol. Discontinued, Record of all bonds issied to furnish money for county indebtedness. Gives bond number, date of issue, amount of bond, interest due, and to whom bond is payable, Arr, num, by bond no. No indox, Hdw, on printed form, 80 pp, 16 X 14 X 1, Treas, va, 358, SCHOOL DISTRICT BONDS - (and Drainage District Bonds - Court House Bonds), 1916—, 1 vol. Record of bonds issued to furnish money for specified drainage and school districts and the county court house. Gives name of bondholder, kind of bond, number, date, amount, purpose, and interest due on listed coupons. Arr, num, by bond no. No index, Hdw. on printed form. 80 pp, 15 x 17 x 1, Treas* va, 359, COMMON SCHOOL DISTRICT BOND LISTS, 1921-22, Discontinued, Record of bonds issued to furnish money for school districts. Gives date of issue,,, purpose, amoimt of bond, rate of interest, years to rxm., serial number, date redeemed, amount for which redeemed. Arr. num. by bond no. No index, Hdw. on printed form. 75 pp, 15 x 9 x 1. Treas, va. r ,■ ;-':;::^o.i: .:my=x:^ v: * • d> h'-^rf - 149 - Treasurer »• Licenses; Tax Certificates? (360-364) Correspondence 360, REGISTER OF MUNICIPAL BONDS, 1919-30, 1 vol. Discontinued. Record of bonds issued to furnish funds for Panhandle Highv;ay, Gives amount of bond, date of issue, date of maturity, bond number, dates of coupon pay- ments, itrr, num, by bond no. No index, Hdw, on printed form. 11 pp, 16 X 13 X l/l6« -^reas, va, S61. BOND REGISTER, 1920—. 1 vol. Record of bonds issued to furnish money for Power-Line Highway District, Gives name of purchaser, bond number, amount of bond, date issued, rate of interest, years to run, dates of coupon payments, Arr, num, by bond no. No index, Hdw, on printed form, 25 pp, 17 x 14 x :|-, Treas, va. For Financial Reports of the PoiAror-Line Highway District, see entry 356, Licenses (See also entries 19, 20, 269) 362, LICEJISE REGISTER, 1398-1914, 1 vol. 1915— could not bo found. Treasurer's record of licenses issued to persons operating certain types of business or amusement, G^-^qc; class of license, to whom issued, legal address of ovmer, type of business to bo operated, date license v/as granted, date of expiration, and amoimt of foe, Arr, num, by license no. No index, Hdw, 240 pp, 15 X 12 X 2, Aud, bsmt. va. Tax Certificates 363, TAX iiNTICIPATION CERTIFICATES, 1933—, 6 vols. Duplicates of Tax /jiticipation Certificates, entry 339, Arr, num, by certi- ficate nos. No index, Hdw, on printed form, 50-100 pp, 3a- x 8-g x 4-- 11 X si X 1, Troas, off. Correspondence 364, LETTERS, 1913-24, 1929—, 9 cardboard boxes, 11 file drawers. Original letters received and copies sent out by the treasurer iind by the treasurer as tax collector. Contains letters relating to checks and money orders, correspondence relative to estates settled by public administrator, letters about delinquent taxes and the sale of property for non-payment of taxes, letters relating to tax matters, and requests to be advised of the amoimt of taxes due on certain described property, 7 cardboard boxes, 1913- 24, no arr, J 3 file drawers, 1917-24, and 1 cardboard box, 1932-33, arr, chron. J 1 cardboard box, 1929-33, and 8 file drawers, 1934—, arr. alph, by name of dorrospondent. Cardboard boxes, lO-i x 11 x 15 - 11 x 12^|- x 21; file drawers, 12 x 11 x 22 - 12-^ x 14 x 24,' Cardboard boxds, 1913-24, 1929- 33, and 3 file drawers, 1917-24, bsmt, st, va,; 8 file drawers, 1934—, troas, off. - 150 - Auditor (Next entry 365, p, 154) XV. AUDITOR The county auditor in Idaho counties functions principally as a super- visor of other officers and a responsible agent of the board of county com- missioners of v/hich he is clerk. He is closely identified with all inciden- tal functions; namely supervision, administration and the execution of fiscal processes, ^e serves as a coordinator between the board of county commissioners and the other officers on account of being directly connected with both. As will be noted, he has few duties other than as an agent of the board of commissioners and as fiscal supervisor of other county function- aries. The county auditor has never been an official officer in Idaho counties. The first territorial legislattire made the recorder ex officio auditor and clerk of the board of coimty commissioners ( L.T.I . 1863-64, sec. 1, p. 591 )• The same legislature enacted a special statute making the auditor clerk of the board of commissioners ( ibid ., sec. 6, p. 523), The second territorial legislature made the county cYerk, clerk of the board of county commissioners ( L.T«I » 1864, ch. 9, sec, 6, p. 393). In accordance mth a law effective in 1873, the ex officio auditor, then the official recorder, was again made clerk of the board of commissioners. Tftien the constitution was framed in 1889, no provision was made for a clerk of the board of commissioners. The territorial law having been adopted vdth the exception of laws in conflict with the constitution, (Co nst, of Ida . 1390, art. 21, sec, 2) by the state, the law effective in 1873/'naking the auditor clerk of the board of commis- sioners was inherited from Idaho Territory and has never been changed ( L.T.I. 1870-71, sec, 8, p. 20; I,C.A. 1932, 30-607), The wording of the lav;s is "The county auditor is ex officio clerk of the board of county commissioners"i Some confusion is caused by the wording of the statute in-as-much as the office of auditor is iteelf an ex officio office and that of clerk of the board of county commissioners is made ex officio to an ex officio office. The qualifications and term of office of auditor necessarily coincide with those of the clerk of the district court since |n his capacity as the clerk of the court he is the actual elected official. The state constitution ( Const, of Ida . 1890, art, 5, sec. 16) provides that the clerk shall hold office for a period of four years. The statute provides that all persons elected to county offices must bo qualified electors ( l.C.A , 1932, 57-101) thus requiring the ex officio auditor to be a qualified elector. The county auditor as such has powers and duties under the law and also duties by virtue of beint; clerk of the board of comjnis si oners. No official bonds, other than those required as recorder, need be furnished by the aud- itor. ( R.S . 1887, sec. 1828; l.C.A . 1932, 30-1516 subdiv, 6), As clerk of the board of commissioners he is required: To record all proceedings of the board; to make complete entries for all resolutions and questions concerning the raising or spending of county funds; to record the vote of each member where the vote is not unanimous and or when requested to do so by any member of the board; to sign all orders made and warrants issued by order of the board; record the reports of the county treasurer concerning receipts and disbursements of the county; to preserve by filing all accounts acted upon by the board; to file all petitions and applications for franchises and record the action of the board with reference to thorn; to record all tax levy orders of the board; and to perform all other duties required by law or order of the board ( L.T.I . 1868-69, ch. 15, sec. 6, p. 103; l.C.A . 1932, 30- 608), He is further required: To receive and keep for a period of ton years '■■i ^ !■'>. .. r - 151 - Auditor (Next entry 365, p. 154-) copies of election registers of the various precincts ( L.S,I . 1931, ch. 220, sec. 11, p. 432j I.C.A. 1932, 33-711); to act as registrar for absentee vot- ers ( L.S.I . 1931,''?hr220, sec. 13, p. 432; I.C.A . 1932, 33-713); to mke and keep a record of all tax levies, deliver one copy to the assessor, one copy to the tax collector, and one copy to the state board of equalization and file one copy in his office as auditor ( L.S.I . 1913, ch. 58, sec. 102, p. 205; I.C.A . 1932, 61-811). As clerk of the board of coimidssioners, the auditor has authority: To sign all records or documents v/ith the claairman of the board ( L.T.I . 1868- 69, sec. 6, p. 100; I.C.A. 1932, 30-607); to administer oaths in coimoction with commissioners' "business (L^.T^I. 1868-69, sec. 6, p. 100; I.C.A . 1932, 30-606). The law creating the board of equalization made the clerk of the board of commissioners clerk of the board of equalization. The wording of the prc' sent law concerning the duties of the clor]: when the commissioners meet as a board of equalization are designated as duties of the clerk of the board of commissioners. Ho is required: To keep a record of all the proceedings in a book designated as a minute book to bo kept by the board of corj-nission- ers; to record all equalization adjust'-icnts, all allovra.nccs of exemptions, all changes and corrections and the nciTi.cs of all persons appearing before the board and a m.inutc record of all notices mailed to persons whoso pro- perty valtic has been changed by the board of equalization (R.C_._ 1908, sec, 1701; I.C.A . 1932, 61-411). The auditor as clerk of the board of countjr corpiaissioncrs, is clerk of the board of canvassers when the commissioners arc acting as a board of canvassers (L.S.I . 1890-91, sec. 101, p. 57j I.C.A. 1932, 53-1110). In addition to all of the above duties tlic auditor, when acting strictl in the capacity of auditor, is required: To ar-kc an abstract of the real property assessment roll (L.S.I . 1913, ch. 58, sec. 66, p. 193; I.C .A, 1932, 61-412) and transmit a copy to the state auditor (L.S.I. 1913, ch,;'5"8, sec, 67, p. 194; I.C.A. 1932, 61-413); to make an abstract of the pqrsonal pro- perty roll ( rrsTT . 1913, ch. 58, sec. 185, p. 234; X,C.A. 1932, 61-1609) and transmit the original to the state auditor (L.S „I, 1915, ch, 58, sec, 186, p. 234; I^.C.A . 1932, 61-lClO); to keep accounts current with the trea- aijircr for all money paid into the trersury end cxpcndod therefrom and file a copy of the treasurer's receipt (L .T ..-I. 1863-64, sec. 25, p. 556; I .C.A , 1932, 30-1804); to compute and extend "bhe taj-: levies on the real property assessm.cnt roll; make affidavit as to its correctness and deliver it to the tax collector ( R. C, 1908, sec. 1724; I.C.A , 1932, 61-903); to malcc an annual statement oi^ the financial condition of the county, file a copy with the board of commissioners ondfonv-ard a copy to the state auditor (L .S.I , 1901, sec. 1, p. 294; I.C.A . 1932, 30-1307); to file the canvassed results of county bond elections ( 'li.S. I. 1895, subdiv, 3612, p. 56; I.C.A . 1932, 30-1407); to act as budget offTccr of the covuity and compile aiid' 'prepare prelimina ry budgets for the consideration of the co missioners; to enforce the provisions of the budget law; to notify all officers elective or appoint; to file budget estimates; to furnish proper forms for the mr.king of the • estimates; to prepare a budget cstimr^te in case of the failure of officers or appointocs to do so ( L.S .I, 1931, ch, 122, sco, 2, p, 210; I,C.A, 1932, 30-1202) I to examine and se'ttlc the aocoimts of all persons indcb'ted to the county (R,S , 1887, sec, 2007; I,C,A , 1932, 30-1803); to file declarations of candidacy for coxuaty and precinct officers (L.S.I, 1931, ch, 18, sec, 8, - 152 - Auditor (lJc::t entry 365, p, 154) p, 34; I.C.A * 1932, 33-608)s to chock tho assessment roll after the tax collection periods and charge the tax collector with the delinquent taxes as extended and marl: the receipts corresponding to the delinquency exten- sion "delinquent" ( R.C . 1908, sec. 1741; I.C.A . 1932, Gl-lOll); to hold all securities or trust receipts deposited to secure public deposits in tho various banks ( L,S.I . 1921, ch. 256, sec. 18, p. 563; I.C.A. 1932, 55-119) and to keep a record of the same (ibid, )j to sign all bi;.siness licenses, deliver them to the tcoc collector and charge him v;ith the amount delivered ( L.T.I . ■ 1874-75, sec. 82, p. 475; I.G^. 1932, 61-2004); to provide printed ballots for every election ( L.S.I . 1890-91, sees, 55, 56, p. 57; I.C.A . 1932, 33-803); to enter irrigation district levies on the assessment roll if the county is collecting taxes for the district ( fc.S.I . 1923, ch. 178, sec. 1, p. 276; I.C.A . 1932, 42-726); to make a joint quarterly report vdth the tre- asurer to tho board of cominis si oners on the fir'ancial condition of the county ( R.S . 1887, sec, 2010; I.C.A . 1952, 30-1-806); to make a monthly settlement with the treasurer ( R.S . 18o7, sec. 1850; I,C.A . 1932, 30-1612); to make a monthly settlement v;ith the tax collector on delinquent tax collections ( C,L , 1918, 135-130' I. C,Ac l9^3, Cl~10^0).to publish a. list of candidates, in ballot form, yrho havc"'Dccr. nom.inatod at primaries, not less thrji thirty days before the general election ( L.S.I . 1931, ch, 18, sec. 45, ^, 46; I.C.A . 1932, 33- 645); to publish nam.cs of persons v;hoh:'. Tt filed declarations of candidacy and given notice of the primary election ( L.S<;I . 1951, ch. 18, sec, 10, p. 34; I.C.Ao 1932, 30-610); to compute sjid enter all taxes on the assessment roll (See R.C . 190S, sec. 1720; I.C.A . 1932, 61-901); to charge the tax collector with all ta::es extended on the real property assessment roll ( R.C . 1908, 1725; I,C>,A . 1932, 61-905); to make a register of all v/arrants issued ( R.S . 1887, sec. 2009; I.C.A . 1932, 30-1G05); to er.tcnd tax levies, for sch- ool purposes, on the assessment roll ( LoSnI . 1921, ch. 215, sec, 54, p, 456; I.C.A. 1932, 32-706); to draw warrants on school districts on presentation of orders signed by the chairman of the school board raid countersigned by the county superintendent ( L.S, I . 1893, sec, 33, p, 187; I.C.A . 19S2, 32- 809); to make tax settlements each month with independent 'taxing units for which taxes have been collected ( L.S.I , 1913, ch, 58, sec. 200, p, 238; I.C.A, 1932, 61-1304); to report to the state each month on money collected for it and file copy of report v/ith order to treasurer to remit money in the treasury belonging to the state ( L,S,I . 1913, ch, 58, sec. 201, p. 239; I.C.A, 1932, 61-1805); to report to the state auditor each month on the number of licenses issued by the tax collector, the amount of money paid for the same and the number and description of license blarJcs on hand ( L.S.I , 1874-75, sec. 87, p. 475; I,C,A . 1932, 61-2006); to certify to in- dependent taxing units the assessed valuation of taxable property in their districts or corporate limits ( R.C . 1908, sec, 1721; I.C.A . 1932, 61-815); to prepare blank \varrants in separate scries for each year ( R,S , 1687, sec, 2009; I,C,A . 1932, 30-1805); to specify on each warrant which !he draws, the liability for v/hich drawn and when it accrued (R« S . 1837, sec, 2003; I,C,A « 1932, 30-1802); to make a report as budget officer, to tho county comjiUP.''- ioners each quarter ( L.S.I . 1931, ch, 122, sec, 11, p. 218; I.C^A , 1932, 30-1211); on or before the second Llonday of February each year, to make a complete statement to the commissioners of the b.udgotary operations of the county for the precoding fiscal year ( L,S,I , 1931, ch, 122, sec. 10, p, 218; I.C.A , 1932, 30-1210); to prepare budset estimates for his own office ( L.S.I , 1931, ch. 122, sec. 2, p, 210; I.C.A . 1932, 30-1202); to make certificates of election to county and precinct officers I L.S.I . 1890-91, sec. 101, p. 57; I.C .A, 1932, 35-1110); to deliver a copy of abstract of votes to soovetni-y of atatn (L.S.I. .iaOL>-31, soc, 102. p. 57| I.C.A , 1932, 3.''>-mi). - 153 - Auditor (Next entry 365, p, 154) The auditor has power to draw all warrants when claims have been allowed hy the board of commissioners ( L,T« I, 1874-75, sec, 26, p. 556; I«C,A , 1932, 30-1801). Kg is also given expressed povror to examine the books of the county treasurer any time he so desires (P..S, 1837, sec, 1861; I»C»A » 1932, 30-1623), The auditors of the various coimties arc required by statute to keep: A register of all warrants is-ucd (R.S, 1887, sec, 2009; I.C,A . 1932, 30-180£ a bond register of all countjr bonds sold ( L«S»I « 1927, ch, 262, sec, 6, p. 553; I >C,A . 1932, 55-219); a duplicate copy of the abstract of the assessment roll TR,C, 1908, sec, 1701; I.C.A . 1932, 61-413); accoimts current -.vith the treasurer ( R.S , 1887, sec, 2008; I,C,A » 1932, 30-1804); certificates of nom- ination (L.S.I , 1890-91, sec, 26, p, 62; I.C.A . 1932, 33-643); abstract of votes ( L.T.I . 1863-64, sees. 28, 29, p. 566; I.C.A . 1932, 33-1111); a rec- ord of the number of ballots sent to each pollin," place ( L.S.I. 1890-91, sec. 63, p, 57; I«C.A « 1932, 33-811); stubs of all licenses issued to the tax collector and a ledger in \Yhich ho must keep the collector's accounts for all licenses delivered to him, sold or returned unsold by him (R.S . 1887, sec, 1634; I,C,A . 1932, 60-2005); a record of all fees collected TL, S.I . . 1901, sec, 1, p, 208; I.g.A . 1932, 57-1010); a record of all depository securities or trust receipts (L.S.I. 1921, ch, 256, sec, 18, p. 565; I.C.A . 1932, 55-119); emergency cimloj/raoiit" record ( L.S.I . 1915, ch. 27, sec, 10, p. 82; unconstitutional act repealed); paid v/arrants (L._T_._I_. 1863-64, sec, 121, p, 501; I,C.A . 1932, 30-1G12); treasurer's monthly reports of cash' oli-j hand and bai:ik deposits . (L.S.I. 1921, ch. 253, •r:cc, ol,'-p» 5S8; I.C.A . 1932, ^5-134); -ta:: colLctcr's^achVnly rrports (L.T.I. . 1863-S4, -iicc, 27, p", 40''; ,_ .I.C.A, 1352, 61-1003); t::z collector's rcporTs"'jn rclinquent taxes (C,U ' ITlSV 1G-5':130; 1,'2,J., 1032/61-1020); treasurer's nxrchly ropnrts r/ re- ceipts i.ne' ':isourschiif*ntr, (luS, 13o7, sec, 16-iO; I.C.A. 1932, 30-1612); record of-a-.volibrJio2 for absoiitoc ballots (L,S*I, 1917,"*ihTT.42, sec. 2, p. 45i; I.C.;> . lQ32j 33'«10v 2) i copies of av.cTcor's cor^i'.ifatcs and treasurer's re- ceipts ( R.S . 1887, sec. 2008; I.C.A . 1932, 30-1804); tojs levies ( L.S.I , 1913, ch. 58, sec, 102, p. 205; I.CA . 1932, 61-811); orders for school warrants ( L,S.I . 1893, sec. 33, p. 137; I,C.A . 1932, 32-809); license register or ledger ( R.S , 1887, sec. ^1634; I.C.A . 1932, 61-2005), The records required to be kept by the auditor, as listed above, have to do almost entirely vdth fiscal matters. The forms of all records listed arc not proscribed. The keeping of the record derives from the necessity of performing the duty. The principal financial record found in the auditor' office is the general Icdi^^cr, The form of this record is not specified by law. The duty of keeping accounts current mth the treasurer makes necessary a record of this nature. Additional records usually kept by most counties are the "Register of Income and Distribution" and the "Abstracts of Expend- itures", ifhen collections arc reported to the auditor he makes an entry in a register of income and distribution for the full amount and then lists the separate amounts belonging to each fund or tracing unit under the proper heading in the same record. Periodically, the amounts are posted in Ixomp sums to the fund or taxing imit account in the general ledger, IVhon warrants are drawn the total is entered under the proper fund or taxing unit in an abstract of expenditures and later is posted in bulk to the general ledger. Sometimes the alle^vance book, listed as commissioners' record, is used as - 154 - Auditor*^ Receipts and Disbursements (365-368) an abstract of expenditures record. In some counties the appropriation led- ger is now used as a place in which to record expenditures as well as ap- propriations; in others the warrant register is used as a record in which to keep this information, ^he records listed for the auditor's office in Kootenai County conform generally to thoBo kept by auditors throughout the state. There has been some shifting of the method used in the keeping of the financial records. The Auditor's Cash Book (entry 365), a record of fees earned by the auditor and independent of receipts and expenditures reported to him by other officer was discontinued in 1917 and the information is now being kept in the re- corder's Reception Record (entry 39), The Register of Income and Distri- bution (entry 366) has been preserved since 1917 only. Auditors usually keep an abstract of expenditures and a general ledger, No general lodger was reported as being kept by the auditor in Kootenai County. The Allov/- anco Book (entry 6) in the commissi oners office has boon used as a record of expenditures since 1921, There is no evidence as to what method vra.s used for recording expenditures before 1921, The Emergency Emplojiacnt Record (entry 367) has been discontinued be- cause the law enacted concerning emergency employment in the state and counties vra.s declared tmconstitutional (Epperson Howell, 28 Idaho 338, 154 Pac,, 621), The Budget Estimates (entry 370) is a record of a comparatively recent date, set up in conformity vath the new budget law making the auditor budget officer (supra). Receipts and Disbursements (See also entries 6, 10) 365, AUDITOR'S CASH BOOK, 18o7-1917, 6 vols. Discontinued, Record of daily fees and earnings of the auditor's office, Gives date, source of fee collected, and amount collected, Arr, chron. No index, Hdw, on printed form. 300-640 pp. 16 x 11 x 1-| - 13 x 17 x 3, Bsmt. st, va, 366, AUDITOR'S REGISTER OF INCOME Al'ID DISTRIBUTION, 1917—. 3 vols. Record of income and distribution as reported to the auditor. Gives date, source of income, total amount, and distribution to state, county, school districts, cities, villages, highway districts, road districts, and other funds or taxing units, Arr, chron. No index. Hdw, on printed form, 152- 400 pp. 17 X ll-^-x l-i - 13 3/4 X 17 X 3. 2 vols., 1917-19, aud. bsmt. va,i 1 vol,-, 19.2Q— , aud. Toff . va, 367, EtERGENCY ELIPL0YT.EIIT RECORD, 1932-33. 1 vol. Discontinued, Record of amounts paid to persons temporarily employed by Kootenai Coxmty as participants in emergency employment, ^ives number of days worked, vrork project number, rate of pay, and total amount, Arr. chron. Indexed alph, by name of worker. Hdw, 240 pp. 12 x 14 x 1, Aud, off, va, 368, AUDITOR'S APPORTIOrlEHT RECORD (Auditor's Certificates), 1933—, 4 stacks. Duplicates of Auditor's Orders to Receive (-Auditor's Certificates), entry 344, Arr, chron. No index, Hdvf, and typed on printed form, 9 x 14 x Iw- ~ - 155 - Auditor. Budgets; Warrants and Claims (369-374) 9 X 14 X 5, Aud, off, va, 369. REGISTER OF SECURITIES DEPOSITED, 1930—, 1 vol. Record of investment securities deposited with the cotrnty auditor, by banks, to secure county funds deposited therein. Gives name of depositing unit, name of bank, date of deposit, deposit certificate number, kind of security, by whom issued, trust receipt number, numbers of coupons attached, date de- posited, expiration date, amount of security, balance on hand, amount Virith- dra-^vn, withdravral certificato number, number of coupons on hand, and date vathdraijvn, Arr. alph. by name of department or depositing unit; tab guides. No index, Kdw, on printed form, 75 pp, 16 x 12 x 1-|-, Aud, off, va. Budgets 37Q, BUDGET ESTIMATES, 1929—, 1 vol., 1 folder. Estimates of anticipated expenditures of each county office for salaries, equipment, supplies and other expenses, ^ivcs itemized amounts \mder each group, Arr, alph, by name cf officer. No index, Hdvj-, vol,, 125 pp. 16 x 14 X 2; folder, 14-| x 13 x 2, Aud, off. va. Warrants and Claims (Sec also entries 7, 3, 351) 371, AUTDITOR'S VIAREAl^T REGISTER, 1885--, 24 vols,, 1 stack. Record of all warrants allowed by the county commissioners and charged to the operating fund of the designated agency. Gives number of v/arrant, name of payee, amount, date of issue, purpose of payment; if registered gives date, amount of interest, total, and name of payee, Arr, num, by warrant nos.; and alph, thoroundcr by name of fund. No index, Hdw, on printed form. Vols., 285-300 pp. 14 x 9-g- x 1^ - 18 x 14 x 3; stack, 18 x 21 x 3, 22 vols,, 1885-1922, and stack, 1923-29, aud, bsmt, va,; 2 vols., 1930 — , aud, off. va. 372, CURRENT EXPENSE WARRAIflS, 1921—, 4 bundles, 13 file boxes. Original paid warrants issued for general office expenses. Gives warrant nxjuuber, date, payee's name, amount, purpose, fund "bo vAich charged, signature of auditor or his deputy, Arr, num. by vra,rrant nos. No index, Hdw. on printed form. Bundles, 10 x 4 x 2^ file boxes, 11 x 5 x 14, ^undies, aud, bsmt, va,; file boxes, aud, off, 373, SCHOOL WAPJIAJ'JT ORDERS, 1925—, 37 bundles, 1931 — also in entry 404, Folders containing originals and copies of orders authorizing the auditor to issue warrants in payment of school expenses, ives order number, date, amount, name of payee, school district to which charged, and signature of superintendent. No orderly arr. No index. Hdw, on printed form, 4g- x 10 X 2. 23 bundles, 1925-29, aud, bsmt, va,; 14 bundles, 1929—, aud, off, va. 374, SCHOOL WARR/iNTS, 1922—, 10 bundles, 14 filo boxes. Original paid and cancelled warrants issued to pay school expenses in desig- nated districts. Gives date, vrci.rrant number, amount, name of payee, purpose of payment, number of district to which charged, and signature of auditor or his deputy. Arr, num. by warrant nos. No indox, Hdw, on printed form. Bundles, 4 X 10 X 12; file boxes, 11 x 5 x 14, Aud, bsmt, va. - 156 - Auditor- Tfarro.nts end Claims (375-382) 375, ROi\D DISTRICT JUJSuimS, 1926— • 3 file boxes. Original paid warrants issued to pay road expenses in designated districts. Gives date, ■'jvarrant number, amount, oane of payee, purpose of payment, name of district to which charged, and signature of auditor or his deputy, Arr. num. by v^-arrant nos. No index. Kdv/, on printed form. 11 x 5 x 14. Aud» bsmt, va, 376, GEInIERAL ROAD FUI\[D WARRAJJTS, 1924—. 4 file boxes. Original warrants issued in payment of claims as allowed by the board of county comiiis si oners. Gives date, nam.e of claimant, amount claimed, and signature of auditor or his deputy. Arr, num. by v/arrant nos, iJo index. Edvu on printed form. 11 x 5 x 14, Aud, off, va. 377, STATE HIGHWAY AID CLAI1.IS, 1931-33, 1 file box. Discontinued, Original claims for payment of labor on federal aid highway projects. Gives date, name of claimant, dates on 7;hich labor v/as performed, hours vrorked each day, amount of pay claimed, signatures of claimant and auditor or his deputy; if allcnjred give date, warrant number, and signature of the chairman of the board of county commissioners, Arr, num, by claim nos. No index. Hdw. on printed form, 11 x 5 x 14, AluJ. bsmt, va. 378, SPECIAL BRIDGE CLAIMS Al'fD ^'TARRANTS, 1920-27, 1 file box. Discontinued, Original claims and vra.rrants issued in payment for labor and materials in connection mth construction of bridges in the county. Gives date, name of claimant, claim and warrant numbers, amounts of claim and warrajit, and date paid. Arr, chron. No index, adw, on printed form, 11 x 5 x 14, Aud, off. va, 379, IITOIGENT AND PENSION 17ARRANTS, 1930—. 5 file boxes. Original paid warrants issued to aged, blind or crippled persons, or in payment of pensions to mothers in need. Gives date of issue, name of payee, amount claimed, fund to Virhich charged and signature of auditor, Arr, num, by v;arrant nos. No index, tldw, on printed foiTi, 11 x 5 x 14, Aud. bsmt, va, 380, CLAIMS AI'JD WARRANTS (Court House Fund), 1925-27. 1 file box. Discontinued, Original claims and warrants issued for labor performed and materials for building Kootenai County courthouse. Gives date, name of claimant, amount of claim, and amount allowed, Arr. num, by -v/arrant nos. No index, Hdw, on printed form, 11 x 5 x 14, Aud. bsmt. va. 381, PROSECUTING ATTORNEY'S CONTINGENT FUwD, 1921—, 1 file box. Folders containing original orders signed by the county attorney authorizing the auditor '^o issue narrants to be charged to funds set aside for investi- gation purposes, Gives date, amount, purpose of payment, and signature of attorney, Arr, chron. No index, lldw, on printed form,- 11 x 5 x 14. Aud. off, va, 382, CI^IIMS (Miscellaneous), 1920—, 38 bimdles. Original, claims presented for payment for araounts to be charged to current expense, indigent aid, general road, and road district funds, Arr, num, by claim ncs. No index. Hdw, on printed form. 10 x 5 x 24 - 11 x 15 x 25. Aud, bsmt, va. - 157 - Auditor •- Bonds; Assessments; Delinquent Taoccs (383»"388) 383. COUNTY WARRAI^ITS, 1919—, 10 bundles. Warrants issued in payment of misce llano ous claims as authorized by the county commissioners against county funds. Gives date, name of claimant,^ amoimt, and si|piature of auditor or his deputy. Arr, niim, by warrant nos. No index. Hdw. on printed form. 8 x 11 x 17, Aud. bsmt, va« Bonds (Soo also entries 357-361) 384, BOiro REGISTER, 1887—, 1 vol. Record of bonds issued for the purpose of borrowing money to finance design- ated county undertakings. Include general funding, drainage districts, county building, and school funds, "^ivos name of fimd bonded, purpose of bond, date, face value, name of bonding company or bond holder; consecutive list of all interest bearing coupons shovdng date due, and date paid. Arr, num. by bond nos. No index, lidw, on printed form. 80 pp, 17 x 16 x 1, Aud. off. va. 385, PAID BOIiDS OF KOOTEHAI COUIWY, 1896—. 3 file boxes. Original paid bonds issued to furnish money for county undertakings includ- ing general funding, drainage districts, county buildings and school dist- rict bonds. GJLvcs niombcr, name of bond holder or company furnishing bond, amount of bond, purpose, terms and conditions, date of issue, and rate of interest; interest bearing coupons indicated show date due, and date paid, Arr. ntrni, by' bond nos.-'ilo index. Bdw, on printed fonai 11 x 5 xl-ii". ". Aud. bsmt. vr.. Assessments (Sec also entry 322) 386. ABSTRACT OF REAL PROPERTY ASSESSIIEKT ROLLS, 1919—, 1 vol. Abstract record of data shc.vn on real property rolls. Gives total assessed valuation under each classification, rate of levoy per unit, total amount ol taxes raised by each taxing unit, and grand total; total tax exemption, and segregated amo\jnt allowed World Vfor Veterans, Arr. chron. No index. Typoc on printed form. 33 pp, 15 x 18 x 1. Assr, off,, on shelf. Delinquent Taxes 387. SALE OF COUl^fTY PROPERTY, 1922-28. 1 bundle. Discontinued, Copies of lists of real property advertised for sale because of unpaid de- linquent taxes. ^ivcG description of each piece of property, and years for which taxes are delinquent. No orderly arr. No index. lidw, on printc form. 9g- X 14 X g, Aud. off. va, 388. REGISTER OF DELI?IQUEHT CERTIFICATES, 1919-26, 1 vol, Discontir". in this form. Record of conditional conveyances issued by the tax collector to the auditor as grantee in trust for the county, covering irrigation districts upon whic. taxes have become delinquent. Gives certificate number, date of certificat< year of delinquency, amount and distribution of tax, nrjnc and address of party assessed, conditions under vfhich deed can be obtained, and forma.l - 158 - Auditor* Elections (339-394) stat'.mont by the person making grant to aviditor, /jr, alph» by narac of irrigation district; tab guides. No index. Ildw, on printed form. 350 pp, 18 X 13 X 2, Aud, off, va. For subsequent related record, sec entry 389j for tax collector's register of delinquency certificates, see entry 335. 389, RECORD OF DELINQUEIIT ASSESSlffiUTS, 1926-", 1 vol. Record of delinquent assessments on irrigation lands bccatise of unpaid land and v/ater taxes, Givos name of party assessed, description of property, amounts of delinquency, penalty, interest and costs, and date paid, /irr, alph. by name of irrigation district. Wo index, Hdv/. on printed form. 120 pp. 11 X 16 X 2, Aud. off, va. ^or prior related record, sec entry 388, 390, IRRIGATION DISTRICT DELINQUEilCY CERT IF I CAT!: S, 1915-17, 1 file box. Discontinued. Original certificates issued upon sale of property because of unapid taxes. Gives number of certificate, name of purchaser, amoui-it, £or vrtiich sold, and date of sale, Arr» chron, llo index, Kdv/. on printed forra. 4 x 4y- x 10, Aud, off. va, 391, IPJlIGATIOrl DISTRICT CERTIFICATES, 1930—. 1 file box. Folders containing original delinquency certificates Virhich have been paid in full and filed vith the county auditor as proof of redemption. Gives date, certificate number, name of purclia.Gcr, face value, interest and penalty. Arr, alph, by name of irrigation district. No index, Kdw. on printed form, 11 X 5 X 14, Aud, off. va. Elections (Soc also entries 2£, 426) 392, REGISTER OF ELECTIOl'S, 1892—, 4 vols. Summaries of general, special, and primary elections as reported by the . board of coimty commissioners mooting as a canvassing board. Gives name and number of each precinct, year of election, names of ca^ndidates in each pre- cinct, office for which he is Cv'.::'lidatc, a.nd total votes cast for each crji- didatc, Arr. chron, by election year; tab guides. No index, Iid\T, 315 pp, 18 X 13 X 2a-. Vols,, 1-2, aud, bsmt, va,; vols,, 3-4, aud. off, va, 393, REGISTER OF ABSENT VOTERS, 1918—, 1 vol. Register of residents of tho county, vrho being absent and desiring to vote in primary and genera.1 elections, have applied to county a.uditor for 8.bsen- tee ballots. Gives name of applicant, date of application, residence, pre- cinct, date of and kind of election, date ballot sent, date and method of delivery and date returned, Arr, alph, by name of voter; tab guides. No index. Hdw. 150 pp. 13,o- x 9 x 1. Aud, off. va. 394, ELECTION lATTERS, 1913-18, 193S, 2 file boxes. Various papers concerning elections, including: (Declarations of Candidacy), entry 395; (Certificates of Election), entry 397; (Official Oaths), entry 398; and receipts for election supplies delivered to precincts, Arr, chron, Kdw, and typed on printed form, 11 x 5 x 14 - 4|- x 4^- x 10, 1 file box, 1913-18, aud. bsmt. va.; 1 file box, 193S, aud, off, va. - 159 - Auditor - Elections (395-401) 395, (DECLARATIONS OF CAiJDIDACY), 1913-18, 1936, In Election F-atters, entry 394. Original notices filed by persons announcing intention to become candidates for election to public office. Gives number of precinct of v/hich ho is a resident, political party of which he is a member, office being sought, date of election, statement of eligibility, post office address, signature of can- didate, date and signature of witnessing official, and signature of five or more signers affirming petition of candidate. 396. CERTIFICATES OF NOLilNATIOW, 1932. 1 vol. Discontinued. Copies of certificates affirming nominations of persons as candidates for election to public officer-. Gives date of nomination, name of candidate, office sought, political party to which affiliated, and signature of aud- itor or his deputy. Arr. chron. No index, Edw, on printed form. 25 pp. Gg- X 92- X I", Aud. off, va, 397o (CERTIFICATES OF ELECTIOIJ), 1913-18, 1936. In Election Matters, entry 394a Certificates affirming election of pub] xc officials for various offices. Gives date of election, name of person elected, office to wMch elected, and term of office; date and signature of th« clerk of the board of county commissi oners « 398, (OFFICIAI-. OATHS), 1913-18, 1936, In Election fetters, entry 394, Original instrujnents signed by co\mty officials about to assume office, de- claring their allegiance to tlie United States and their intention to conduct the affairs of their office accoi'ding to statutes prescribed, ^£^53 name of new official, office to which elected, term of office, and signatures of official and clerk of board of county comnaissioners. ^or other official oaths, see entry 118. 399, ELECTOR'S OATHS BEFORE REGISTRAR, 1936, 1 bundle. Original sworn statements of United States citizens affirming their eligi- bility to vote at an election, Gives name of county, number of precinct in which registration is sought, number of precinct v/here previously voted, statement concerning age, signature of elector, date and signature of the procinct registrar. No orderly arr. No index. Hdvj-, on printed fonn# 5 X 9 X 3a Audo bsmt, va, 400, RECORD OF ELECTIOi; TICKETS, 1892-1900, 1 vol. Discontinued, Record of ballots furnished to voting precincts at time of elections. Shovrs name of procinct, names of judges to vAom sent, date sent, number of ballots, hew delivered, date received and remarks, Arr. chron. No index, Hdw, 80 pp, 16 X 11 X 1, Aud, bsm.t, va, 401, RET'ORl^IED LETTERS, (ELECTIOIIS), 1932. 1 folder. Sealed envelopes containing ballots returned from the nost office that have been sent by registered mail to applicants for absentee ballots v^ho have failed to receive same, I'io orderly arr. No index. 9vf x 14 x w, Aud. off. va. Superintendent of schccls (Next entry 102, p. 163) XVI. SUPERIOTElviDENT OF SCHOOLS When the first territorial legislature created most of the county offices, provision was made for a coimty superintendent of schools ( L»T «I« 1863-64, sec, 1, p, 591), No provision was nade for a territorial or coimty educational system until 18 64, The second territorial legislature provided for such a system of schools, their management and supervision ( L«T»I . 1Cu4, ch. 6, p, 377), About 1875, probably due to the decline in the importance of the educational functions of the counties, the office of county superin- tendent was abolished and the auditor made e:c officio county superintendent in all counties. except two (Boise and Alturas),in v/hich the probate judge assumed the responsibilities of superintendent ( L.T»I # 1874-75, sec* 37, p« 532), In 1881, special laivs providing for county superintendents in six counties (Bear Lake, Alturas, Custer, Lemhi, Ada and Boise) wore enacted ( L«T,I . 1880-Sl, sec, 1, p, 433), In 1883, a general lavr was enacted pro- viding for the election of county- superintendents in all counties where there were five or more school districts (L,T*I, No more changes wore made in the office of county superintendent until the constitution was adopted in 1890, Yracn the constituti on was framed the office T/as elifdnatcd and the probate ^'"^dge made ex officio coimty superin- tendent ^£onst, of Ida, 1890, art, 18, sec, 6), An amendment making the county supe rin'".cnden'ir"a separate constituionc.l officer vro.s proposed and adopted in 1895 but supporting legislatj.on was not enacted until 1897 ( L,S,I, 1897, seco 1, p» 79)e No important cho.ngos liavo been made since that time. Although professional skill sliould ha.ve been principal qualifications. of a coun-cy superintendent, persons occupying the office between 1864 and 1897 were not required to have professional training,- The law creating the office of county superintendent: in 1897 (supra) provided that no person should be eligible to the of? ice of covinty superintendent unless he was a practical teacher and the holder of a va^id first grado certificate. Pro- fessional requirements have been increased since that time the tendency is to increase them still more. The twelfth session of the state legislature enacted a law requiring persons elected to the office of county superinten- dent to have either a state or a state life certificate and two years ex- perience as a teacher in the schools of Idaho ( L,S»I > 1913, ch, 115, sec, 3, p. 435), The qualifications remained thus until 1937, The 1937 legislature enacted a law requiring persons elected to the officj of county superintond- Dnt, in addition to other qualifications, to bo holder of a superintendent's and supervisor's certificato unless ]\q had been a county superintendent aftci* 1929 "(LpSoI, 1937, cho 178, sec. 1, p. ^94). There is no statutory enact- ment or regulation of the state board of education, outlining the education- al training, experience, and procedure necessary to acqu.rc such a certifi- cate. At present no parson is eligible to hold the office of coionty superin- tendent unless, in addition to the professional qualifications, he is t-wenty- five years old and a qualified elector of the county in which he seeks to be nominated ( L.T,I . 1897, sec. 2, p, 79; I.C.A . 1932, 32-202 j L. S.I . 1937^ ch. 178, sec. 1, p, 294), The county superintendent is the principal functionary charged with the supervision of the state's educational system in the county. Under the dis- trict system v^ith boards of trustees, the county superintendent exercises very littl direct Diana gemr.n-b,' His duties nre almost exclusively oonfiu^'d' ■Ho oa«.OEdir^tion and cupemticion. - 161 - Superintendent of Schools (llcxt cntrj'- -1-02, p. 1S5) The functions cf the county superintendent have cliangod little since the office v^as finally established in 1897, Likewise the term of office has not changed. It was fixed at tvm years duration by the act passed in 1897 and has reinaincd the same since that time (L,S,I» 1897, sec, 1, p, 79; I«C,A « 1932, 32-301), The constitution provides that the salary of the cou- nty superintendent must be fixed by law ( Const, of I da_, 1330, art, 18, sec, 6), Contrary to the provisions of the constitution, the law delegates to the board of comnxis si oners the authority to fix the salary, mthin upper and lower limits, of the county superintendent (l,C,A, 1932, 30-2606; am. 1937, L,S.I . 1937, ch, 73, p, 98). Like all other county officers, the county superintendent has mcJiy well defined povrars and duties, each expressed po\vcr implying a duty and vice versa, lie must take the oath of office and rive bond to the county in a sum not less than two thousand dollars ( ^qS,! . 1897, sec, 2, p, 79; I«C«A , 1932, 32-292). He is generally charged with the supervision of the county schools v.-ith the exception of those in wh^-t are ^oiovm as class A independent districts,! •'■t is his duty to visit the schools under his supervision at least onc'j in each school year and observe the methods of instruction em- ployed by the teachers, the manner of discipline and control, the classifi- cation of pupils, and the general management of the schools, ^^e must jive such encouragement and instruction to tlie various teachers as will be to the best interests of the school system, ( L«T,I . 1897, sec, 3, p. 79; I«C«A , 1932, 32-E03') In addition to the general expressed and im;^lied duties, he is required: To boserve and make examination of the canitary conditions of school build- ings and grounds (L.S»I, 1917, ch, 120, sec, 1, p, 407; I.C.A, 1932, 32-204); to organize meetings of the teachers in the schools under his supervision ( L.S,I , 1903, sec, 2, p, 284; I,G,A . 1932, 32-206); to desi^-nate at least five days in each month when he may be found in his office ( R,C, 1908, sec. 587; I.CA. 1932;, 32-207); to mjike annual reports to the state department of education L.S^I. 1890-91, sec, 12, pc 135; IcCA, 1932, 32-213); to make arrangement, upoi application of students, for their 'Attendance in districts other than their own ( L.S,I , 1913, ch. 119, sec. 1, subdiv, 47d, p, 4S3; I»C,A, 1932, 32-304); to post notices for the creation of nev/ school dist- ricts and advise the boa.rd of commissioners on the iTtatter ( L,T,I , 1865-66, ch, 6, title 7, sdc, 5, p, 133; I,C,A . 1932, 32-307); to conducl" examinat- ions for teachers (L,T«I, 1878-79, sec. 42, p. 23; I.C.A . 1932, 32-1103); to apportion public school money among the various school districts ( L,T. I« 1865-66, ch. 6, title 4, sec. 3, p, 127; I.CA o 1932, 32-808); to comiter- sign all orders for warrants (L ,S,I . 1905, seco 2, p. 93; I.C.A , 1932, 32-810); to report to each district on the condition of its finances for the preceding quarter ( L.T,I . 1882-83, sec. 1, p, 34; I,C,A, 1932, 32-812); to procure during July, an enum.eration of all school-ajo children in vm- organized school districts ( L,S«I , 1929, ch, 101, sec, 3, p. 1B5; I_,C»A< 1932, 32-403); to designate a day as Arbor Day in the month of April 1 l«S,I . 1903, sees, 1-3, p, 215; I.CA . 1932, 32-2209); to attend all meetings called by the state superintendent ( l,S,I , 1893, sec, 11, p, 187; I>C, A, 1932, 65-1403); to post notices of the compulsory education law and ?.ave the same published in a newspaper ( L,S,I , 1911, ch« 159, sec, 174, p. 539; I.C.A . 1932, 32-1503; am, 1933, ch, 162, p, 230); to report pupil delinquen- cies to tho probation officer ( L,S,I , 1911, ch, 159, sec. 150, p. 540; I.C.A , 1932, 32-1507); to keep his residence at the county seat unless authorized by the county commissioners to reside olscwhcrc (R,S, 18c7, soc, 1825; I,C,A, t- . . ■» f * • - 162 - Superintendent of Schools (Next entry 402, p, 163) 1932, 30-1512); to report to the county commissioners any conflict in school district boundaries ( L.S«I . 1897, sec. 12, p. 79; I.C.A, 1932, 32-215); to furnish c. description of school district ■boundaries to school census marsh- als if necessary (i bidp ); to perform all supervisor duties as proscribed by the state board of""oducation ( L.S,I . 1911, ch. 159, sec. 37b, p. 497; I,C,A » 1952, 32-205); to submit budp^ct estimates for each fiscal year (L. S«1 . 1912, e:ctra session, ch. 8, p. 25; rccn, L.S.I, 1927, ch, 232, p, 338; rcen, L.S.I. 1931, ch. 122, sec. 2, p. 210; I.C7X."T952, 30-1202). In addition to his expressed duties and implied powers, he has express- ed power: o employ such assistants as the work of his office requires ( L.S.I . 1911, ch. 159, sec, 37e, p. 497; I.C.A. 1932, 32-208); to require trustees to provide for the erection, equipment, care and sanitation of pub- lic school buildings if there is money in the treasury for tliat purpose { R»C_ . 1908, sec. 588; I.C.A , 1932,32-210); to appoint school" district trus- tees in case of vacancies (L.S.I. 1S97:, sec, 13, p. 79; I.C.A. 1932, 32-608); to call meetings of school Foards for the purpose of instruction and advice (L.S.I, 1909, p. 19; I.C.A . 1932, 32-623); to reconnend applicants for ad- mis:--ion to the normal schools (L.S.I. 1G93, sec. 11, p. 179; I .C .A, 1932, 32-2611); to pass upon applications~~f or exemptions from the requTrements of the compulsory school law if there is no city superinteaident in the distr- ict (L.S.I. 1921, ch. 215, sec. 75-|, p. 463; I-C^^. 1932, 32-1501); to issue county teaching certificates on examinat'i on (LoS.I, 1921, sec. 92, p. 469; I.C.A. 1932, 32-1117); to conduct eighth grade" e?:oj-ainat ions oxid grant diplomas (. L.S.I . 1907, sees, 1-3, p. 168; I .C.A . 1932, 32-2208; am. L,S,I. 1933, ch. 93, p. 146); to apportion and traiisfer to other counties tuation money due on accoimt of resident students attending school in other distr- icts and to receive tuition money from other counties due on account of non- resident pupils attending school in the county (L.S.I, 1935, ch. 205, sec, 9, p, 409). County superintendents are required to keep the follov;ing records: A record of all their official acts, files of all blanlcs, maps and charts sent to them by teachers and school boa,rds (L.T.I, ir3o-66, ch, 6, title 4, sec, 5, p, 128; I,C,A, 1932, 32-211); a register cf teachers employed in the county (LcS.T.~T897, sec. 6, p. 81; I.C.A . 1952, 32-211); a record of all teachers' certificates granted or revoked ( L.S .I. 1897, sec. 11, p. 83; I.C.A, 1933, 32-1128); a record of school district boundaries (See L.S.I . 1890-91, sec. 16, p, 135; I. C.A . 1932, 32-215); a school district ledger or financial record vrith separate accoi^nts for each school district ( L.S.I . 1893, sec. 32, p. 187; I.C.A. 1932, 32-808); a record of all school book orders (L.SoI. 1899, sec, 9," p. 403; am. 1907, sec. 9, p. 476; am, 1911, ch. 159, sec. 31, p. 495; repealed L.S.I, 1913, ch, 115, sec. 22, p, 452). Records in the county superintendent's office in Kootenai County cons- ist of those required by law and those not specif icially required by law but necessary to the proper perforr.ir.nce of legal duties. No diploma or eighth grade examination record is legally required. The duties of the officer require the keeping of such a record, A combination record contain- ing information with respect to eighth grade examinations and diplomas is being kept by the county superintendent in Kootenai County (^iplona Record, entry 417). Most of the volume records are complete. Some file box matcria.l is missing. ~ 165 — Super intend ont of Schools •• Roccipts and Dis- (402-407) burscmcntsj Apportionments Receipts and Disb\irscmcnts (See also entries 347, 348) 402. SCHOOL DISTRICT LEDC7ER, 183 7-94, 1896-1907, 1911-22, 1928-30. 10 vpls. Title varies: School District Accounts, 1867-92, 2 vols,; Journal, 1892-94, 1 vol.; School District Account Book and "iTarrant Register, 1896-1903, 2 vols.; County Superintendent's School District Ledger, 1903-7, 2 vols.; County Superintendent's Order Register, 1911-22, 2 vols. Discontinued in this form. Fragmentary records of financial accounts l:cpt by school superintendents and discontinued or varied by each succeeding official. G-ivcs date, v/arrant number, items, name of payee, amounts and funds debited and credited. Vols,, 1887-89, 1892-94, 1899-1907, 1911-14, arr. chron.; vols., 1890-92, 1896-99, 1914-22, 1928-30, arr, num. by district no.; tab guides. No index, Hdw. on printed form, 120-500 pp, 19 x 8 x 3/4 - 13 x 13 x 2, Supt, sch, strm. For subsequent related record, sec entry 403. 403o COUl^ITY SUPERINTENDENT'S FIILuraiAL RECORD, 1930—. 7 vols. Record of all receipts and expenditures of bu-ih ooi.i on and independent sch- ool districts. Receipts give date, receipt liumbcrj source, and fund credited Expenditures indicated in such funds as libraiy, inpitruction, operation and maintenojicc, equipment, bond interest, buildings and grounds, give date, ord- er number, to whom paid, purpose of expenditure, Arr, num. by district no.; tab guides. No index, Hdv;, on printed form, 125-200 pp, 15 x 10 x 2 - 20 X 16 X 2, Supt, sch, off,, in cab, ^or prior related record, sec entry 402. 404, ORDERS FOR WARRANTS, 1931—, 2 file boxes. Duplicates of School "Warrant Orders, entry 373, Arr, num. by school district nos. No index, Hdw, on printed form. 11 x 5 x 12 - 11 x 5 x 18. 1 file box, 1931-35, bsint, st. va,; 1 file bo::, 1936"-, supt, sch, off,, in cab, App ort i onme nt s 405, TAX APPORTIOmiENTS, 1903-18, 4 file boxes. Discontinued, Copies of itemized statements showing apportionment of school funds among the various comnon and independent school districts in the county as reported to the auditor by the superintendent of schools. Gives date, name or number of district, sum apportioned, and purpose for which payment was made, Arr. chron. No index, "-dvf, on printed form. 10 x 5 x 14» Bsmt, st, va, 406, SPECIAL T/iX SHEETS, 1925-30, 1 file bcc:. Discontinued, Folders containing auditor^s reports of amot,intn apportioned to school dist- ricts vdthin the county from ftinds raised through special taxes, and accomp- anied by the certificates authorizing such amounts. Gives date, name or number of school district, amount of tax raised, sum apporbioned, certificate number, and purpose of payment, Arr, chron. No index, Hdw, on printed form, 11 X 5 X 17. Supt, sch, off,, in cab, 407, COMBINED APPORTIOMffiNT RECORD iJTO CUSS-ROOM UNIT WORK SISETS, 1935—, 1 vol. Classroom unit work sheet and budget record for all com;-jon and independent school districts. ViTork sheet gives summary of census and r.ttendance. - 164 - Superintendent of Schools •» Tuition Claims} Reports (408-41E) assessed valuation for district, levy and apportionment. Budget record gives estimates for general school purposes, amounts available, cash bal- ''ance, amount due, amount raised by district tax, mill levy for general purposes, high school requirements, levy for high school purposes, trans- portation allotment, bond pajinents and interest: total for all purposes, Arr. chron. No index, Hdw« 10 pp. 19 x 14 x g, Supt. sch, off., in cab. 408. FOREST RESERVE FIMD RECORD, 1921-32. 1 vol. Discontinued, Record of amounts credited to county school funds, by action of the State Board of Equalization in apportioning money earned through the Forest Reserve. Gives date, and amount a_Dportioned, Arr. chron. No index, Hdv/, 130 pp, 16 X 11 X Iv, Supt* sch, strui. Tuition Claims 409, HIGH SCHOOL TUITION CLAIMS, 1315—, 4 file boxes. Duplicates of original claims presented to collect tuition for students who have attended high school in districts outside their home districts. Gives date, number of district presentin;- clain, number of district owing tuition, name or names of pupils for whora tuition is claimed, term of cn«« rollment, rate per m.onth, total claimed, amomit charged to state and cc unty, amount due from district, and signature of superintendent; also certi- fication of superintdndent presenting the clain authorizing the auditor to issue a v/arrant in pajinent of amount 'O'l-d'-aned. Arr, chron. No index. Hdw, on printed form. 11 x si" x 8 - 12, x 5 x 18,, 3 file boxes, 1915-35, bsmt. st, va,; 1 file box, 1936 — , supt, sch, off,, in cab. Reports (Sco o.lso entries 32-34, 264, 265, 330, 352-556) 410. CENSUS I.iARSEAL'S REPORT, 1892—, 1 vol. Record of annual check on num.ber of children eligible to attend school in common school districts. Gives district number, name of parent or guardio.n, name of each child, date of birth and nationality; number of boys and girls of school age, and totals; date report v;as filed, and remarks, Arr, nujn, by district nos. No index, Hdw, on printed form, 320 pp. 16 x 13 x 2. Supt. sch, strmu For original inr^trumcnts, sec entry 411, 411. CENSUS FiARSm\L»S REPORT, 190o'-21, 1[,'34— . 7 file boxes. Original instruments containing information as in entry 410, Iirr, chron. No index. Hdw, on printed forrA, 10 x 5 x 14 - 11 x 5 x 18, 6 file boxes, 1903-21, bsmt, st, va,; 1 file box, 1934 — , supt, sch. off,, in cab, 412. TRUSTEES* AWIUAL REPORTS, 1899—, 1 vol. Record of reports made to the county superintendent by trustees of conmcn school districts. Gives date, district number, name of clerk of board of trustees, number of teachers employed, and abstract audit of all receipts and expenditures showing amovmt in each fund, amount paid out, and balance on hand; summary of district census enrollment, amount of levj^' and property valuation of the district, Arr, chron. No index, Hdw, on printed form. 250 pp, 17 X 15 X 2, S\ipt, sch, strm. For original instruments, see entry 413, - 165 - Superintendent of Schools. "-Eighth Grade Record; (413-419) Teachers and Trustees 413, TRUSTEES' ANMJAL REPORTS, 1904-26, 1931—. 5 file boxes. Original instriojnents containing information as in entry 412, Arr, ohrcn. No index, Hdw, on printed form, 10 :•: 5 x 14 - 11 x 5 x 17, 4 file boxes, 1904-26, bsmt. st. va,; 1 file box, 1931 — , supt, soh. off,, in cab. 414, TEACHERS' TERI'I REPORTS, 1399—, 1 vol. Record of reports made to county superintendent by teachers in common school districts at the olose of school term. GItcs date of beginning and ending of term, name or number of district, enrollment, daily and average attend- ance, and total; segregated races and totals, age and grade of pupils taught, teachers' monthly salary, estimates of equipment such as books, furniture and apparatus, improvements and playground activities, report on defective children and program for rehabilitation, signatures of teacher and clerk of board of trustees, Arr, chron. No index, Hdvf, on printed form, 300 pp, 18 X 12 X 2, Supt, ach, strm. For original instruments, see entry 415, 415„ TEACHERS' TERI.: PJCPORTS, 1911-27, 1D53— , 5 file boxes, 1 b'vmdlc. Original reports containing information as in entry -il** Arr. chron, _Ko index, Kdvir, on printed form. File boxes, 12 x 5 x 18; bundle, 12 x 9-g- x 7^-. 4 file boxes, 1^,11-21^ and bundle., 1922-27, bsmt, st, va.; 1 file box, 1933—, supt, sch, off,, in cab, 416. TEi\CEERS' MONTHLY REPORTS, 1936—. 1 file box. Folders containing reports from teachers in both rural and independent dis- tric'tis concerning attendance during the month. Gives number of students on census list and number enrolled, average daily attcndraicc, number of days absent, number of days present, and average daily absence. No orderly arr. No index, Kdw. on printed form. 12x 5x18. Sup+, sch, off,, in cab. Eighth Grade Record 417, DIPLOM RECOPJ:, 1900—, 3 vols. Record of diplomas issued to eighth grade students iTho have passed satis- factory examinations in required subjects. Gives diploma number, name, add- ress, and age of student, district number, date of examination, list of sub- jects, grades earned in each subject, and name of teacher. Arr, num. by diploma no. No index, Hdv.r, on printed form, 96 pp» 13 x 10 x 1. Supt, strm. Teachers and Trustees (Sec also cntrior 412-416) 418, REGISTER OF TEACIiERS EMPLOYED, 1895—, 1 vol. Record of all teachers employed in the county schools. Gives district num~ ber, name and address of teacher, amcnt of salary, gra.dc of certificate hold, date employed, date contract expires, grade or grades taught, Arr, chron. No index. Hdw, 318 pp, 18 x 13 x 2. Supt, sch, off,, in ca.b, 419, RECORD OF TEACHERS' INSTITUTE, 1903-27. 1 vol. Discontinued. Record of the proceedings in teachers' annua,l institute meetings. Gives nataoB of Incturers appearing boforn luootings, day aiiA hour of all sessions. - 166 - Suporintendcnt of Schools •- fcc.chers and Trustees (420-425) and lecture subjects, name and address of each teacher, number of days each attended, name and address of district in v/hich each teacher taught, Arr. chron, IIo index, Hdw, 101 pp-« 16 x 12 x 1, Supt, sch, strm, 420, RECORD OF TEACHERS' CERTIFICATES, 1892—, 2 vols. Title varies slightly. Record of certificates signed by the county superintendent that certain des- ignated persons have fulfilled all requirements and arc entitled and licensed to teach in public schools for a poriod stated. Gives nanc, address and ago of teacher, subjects in which oxaninod, grades earned, grade of certi- ficate issued, and date certificate expires, Arr, chron. Ho index, 1802- 1920; indexed alph, by naxae of teacher 1921—. Hdw, on printed form and hdv/, 150-318 pp. 15 X 11 X 1.^- - 18 X 14 X 2. 1 vol,, 1892-1920, supt, sch, strm.j 1 vol,, 1921—, supt, off., in cab, 421, Ti;/i.CHERS EXAl/IINATIOW GRADES, 1910-34, 3 file boxes. Discontinued Card record of all data in connection with teachers' examinations. Gives nojnc and address of teacher, grades earned in each subject, grade of certi- ficate for which examined, personal hictory, professional training and ex- perience. 2 file boxes, 1910-21, no orderly arr,; 1 file box, 1921-34, arr. chron. No index, Hdvj-, oJi printed form, 11 x 5 x 12 - 12 x 5 x 18, 2 file boxes, 1910-21, bsmt. st. va.; 1 file box, 1921-34, supt, sch, off., in cab, 422, (EJLW.IINAIIOH RECEIPT STUBS), 1910-20, 1 bundle. Discontinued, Stubs of receipts ■'.ssucd to persons paying feos for teachers' oxarainations, Givos namo,datc pnid» cjaovur'c of fee, and ci-y.tur;; yl coivvby supcrir.te.-idcnt, Arr, :'Ai:\. by rccci-ot ::\o, .'.'o i:".dc:i, Ildir, on printed form, 4 :■: 7 x 5, "Bsmtt st. va. 423, CASE BOOK (Fees), 1914-33, 1 vol. Discontinued, Record of fees paid by persons taking examinations for teachers certificate to be issued for the first time or as a renev;f.l of certificate. Gives date, name of payee, and amount of fee, Arro chron, Nq index, Ildw, 200 pp, 16 X 11 X 1^-, Supt, sch, strm, 424, TEACHERS' CONTR/1.CTS, 1904-31, 1933—, 6 file boxes, Origina.l agreements between trustees in school districts and teachers to be employede Givea date; name and number of school discrict, term of school, salary to be paid, conditions of contract, as to its fulfillment; grade of certificate he].d by teacher, date issued., date of expiration; signature of chairman and trustees of school board and teacher, /vrr, chron. Wo index, Hdw, on printed form, 10 x 5 x 14 - 12 x 5 x 18, 5 file boxes, 1904-31, bsmt, st, va,; 1 file box, 1933 — , supt, sch, off,, in cab, 425, RECO^.D OF TRUSTEES, 1893—, 3 vols. List of persons in the various school districts who have been appointed or elected to serve on the school board. Gives district mimbcr, date ar.pointed or elected, name and address of trustee, term of office, position held, iirr, chron. No index, Hdw, 297 pp, 16 x 11 x 2, '^"ols,, 1, 2, supt. sch, strm,; vol, 3, supt, off, in cab. - 167 - Superintendent of Schools - Elcctiol-cj School District (426-430) Boundaries? Corrospondonoo; Plats and Mr.ps Elections (See also entries 28, 392-401) 426, ELECTIOl! RETIJEUS, 1908-34, 1936— • 20 file bosses, 1 hmdle, 1 file HraviTer. Title varies slightly. Returns from election in school districts for the p\-rpose of electlnr trus- tees, voting special taj: levy, and returns certifying the approval of bud- get of receipts and expenditures. Gives date, district number, trustees' oaths of office, and rotujrns of votes oast for each item voted upon, Arr. chron. No index, Hdvj-, on printed form. File boxes, 5 x 12 x 12 - 11 x 5 X 17; bundle, 10 x 9-^; x 5; file dravrer, 11 x 16 x 24. 18 file boxes aiid bundle, 1908-34, bsmt. st, iiT-a.j 2 file boxes and file drawer, 1936 — , supt, sch, off. School District Bour.daries (See also entries 21, 22) 427. SCHOOL DISTRICT BOUNDARIES, 18G9-1924. 3 vols. Record of original and corrected school district bo' iidaries, as ordered by commissioners oirectiii;^- changes in boundr^ries previo- sly defined, copied from the minutes of the county commissioners meetings, "jives school dist- rict number, date of organization, legal cescripticn "f boundaries by sec- tionj tovmship and range; corrections made, book and page vrhere recorded in Commissioners' Journal, Arr, chron, lo index, lidr/, and typed, 396-550 pp, 16 X 11 X lo- - 16 X 11 :; zh, Supt, sch, strm, 428, FETITIOlIS, 1932--. 1 file bo::. Petitions directed to the coun.ty commissioners by residents of school dist- ricts favoring changes or adjustments iji district boundaries, or creation of rural high schools. Gives district namber, :aumber of district to be created, if any; detailed statement of request, signature of patrons of district, nam-es and ages of all children of school age resid-ing vrithin the district, in cases of high schools; and date petition vjas filed, Arr, chron. No index, Hdw, on printed form, 11 x 5 x 17, Supt, sch, off,, in cab. Correspondence 429, HISCELLAI^IECUS lAIERS - LETTERS, 1923-28, 193G — , 9 file bo::es. Folders containing letters received and carbon copies of letters ans.TCred relating to school activities; price lis'cs of school supplies; bulletins from the Anti-Tuborculosis Association, Dopartment of Agriculture, and State Board of Education, 7 file borces,, 1D23''27, no orderly arr,; 2 file boxes, 1928, 1936 — , arr, alph, by ncjae rf cor: sspondent, T-rpQ,^ □_nd print- ed. 12 X 12 X Z„ 8 file boxes, 1923-26^ bsr.:l.- st, va„; 1 file box, 1956 — , sunt, sohc .off., Plats and ivlaps (See also entries 144-146, 310-319, 432, 433) 430, BLUE PRIMS OF SCHOCL DISTRICPJS, 1913, 1 vol. Discontinued, Blue-prints showing all school district boundaries and all lakes and rivers ■within each district, Arr, num. by district nos, Ho index, 1 inch equals - 168 - County Bocird of Health (431) 1 mile. Handdrawn, 100 pp. 18 x 16-| x 3/4, Supt, sch. strm. 431. SCHOOL DISTRICT PLATS, not dated, 1 vol. Series of plats showing boundaries of all school districts in Kootenai County, described by section, township, and range, cjid in some cases desig- nated by district numbers, Arr, nura, by sections. No index, Handdrawn, 319 pp, 17 X 14 X Ig-, Supt, sch, strm. XVII, COUHTY BOARD OF ilEALTH The county board of health performs the function classified as "health and sanitation" (cf, essay on county governmental organization and records system, p. io)« In so far as the county coiiimis si oners perform the duties of a county board of health, they are the functionaries. The first county board of health v.as created by an act of the thirteen- th territorial legislature in 1885 (LcTc_I_. 1884-85, p, 52), The law was cod fied as part of the Revised Statutes" :n 1887 (_%S. 1887, sees, 1150-1154), V/hen the state board of health was creatiod in 1S07, a section was in- cluded creating a county board of health (L^SjJ, 1997, sec, 19, p. 182), but specifying that "che law should not conflxct witn the original lav; enact- ed in 1885 (supra) and codified as sections 1150-1134 of the Revised Statu- tes, The wording of the law in each act was somev/-hat different. The county board of health at the present time is considered one of the local boards of health as distinguished from the old state boord of health, abolished and the duties transferred to the department of public welfare. The other local boards of health are those organized by toTms and cities. The county board of health has supervision of the tovm and city boards of health but is goveimed somewhat in its actions by the state department of public welfare ( L,S.I « 1907, sec. 19, p. 187; I. C,A , 1932, 38-301), The law enacted in 1885 made the county board of comurdssioners and a physician appointed by them, the county board of health. As the law stands on the statute books nov/ the appointed jihysician is only an ex officio mem- ber of the board and the "executive officer thereof", I'lany of the duties to be performed by the board are duties of the physician. He is treated under the law as a quasi county officer and is frequently referred to as the county physician, although the county ph;;-sician is another officer app- ointed by the county commissioners (ibid«) One part of the act reqvires that the board of corjiiis si oners as a board cf health appoint a qualified physician as health officer and another part of the same aot specifies that the health officer need not be the county physician (ibid,). Under the pro- sent law the commissioners have a right to appoint a physician, and as a board of health, they have a riglit to appoint another physician as county health officer (ibid,)* The board is required to meet quarterly in the months of January, April, July and October or as much oftener as they deem necessary. They have povrer to adopt all needful rules and regulations for the r.ovcmjTiont of their own body (L,S.I, 1907, sec, 20, p, 188; I.C.A, 1932, 38-3G2), All of v/hich must - 169 - County Physician (Next entry 432, p. 173) not be inconsistent with the rejjulations of the state department of public welfare. ( L.S,I . 1907, sec, 19, p. 187; I.C.A . 1952, 38-301.) They must provide for the inspection by the health officer of all county buildings, jails and other public institutions at least once a year and nust report on the sanitary conditions to the department of public -vclfarc. They must also examine the sanitary conditions of public school buildings and public drink- ing fovmtains, ( R.C . 1908, sec. 1097aj I.C.A . 1932, 38-304.) It is the duty of the county health officer as such, immediately upon his appointment, to transmit to the department of public welfare his name and address. He must keep accurate records of the proceedings of the local board of which he is secretary and furnish a report monthly to the depart- ment of public welfare with a report of his own official acts. The outbreak of all epidemics must be reported immediately. ( L. S_» 1 . 1906, sec. 22, p. 182j I.C.A . 1932, 38-306.) The only duties outlined f«r the cornty physician as different from the county health officer arc that he must examine all tuberculosis patients for hospitalization (l-.S_,__I. 1931, ch. 205, sec. S, p. 394j I.C.A. 1932, 38- 406) and must attend to poor persons w}:o are imder quarantine ( L.S.I . 1907 sec. 20, p. 182; I.C^A. 1932," 38-302). The county board of health has the power: To appoint deputies ( L.S.I . 1907, sec. 19, p. 187; I .C.A. 1952, 38-301); to effect quarantines of infect- ed houses and other establishments ( L.S.I. 1907, sec, 24, p. 190; I.C.A . 1932, 38-308); to disinfect houses or other establisliments where there has been contagion ( l.S.I . 1907, sec. 25, p. 190; I.C.A . 1952, 38-311); to disin- fect bedding or clothing v/hen the same have been exposed to infection ( L.S.I. 1907, sec. 27, p. 191; I.C.A, 1932, 38-312); to exclude persons exposed to contagious diseases from schools and other public places ( L.S.I , 1907, sec, 28, p. 192; I .C.A . 1952, 38-513). The only record required to be kept by the county board of health is kept by the health officer as executive officer of the board (L.S. I, 1907, sec. 22, p. 188; I.C.A. 1932, 38-306), No board of health records have been reported as being kept in Kootenai County, XVIII. COimTY R-IYSICIAInI The functions of the county physician as distinguished from the county Voard of health and the county health officer, who must also bo a physician, are sometimes confusing and can only be explained by the history of the two. The county commissioners were required to appoint o. physician to attend to cases of sickness among the covtnty's poor and the indigent sick in the county hospital as early as 1983 (LjiT.J[_. 1082-83, p, 73), This connects the ooi-mty physician directly vath the function designated as "social welfare activities" (cf, essay on county governmental organization and records sys- tem, p, lo). The county board of health originally provided for in 1385 and reenacted as part of the law creating a state board of health in 1907, (cf. essay on 7; J - 170 ~ Comity Welfare Commission (Next entry 'iSE, p, 173) county board of health, p, 163) was created for the purpose of performing the function of health and sanitation as distinguished from, the care of the indigent sick. Under the provisions of the statute the covrnty health offi- cer can also be county physician (l»C,A, 1932, 38-501 )» The duties of the county physician are limited. He is required: To attend to and render medical care to the inraatcs of the poor house and the county hospital (L.T,I. 1882-83, sees, 3-5, p, 78j I.C,A, 1932, 30-2902); and to render medical care to poor persons who are in quarantine (L«S»I» 1907, sec. 20, p. 182; I.C«A . 1932, 38-302). The county phjrsician is not required by lavf to keep any records and accordingly none were found in Kootenai County, ^or coijnty commissioners ' 'vralfarc and indigent records, see entries 25- 25. XIX. COWITY i;^ffiLFAEE COMIISSIOH lAfhen Idaho Territory v^ras organized in 18S3 the counties were intrusted with the care of and responsibility for the indigent sick and othormsc do- pendent poor (Ls T,! . 1863-e-I-. sec, 19, p« 526), Tjic law underwent a fcvj- changes between 1864 and 1921 ^vhcn it v/as repealed in its old form and ro- onacted in a new but very sim.ilar form (L ,S,I , 1921, oh, 141, sec, 1, p, 328; I.C^A . 1932, 30-3301). Amendments v-orc effected in 1935 ( L.S.I . 1935, ch, 62, p. 114), and again in 1937 (L.S.I. 1937, ch. 81, p. 108), The law remains substantialljr the same as it vrc.s originally. The method of administering relief under this act was clarified in 1885, Before this time the procedure Viras vague o The tMrtccnth session of the territorial legislature mxide it posrible for any needy sick or indigent person to obtain relief if actually in need by making application to the pro- bate judge, the clerk of the board of conmissioncrs, or to any justice of the peace in the precinct. The persons to whom application v;as made, if the board of county commissioners were not in session, might grant relief by admitting applicants to the comity hospital or poor house or if there were no county hospital or poor house, by grojiting an allovjance not to exceed forty dollars, ( L.T.I . 1884-85, sec, 1, p. 127; I,C.A . 1932, 30-2904s) The coimnis si oners must finally determine the relief needs and the amount allovrod (L,T,I. 1884-85, sec. 3, p. 127; I.C.A. 1932, 30-2906), This law providing for the relief of needy persons in general has been affected by the passage of other lav/s providing for the relief of certain classes of needy persons. The first act to differentiate between certain classes of needy persons and those classed as indigent sick or othorv;-ise de- pendent poor, was passed in 1913 (L .S.I , 1013, oh, 73, p. 310). The act vms amended in 1915 to broaden its scope and clarify it generally (L.S.I. 1915 ch. 135, p. 293) and more minor clianges were made prior to 1937"^ "Xn" general, this act provided relief for women whose husbands vrero dead or in the sta+3 penitentiary or other specified state institutions -which made the support of their families impossible, if such women vrere poor and had dependent children under fifteen years of age. The. pr<>l>n.t'-i jxidgi^ vri.tli tht^ appi'oval of t.ha o'.i)ij-!:y oommi.'=;r.iciri.ei-s admini .s(v^r<->d it. - 171 - Coxmty Welfare Commission (Next entry 432, p, 175) In 1917, an act was passed for the relief of needy blind persons ( L»S«I» 1917, ch, 89, p. 311), Men over the age of twenty-one and women over tHe age of eighteen who, by reason of the loss of their eyesight, were unable ■*". provide themselves with a living and consequently v;ould become a charr^e upon someone not required by law to support them, v/ere eligille for relief. The probate judge was the exclusive administrator of relief under this act. In 1931, the legislature enacted the first old age pension lavr ( L»S«I > 1931, ch. 16, p. 19). Under the provisions of this law needy persons over sixty-five years of age were entitled to pensions not to exceed tYj-cnty-fivc dollars per mbnth, if all the other provisions of the law were complied with. The probate judge and the board of county cormissioncrs v/cre designated ac an old ago pension oomjuission vri.th the probate judge the active administrator of the lav;» The last lav; enacted for the relief of certain needy dependent persons, other than those vriio are employable, was enacted in response to and in cooperation vd-th the federal government. The Natioiial Social Security Act ( U«S, Statutes at Large , Washington, D,C, 1936, vol. 49, title 1, p, 620) provided for grants in aid to states which enacted proper la\rs to cooperate mth the federal government. The law enacted by Idalio is ]aiov/n as the "Pub- lic Assistance Law" (LoS.Ic 1937, ch, 213, p, 372), The law provides gener- ally for the relief of~thrce classes of dependent ncody persons, aged, blind, and dependent children. This enactment repealed the mother's pension law enacted in 1913, the blind pension law enacted in 1917, and the old age pen- sion lavx enacted in 1951 (ibid,, see, 42^ p. 390), leaving only the law for relief in g-cneral, enacted in 1563, unrepealed. Even this has been affected somcv/hat by the ncvr law. The various county boards nay enter into agreements v/ith the state department of public assistance for the care of dependent per- sons for v;hom no federal appropriation has been made (ibid., sec, 15, p. 361), The administration of assistance as far as the county is concerned is the responsibility of a county welfare coniraission created by the act (ibid,, sec, 11, p. 379), The personnel of the commission consists of a coiuity supervisor appointed by the state department of public assistance, one mem- ber appointed by the board of county comrndssioncrs \r]-.o may bo a member of their ov/n body removable at the ^Till of the board, and three other members designated jointly by tho county commissioners and the state department, to hold office for a period of three years except that the members of the first commission shall hold office for one, t'/ro and three years respectively. The county welfare commission uaider the supervision of the state de- partment of public assistance is authorized: To supervise the work of tho county supervisor; to supervise the granting of assistance authorized by cooperative agreements made by the ccimty board iTith the state department for the care of persons for v;hom no federal grant has been made (ibid,, sec, 13, p. 380; subdivs, 1, 2), It is tho 'duty of tho county vrelfare commissioner: ^'o make reports to the state department as required; to submit to tho county bo:-.rd a budget es- timate of tho amount of money required from the coimty for all forms of pub- lic- assistance allo^^vod to be granted by the county v/elfarc commission; a.nd to provide services for the protection road care of children hcjidicappcd on account of dependency or physical or mental incapcvoitics, or who are in dan- ger of becoming handicapped, and to cooperate vdth all other agencies public - 172 - Survoyor (Next entry '1-32, p. 173) or private that provide help for this class of children (ibid,, sec. 13, p, 380, subdivs. 3, 4, 5). Tho law does not require that any particular records be kept by the county welfare commission* All county welfare commission officers have a system of case records for each individual person receiving assistance, and other files necessary for the proper handling of the business. No county welfare commission had been set up in Kootenai County at the time its records were inventoried and therefore no records for this commis- sion have been reported. or commissioners' vrelfare records, see entries 23~25j for probate judge pension records, see entries 243-246. XX, SURVEYOR The county surveyor*s office and duties are closely connected with the activities of the board of county comr.iissioners as they pertain to the build- ing and maintenance of roads and bridges and the surveying of county lines in connection therevjlth. Since road bvildinr as a covjity function has dimin- ished in general and disappeared in sorac coi^nties or account of the increase in tho activity by highway districts and the department of public Virorks, the responsibilities of the county surveyor, once extensive, have now become in- significant. In many covnties the surveyor receives a nominal salary and in others is paid for each Job, IVhcn the office, among other offices, was created in 1864 ( L,T.I, 1863- 64, sec, 1, p, 591), the duties were extensive, A vn.st -vd-ldorncss of terri- toty with a few well defined or marked roads, v/as embraced by each county, Tho surveying of county section lines for road purposes vras an important duty which carried on down through the years until all necessary roads had been surveyed or the planning had been taken over by road or highyreiy dist- ricts or included in the state's system, of highv.Tays and those built and maintained by the state in cooperation with tho federal government, Kootenai County has an elected surveyor vAo is paid trro hundred dollars yearly, The salary paid is not supposed to bo full-^imc compensation, since the responsibilities of the office do not require the person elected to devote more than part of his time to v-'hatever work there may be. The surveyor like all other officers must be an elector of the county and state ( L.S.I , 1890-91, sec, 5, p, 57; I,C.A . 1932, 57-101). Upon enter- ing his office he must take the oath as prescribed by law ( R,S « 1887, sec, 350; I,C,A, 1932, 57-401), and give bond to the county in the sum of two thousand dollars ( R.S , 1887, sec, 1028; I.CA , 1932, 30-1515), The term of office is two years. The surveyor v/as assigned general duties by the first territorial legislature most of which arc on the statute books at present in about the same form, ^ is required: To make surveys as ordered by the court or on application of any person ( R.S, 1887, sec, 2067; I.C.A , 1932, 30-2201); to make all surveys, maps and plats requested by the board of commis&ionors (L,S,I, ] R9Y, sec. 8, p, 21; I,C,A. 1932, 30-2207); to nualco sm-voys in * - 173 - Surveyor - Plats and Maps; . ; (432-434) Field Notes conformity with tho U.S. manual of surveying instructions ( L»S«I « 1897, scc» 1, p, 19j I,C,A . 1932, 30-2209); to Jtiakc reports to the department of public works ( L.S'.I . 1919, ch. 8, sec, 36, p, 64; I . C .A . 1932, 65-3101); to act as county road supervisor when appointed by the board of comiiussioucrs ( P._«_C 1908, sec, 883a; as enacted by L.S«I . 1911, ch. 60, soc. 3, p, 168; I^._C«A, 1932, 39-406); to deliver a copy of any survey to any court or person re- quiring the same upon payment of tho fee allowed by lav/; to mjark all estab- lished corners by stones or other imperishable material placed securely in the ground; to turn ever all records and plats to his successor in offioo ( R,S, 1887, sec. 2067; I.C.A, 1932, 30-2201). The surveyor has power to administer oaths to chairmen and flagmen'- hire to assist in making official surveys (L.S.I, 1897, sec. 4, p. 20; I.C.A . 1932, 30-2202), " He is required to keep a fair and correct record of all his official surveys, in books proved for that purpose. All re ords of road surveys and county boundary lines must be kept as separate records ( R.S « 18G7, sec, 2067; I.C.A , 1932, 30-2201), Only a fcv/ records were reported as being kept by the surveyor of Kootenai Countye Tv;o of those, the Road Plat Book (jntry ■i'^2) and the Field Notes (entry 434) are thoso specifically required by law. For county commissioners' road and bridge matters, soc entries 21-29; for surveyor's reports to county commissioners, sec entry 46, Plats and llaps (Sec also entries 144-14S, 310-319, 430, 4S1) 432, ROAD PLAT BOOK, not dated. 1 vol, Hand-dravm plats shov/ing sections, tovmship and range with lines indicating the exact course of all roads and highways in Kootenai Coimty, Arr, num. by twp. and range nos. No index. Kanddrawn on printed form. 43 pp. 32 x 34 X 2-|-. Sur. off, 433, I.IAP - KOOTENAI COITNTY, 1919. 1 ma.p. Geological map showing the different types of soil in Kootenai County. Bureau of Soils. Washington, D. C. 1 inch equals 1 mile, 30 x 42, Pj, deputy's off. Field Notes 434, FIELD NOTES, 1881—, 69 vols. (l-69). Record of field notes of surveyor of surveys made in Kootenai County, Gives measurements and observations of surveys made, Arr, chron. No index. Hdw. 64-100 pp. 7o- X A-^ x i - 7-^- x 4-o- x 3/4. Sur. off. - 174 - County Road Supervisor XXI, COUOTY ROAD SUPERVISOR Building and maintenance of roads and bridges has been a county functioi since 1863, During the early period of the territory's history, it held an important place among other county functions (cf« essay on governmental or- ganization and records system, page 10 )• The chief functionaries, the road supervisors in the various road districts in the county, were made elective officers. The first territorial legislature gfxvo the commissioners the aut- hority to divide the c6ujity into road districts and made provision for the election of a road supervisor for each district ( l«T« I« 1863-64, sec. 2, p« 597). Matters stood thus until 1873 when section 2 above was amended making road supervisors appointees of the county commissioners (L> T»I » 1872-73, sec, 2, p, 12), No other changes v/ere made in the method of cho'osing road super- visors until 1897, In that year the legislature enacted a law providing for the election of road overseers in the several road districts in the county (L,S,I. 1897, p. 78). The only difference in this lav/ and the one which made the road persomiel elective before, is that the name "overseer" instead of superx'isor is used. The law vras reonactod verbatim in 1899 v/ith the ex- ception that an am.crgency clause was added malcing the law take effect immed- iately ^i.pon its approval, (L,S,I, 1899, p, 506,) The overseers of the various road districts continuc(r"to be electi-ve off-'.oors until 1911, although an attempt was made to repeal this part of the lo.w in 1909 (L »S,I« 1909, sec, 22, p, 286), In the meantime other laws wore enacted which tended to confus*, the operation of the lav/s then on the statute books pertaining to road overseers, Tito separate laws appertaining to road overseers or supervisors were enacted in 1909, One gave the coi;imissioners the right to create the office of general road overseer for the county cjid appoint such an overseer to ser- ve under the direction of the board and at its pleasure (L ,S,I , 1909, p, 148). the other, a law providing for a system of county roads, if such a system were authorized by a vote of tho people, and making it mf.ndatory upon the county commis.'.'ionors, if a county road system vjas adopted, to appoint a road district supervisor for the entire county who may or nay not be the county surveyor but must bo skilled in the building and maintenance of roads ( ibid ,, sec, 8, p, 279), The similarity of these tvro separate lav;s on tho matter of a general road supervisor indioatos that the former la^v \7ould be effect- ive if the county road system wore not organized. But if it v/cre, the app- ointment of a district road supervisor, provided for in cojoncction v/ith tho system, was intended to make unnecessary the appointment of a general road overseer for the county. The lavif providing for the organization of a county road system was de- clared unconstitutional on account of defective provisions, not pertaining to the district supervisor (Cunningham V, Thompson, 18 Ida, 149, 108 Pac , 898), The law providing for a general county road overseer was repealed in 1911 ( l,S,I , 1911, ch. 60, sec, 4, p, 170), The same session of the lii^g- islature made the road overseers of the various districts in the county, heretofore elected by the voters of the district, appointive and their app- ointment mandatory on the board of commissioners (ibid,, sec, 1, p, Icl), The substance of the tv;o lav/s mentioned above making ^ne appointment oi^ a general county road overseer possible and creating a couaity road system with a district roe.d supervlsoir, was (riiaHodletl in a ncrw law enaotftfi ijn 1911; it - 175 - County Agricultural Agont gives the board of commissioners discretionary authority to appoint a road supervisor for the county, who may be the surveyor and must be skilled in the building and maintenance of roads and bridges ( ibid », sec, 3, p, 168 )» In keeping with all laws now on the statute books, all counties must have a road overseer for each road district in the county (if there are any county roads in the county), vrho is 'jnder tho direction of a general county road supervisor, if one has been appointed, and if not, then under the dir- ection of the county commissioners (L»T« I, 1863-64, sec, 2, p, 597; am. 1873, sec. 2, p, 12; am. 1897, p, 78; reen. 1899, p, 306; am, 1911, ch, 60, sec, 1, p, 161; am. 1912, ch. 9, sec. 1, p, 45; am, 1919, ch, IO5, p, 371; I.C.A , 1932, 39-409). Each county may have a general county road supervisor acting as super- visor of district overseers and subject to the direction of the county board* (R.C, 1908, sec, 883a; enacted in 1911, ch, 60, sec. 3, p, 168; I.C.A , 1932, 39-408,) District road overseers in the oor^nty have tho following duties: Under the direction of the oounty board or the county supervisor, if there be one, it is their duty to take charge of the county public highvro.ys; to keep them clear from obstructions and in good repair; to keep riiail routes free from sncw; to cause banl:s to be graded and cause ways to be made when necessary and to keep them in repair; to receive and present petitions for new roads; make recomncndaticns as to their feasibility; and make reports to the county board cf all labor performed, all expenditures incurred, and of the general condition of the roads in their charge, or such other information as may be required (L,S>I « 1890-91, sec. 2, p, 190; I,C,A « 1932, 39-410), They have power to collect all road poll taxes if any such arc levied and force their payment by seizure and sale of personal property, on refusal or failure of the taxpayer to pay taxes when due ( L,S IS'So", Sanger, George Po, Counsellor at Law, Uritod rotates Statute s_ at Large , vol, 13, 1856,, Boston, Little, Brovm and Company, 1866, Sanger., George P,, Counsellor at Lavir, U nited S tates Statutes at Large, vol, 15, 1866, Boston, Little, Brovm and Company, 13G9» Secretary of State, United Sta te s Sta tut es at Large ^ vol, 34, 1905-7, Washington, D, C, Government Printi::g Office, 1907^ Secretary of State, United States Statut es at Iiarg£^. vol, 38, 1913-15, I'Vashington, D, C, Government Printing Office, no date. Secretary of State, United State s Statu tes at Large , Vol, 48, 1933-34 Tfeshington, D. C, GoVerhiTient Printing Office, 1934, Secretary of State, United State s Stat utes at Large, 49, 1935-33, Washington, D, C, Governjnent Printing Of /ice, 1936, United States Code Aamotated, title 48, 192C, Ilew York, Edward Thompson Company, 1928, Unit ed States Statut e 5_ at Large , vol, 26, 1889-90, 'Washington, D, C,, Government Printing "Off ice, 1890, Washi ngton Territorial Lav/s, 1854-83, Olympia, '.Yashington, no company, no date. - 181 - CI-IROUOLOGICAL II]DEX (All numbers refer to entries. A record entry nunber is listed under each decade which, the record covers in full or in part. An entry number is \Anderlined to call attention to the initial appearance of the record; the last listing of the entry number indicates the decade within which the record ends.) 1880-89 i» Z» £» H» ii' 21_* 23, 29, 39-43, 46, 50, 53_, _55, 56, 58, 60, 66-70, 7_5, 78j^ 79, 98-101, 112, 113, 121 , 126, 128,''l50, 133-135, 147-150, 1 54-16^5/ T67,~l81, 185, 186," 191, 193, 202, 20G, 210, 219, 248, 320, 32Y," 342," £57,^ 365, 571, 584, 40 2,"4'2 7,1:54 "-" 1890-99 1, Z. 3_, 7, 8_., 9, 10, 12_, 1^, 16, 18, 19, 20, 21, 23, 24, 28, 29, 31^ 3_5, 36, 39-43, 44... 46, 47, 49, 50, _52,TSj 55, Ed,"57,~5;9, 60, ^i^ H* "^S l^f tl''^^' ^'^> llrl^^ "•'> 23' '^^> '^^> ^* 87=^89, 91, 93, 95,, 96, 98-101,. 104, 105, 106-1 10, 112, '115, 114, 118,"Tl97 iH", T22- 125, 126, 127, 128, 130, 133-135, 136, 130, 1427 1447 1457 147=1507 _15^3, 154-165, 157, 170-180, 185, 186, 1917 193, 19£, 1967 198, 200, 20^', 204., 206, 209, 210, 211, 212c 214-216, 220, 248,~25l,T60,~762, 1£5.-' i^' 269 , 2_7£, _272, 273, STC^'blZ^ 320, 5*22, 325, 35?, 367, 3o5^ 37t. 584'., 385 , 592, 400, 402, 410^ "412, 414, 418,~42'0, 425,127, 434 1900-1909 1-5, 4, .£^ 7-10, 12, 13, 16, 18-21,, 23, 24, 28- 29, 50, 31, 35, 37, 39.«44, 46, 47, 49, 50, 52, 53, 54, 55, 56, 59-62, 63, 67-76, 78,"T9, 63, 85, 87-89, 91, 93, 95, 96, 98-101, 104, 105, 107, 108-110, 112-114, lis , 117 , 118, 119, 121, 122, 124-128, 150, 155-136, 138, 139, 142, 144, 145, 147, 148, 150, 153-165, 167, 169, 170-180, 184 , 185, 157-190, 191, 193, 194 , 195, 196, 198, 200, 201, 202, 204, 205, 206, 209-212, 2]_3, 214-216, 218, 220, 222, 223;, 2^:3 , 2,29, 23^5, 255 , 238, 239, 247, 251, 252, 262, 2 63 , 266, 267, 26'S 270, 278_, 2/&_, 300, 510-312, 320; 322, 324, 325, 528, 554, 557, 362, 365, 571, "384, 585, 392, 400, 402, 405, 410, 411, 412, :13, 414, 417, 418, 419, 420, 424, 425, 426, ^127, 434 1910-19 1-4, 5, 6-10, 12, 13, 15, 16, 18-21, 22, 23, 24, 26_, 28-31, 35, 57, 39-44, 45,, 46, 47, 50, 51_, 52, 53, 55, 56, 60-05, 67-76, 78, 79, 83, 84, 85, 87-89, 90, 91, 92_, 93, 94, 95, 96, 97, 93-101, 104, 105, 106, 107-110, m, 112-114, 115, 116-119, 121, 122, 124-128, 129_^ 150, 131, 132, 133-136, 157, 158, 159, 142, 144, 145, 147, 148, 150, 151^ l&i-165, 166, 167, 16£, 169, 170, 172-180, 184, 155, 187-191, 103-196, 197. 198, 200-202, 205, 204-206, 209-216, 218, 220, 222, 225, 228, 229, 233, 255, 257, 258, 24-0-244, 247, 249, 250, 252, 2J5^ 262, 263, 266, 267, 269, 272, 274-276, "276, 279, 286, 288, 295^ 293^ 29S^ 30t', 507-509, 311, 312, 314, 320, 322, 323, 324, 325, 526, 527, 328, 529-555, 554, 535. 337_, 541_, 34£, 344, 347, 349-355 , 357, 358, 550, 502, 364, 365, 566, 371, 383, 584, 385, 386, 53C, 590, 392, 395-595, 397, 398. 402, 405, 409, ^nU-414, 415, 417=1 207~42T=423, 424"=42'77~4307l337~434 - 182 - Chronological Index i* iG, 17, le- ss, 60-63, 70 ll'i, 118, 119, lji6, 147, 11-8 187-191, 192, 226, 227_, 228 249, 250-,- 254- 282 , 28^, 2SG 306 , 307-313, 3-17, 3-i9-352, 372-376, 378 , 408, 409~il5, 24, 26, 2 -76, 76, 121, 122 , 150, 15 193-198, 259. 2&T7 , 288, 2u 51_6-3197~ 353, 55_5 580 , 331 417-427, 8, 29, 31, 3 79, 80-82, 8 , 124-129, 1 2, 154-165, ~199 , 200-20 2, 233, 2S5, "262, 266, 2 7, 28C,289» 320, 322-332 , 35£, 358, ', 382, 383 -7, 429, 434 2, 33_, 35, 38, 39-47, 3-35, 86, 67-101, 31, 133-139, 140, 141, 167, 169, 170, 172-180, 5, 209-216, 218, 220, 236, 237, 238, 240, 69, "271_, 272* 274-276, 291-294., 295, 297 , ,"'335, 337, 341, 343, 359 , 360, 361 , 364, 86, 387, 388, 389, 392, , 10, 15, 8,, 50-52, , 120 , 121 , 148, 152 196, 198- 225, 226, 245, 246, <,~272, 27. , 302, 303 338-340, 360, oG'1 392-395, 416, 417, 14, 1 55, 5 , 122 , 154 200, 228, 247, -276;, -306, 341, 56?, 39b, 418, 6—21, 23, G, 60-63, , 124, 12 -165, 167 202-206, 229, 230, 254-256, 280 , 284' 308, 309 343, o'x'x , 364, 36 ' 397, 398 420-426, 24., 25_, 26, 22# 70-76, 77, 78-: 5, 127-129, 131, , 139, 170, 172-] 207,, 20C, 209-21 C cC .1 f Cud f (d3o«f i! EM, 259, 261, ^ -2G7, 290, 291-2£ ^ 311j 312^ 31o^ 6, OG7-56J, 370":; , 39£, 401, 402, i28, 429," 434 29, 31-33, 54, 38-106, 108-114, -142, 143, 14^1, 182, 183, 1C5, VTj 218, 220, 221, 235-238, 240, 264, 265, 266, 295, 296 , 290, , 321 , 322-330, •353, 354, 355, 377, 379, 381-386, , 404, 406, 407, Records not dated 11, 283, 315, 431, 452 - 183 - (Abb-App ) SUBJECT INDEX (Underscored figures refer to pages; others refer to entries) Abbreviat i ons. Abstracts of assessment rolls, real property, 386 of judgments, 166 index to, 142 Actions, register of district court civil, 150, 152 index to, 147 criminal, 150, 170 index to, 147 probate court civil, 195, 232 criminal, 195, 234 Administrator, public, see Public administrator, county Administrators appointments of, 206, 218 bonds personal, 207, 218 surety, 208, 218 Adoptions, original instruments of, 223 See also Dependent ahildrenj Guardianship Affidavits certifying to insanity, 229 marriage, 114 for mothers' pensions, 26 for t£ix exemptions, 285 for witnesses, 189 Agreements Sop also Contracts; Leases j Opt i ons of adoptions, 223 with county, 17 miscellaneous record, 99 original instriunents, 138 Agricultural agent, county appointment, method of, 30 controlled by, 177 duties assumed, new, 176 as educator, 177 prescribed by statute, none , 177 functions of, 176 records comments on, 177 Agricultural agent, county records (continued) location of, 40 kept, 177 statutory act providing for, 176 Aid, coimty So o also Employment, omcrgcncyj Indigent aid; Pensions; Welfare commission, coxmty applications for, 24 commissioners' actions on, 23 Aliens, see Citizenship; Naturali- zation Allovremcos, claims against county, 6 -against estates, orders for, 216, 218 7\jnuscmcnt licenses, see Licenses Answers, civil, 157, ^33 Applications for absentee ballots, 393 for licenses amusement, 20 business, 20 motor vehicle, 292 for refunds on, 294 for liquor pormito^ 250 for pensions mothers original instruments, 26, 244 record, 243 old age certificates approving, 27 original instruments, 246 record, 245 for rolief, 24 for needy blind, 25 for tax reductions, 321 Appointments of administrators, 206, 218 of appraisers, orders for, 211^ 218 of clerks of probate court, 252 of county and procinct officers by commissioners, 29 petitions for, 31 of executors, 206, 218 of guardians, petitions for, 222 notarial, 184 of registrars, 28 of road overseers and supervisors, 9 ■^-■ ■ \'1i. -i'^ay^.k^ b'if'io^fs'i^i.-. J': i' t ■; 4vV'';5 t ■r^'/A v" c> .■ t fffl ± ; - 184 - Subject Index (App-»Bon) Appointments (continued) revocations of, 128 App ort i onmcnt s Sec also Budgets; Disbursencnts; Expenditures auditor's record of, 368 school districts, seo Schools taxes, see Taxes Appraisement, inventory and, 212, 218 Appraisers orders appointing, 211, 218 reports of, 212, 218 Arrest, warrants of criminal, 175, 235 insanity, 229 Articles of incorporation domestic and foreign, 105 index to, 142 for Vfeshington Water Power Company, 140 Assessments, tax; see Taxes Assessor, county cash book, 301 duties of, 119 functions of, 119 history of, 120 legal status of, 119 qualifications of, 119 records of, 272, 3l5 comments on, 119 location of, 39' required, 1207"l22 Assignments, mortgage original instruments, 77 record, 75 index to, 76 Asylum, see Insanity Attachments releases of, 84 index to, 82 writs of, 168 indexes to, 142, 169 Attorney, prosecuting. See Prosecuting attorney, county Attorneys at lav;, oaths of, 123 Auditor, coujity bond not required, 150 cash book, 365 certificates, 344, 368 as clerk of county board, 150 duties as auditor^ 151 as clerk of county board, 151 Auditor, county (continued) board of canvassers, 151 board of equalization, 151 never an elective off ice, 150 functions of, 21, 150 office, terra or7 150 powers of, 21, 151-153 records of7~S6b-40T comments on, 154 location of, 40 required, 153 register of income and distri- bution, 366 Automobiles See also Motor vehicles applications for refxtnds, 294 stolen, 368 Bailiff's certificates, 182 Ballots, 400 absentee applications for, 393 returned, 401 Banks checks, 345 cancelled, 305 deposit slips, 303, 340 record, 349 369 securities deposited by, statements, 304 Best, Eugene, Justice of the peace, 108 Bibliography, 178 "" Bids for county' construction work original instruments, 18 record of, 16 Bills of sale original instruments, 97, 139 record, 95 index to, 96 Births, register of, 116 Blind, relief for the needy, 25 Board of county commissioners, seo Commissioners, board of county Bonds adminis trat or ' s personal, 207, 218 surety, 208, 218 county buildings paid, 385 fegi:3fccr-of. 384 courchousc, 358 for deeds, 101 drainage districts, 358, 384 paid, 385 of executors, 206, 218 •- 185 - Subject Index Bonds (continued) general funding, 384 paid, 385 of guardians, 222 highTra.ys Panlaandlc District, 360 Povror-Lino District, 361 official original instruments, 120 record, 118 index to, 119 registers auditor's, 384 treasurer's, 357 road issues, authorizations for, 9 school districts, 21, 358, 359, 384 paid, 385 Boundaries Sec also Governmental organiza- tion, county Kootenai County, 3 school districts, 427 changes of, 21 petitions for, 428 maps of, 430 plats of, 431 Bradbury, A, L., £ Brand record, 130 Bridges See also Roads bonds for, 9 claims, 9, 378 general ledger, 346 petitions for, 9 warrants, 378 Budgets See also Apportionments coT-mty, estimates, 370 school districts, 407 Business licenses, see licenses Cancellations, tax, orders for, 5 Cancelled checks, 305 Candidacy, declarations of, 395 Canfield, 0. F, , 5 Cases, civil and criminal, see District court; Probate court, county Cash books assessor's, 301 auditor's, 365 for teachers' examination cer- tifioctes* 423 (Bon-Cit) Cash books (continued) receipt stubs for, 422 treasurer's, 343 Cataldo, Father, 11 Cattle, brand record, 130 Census narshall's reports original instrvnents, 411 record of, 410 Certificates of allo\mnce for old age pensions original instruments, 246 record, 245 auditor's, 344, 368 bailiff's, 182 of citizensliip, 191 delinquent tax, 335 apportionjiient of, 331 irrigation districts, 388, 390, 391 of election, 397 of firm names, 107, 109 of insanity^ ;:;28 of insurance companies, 110 jurors, 182 marria:;o original instruments, 115, 248 record, 112 indo:: to, 113 of nomination, 39 S old age pension, 27 physician's, declaring feeble mindedncss^ 230 of proof of will, 200, 218 of sale of mortgaged property, 93 index to, 94 of stc.te land, 298 cancelled, 299 ■tax, see Taxes teachers', 420 foes for, 423 witnesses, 132 Charity, see Aid, county; Pensions; ITelfaro commission, county Chattel mortgages, see Mortgo.gos Checks books assessor's, 502 for tax refunds, 345 cancelled, 305 Children, see Dependent children; Juveni lo s Citizenship See also Naturalization affidavits of v/itnossos, 189 - 186 - Subject Index Citizenship (continued) certificates of, 191 declarations of intention, 185, 186 oaths of allegiance, 190 record of, 191 revocations, 128 Claims allowances against county, 6 against estates, orders of, 211, 218 bridge, special, 373 conunis si oners' actions on , 7 court house fund, 380 current expense, 382 against estates, 209, 218 of John Egelstcn, receipts for, 219 orders of publication of notice to creditors, 209, 218 highway aid, state, 377 high school tuition, 409 indigent aid, 382 mining, see Mining claims original" instruments of, 8 possessory, 68 index to, 69 road, 9, 382 for salaries, 7 Clerk of district court, see District court, county Collections, sec Taxes Commissioners, board of county See also Equalization, board of appointees, 12_, _28, 46, 47 clerk of, 45 duties and~pbvj-ers of , 14, 15, 27,434 election of, 12, 45, 46" "^ functions of,^'D", 75", W, 46 journal, 1 index to, 2 meetings of, 47 office creation of, 45 term of, 45 procee^ingsT" 3 records of, 1-38 comments on, 50 location of, "3"^ required, 34 Commitments to county farm, 231 criminal, 179, 235 (Cit-Cor) Commitments (continued) of feeble minded, 230 to insane asylum, 228, 229 juveniles, orders for, 240 to orphanages, 225, 226 Complaints civil, 155, 233 criminal, 173, 235, 236 dependent children, 224 feeble minded, 230 fees for entering, 260 insanity, 229, 251 juvenile, 240 Conditional sales contracts, see Contracts "~~" Connors, _4 Constable, courty not a constitutional officer, 113 elected, numl-er of, 113 functions of^ 113 office, term of, 113 paid, hov/, 1__1^ powers and duties of , 113, 114 precinct officer, 113 provided for, when, 113 records com;.ients on, required, 11 1 Contracts -- — See also Agreements} Leases? Options conditional sales orir;;inal instruments, 139 record, 102 index to, 103 releases, see Releases vj'ith c ounty, 1 7 for deeds, 101 ) miscellaneous, 100 teachers', 424 Conveyances, see Deeds Coroner, county duties and powers of, 114 , 115 ex officio duties of, 114" ' function of, 26, 114 inquisition, 27t) office creation of, 114 term of, 115 qualifications' of, 115 records, 270 comments on, 115 location of, 39 required, 115 reports, 195 - 187 - Subject Index (Cor-Dis) Corporations annual statements of, 106 articles of incorporation domestic and foreign, 105 index to, 142 for Washington Water Power Company and Interstate Telephone Company, 140 certificates of firm names, 107, 109 rovocations of, 128 of insurance companies, 110 deeds, 46 designated agents, change of^ 108 surety companies authorized, 111 Corrections, see Taxes Corrc spondence assessor's with land office, 309 miscellaneous, 308 probate court, 254 prosecuting attorney's, 271 public administrator's, 255 superintendent of schools, 429 treasurer's, 364 County, see Agricultural agent, county; Commissioners, county board bf ; Health, county board of; Officers, county, list of; Physician, county; Welfare commission, county Criminal cases, see District court; Justice of the peace; Probate court, county Criminals, rogues gallery, 267 Current expense claims, 382 warrants, 372 Deaths, register of, 117 Declarations of candidacy, 395 of homestead, 135 revocations, 128 of intention, citizenship original instrxoments, 186 record, 185 Decrees See also Orders of flniLL discharge, 215, 218 Decrees (continued) of judgment, 167 of settlement of final account, 214, 218 Deeds contracts for, 101 corporation, 46 gift, 50 original instruments of, 51 quitclaim, 43 record, 41 index to, 40 redemption, 49 right-of-way original instruments, 45 record, 44 tax notices of pending issue of, 336 original instruments of, 48, 337 publication notices of, 141 record, 47 index to, 40 treasurer's, 49 warranty, 42 Delinquency, see Taxes Demurrers, 158, 253 Dental record, 125 Dependent children See also Guardianship commitments to Lcwiston Home Orphanage, 226 not committed, 227 custody of, orders and petitions for, 225 docket, 224 record, 225 Deposits bank, by county, 349 probate court record, 197 securities by banks, 369 slips, 303 to tax anticipation fund, 340 trust matters, 217 DeSmot, Father, 4 Diplomas ~ eighth grade, 417 medical, 126 Disbursements Sec also Apportionments J Budgets; Expenditures for Athol V/atcr and Light Company, 350 for school districts, 347, 348 rn : a-;? ■•■-■' *-■' i'l «> \ . . ■ ; , .,-r 7 .■ 1" n . .'"t >'■■.' q A OK * 188 - Subjoct Index Disbursomonts (continued) sheriff's reports of annual financial, 264 quarterly financial, 265 treasurer's cash book, 343 gnncral ledger, 341 journal, 342 vouchors, estates, 255 Discharges of guardians, 222 military original instruments of, 132 rcGiord, 131 Distraint warrants, 291 Distribution and income, auditor's register of, 366 District court, county cases civil, 152-169 calendar, 149, 153 original instruments, 154 proceedings, transcripts of, 163 criminal, 170-180 calendar, 149, 171 original instruments, 172 proceedings, transcripts of, 180 clerk of duties and powers of, 79, 80 not wholly a county officer^' 30 court records, 148 judges of office, term of , 78 powers of, 81, ST" qualifications oF, 79 judicial districts, number of jj 24,25,79 ledger, trust fund, 151 provided for in organic act, 25, 78 records, 147-192 comments on, 82 location of, sg" required, 80,~81 Dockets dependent child, 224 (Dis-E^ic^ judgment, 165 justice, criminal, 234 justice of tho peace, 256, 257 juvenile, delinquent, 239 probate court, 193 index to, 194 sheriff's, 2G2 Drainage district bends, 358, 385 Education, see Schools Egelston, John, estate of, 219 Elections appointments of registrars, 28 ballots, see Ballots certificates of, 397 of nomination, 396 commissioners* actions on, 28 declarations of candidacy, 395 electors' oaths before registrar, 399 original instruments of, 394 register of voters, 199, 392 absent, 393 for highv/ay districts, 15 returnsj school districts, 426 Employment., emergency, 367 Equalization, board of county See also Commissioners, bo^rd of c omit/ duties of, Icl equal ization"data, 320 functions ofi loO history of, 13T~ legal status! Tol tax protests, 321 records of, 320, 321 oomraents on, 151 location of, 40 required, 131 Estates claims, see Claims of John Egelsten, 219 fee book, 197 journal, probate cc^urt, 198 original instruments of, 218 record of public administrator, 255 ~ records, 198-219 register of, 199 trust matters, 217 Examinations eighth grade, diplomas for, 417 insanity, 228 teachers, 421 receipt stubs for, 422 Executions, 168 index to, 142, 169 Executors for estates appointments of, 218 bonds, 218 oaths, 218 record, 206 Exoprticns, trjc, affidavits for, 235 - 189 - Subject Index Expondituros Sec also Disbursements coimty, estimates of, 370 for estates, receipts for, 255 for schools, 403 Explanatory notes, 42 Farm county, commitments to, 231 name record, 129 Feeble minded See also Insanity complaints and commitments, 230 Fees books justice of peace, 260 probate court, 196, 197 sheriff's, 263 collected for motor vehicle licenses, 292, 295 instruments hold for, 143 reports of for motor vehicle licenses, 289 sheriff's annual financial, 265 quarterly financial, 264 for teachers' certificates, 423 receipt stubs for, 422 Field notes, surveyor's, 434 Forests Cocur d 'Alone National, map of, 319 protect ivo charges, 306 roscrvo fund record, 408 Funds, SCO Auditor, county, rcg- istcr "of income and distribu- tion; Treasurer, county, led- ger, g'onopal Gazzoli, Father, 4 General elections, register of, 392 Gift deeds, 50 Governmental organization, county See also Kootenai County as applied to Kootenai County, 10,12^ beginning of, 10 chart of, 36 counties iaof^ alftsa, 17 ''Po'itod, various methods of, 11, 12» 18 (Exp-Hci) Governmental or;;anization, county counties (continued) functions agent for subdivisions, 31 agriculture, aiding, 30 education, 26, 27 eloctions,~T7 health and sanitation, 28 incidental, 21-24 law, enforcement and administra- tion, _26 overlapping with city and state, records, keeping of, 32 roads, building and maintenance of, £9, 30 welfare, socicTl, 28 laws g eve mingy 12 -lT~ legal status of7T8~19 offices, 12, _13 records oare of, 35 classifica^on of, 33 evolution of, 33-35 redefined, 11, iT territory ofldaEb, older than, 12 Guaraians, original instruments concerning, 222 Guardianship See also Adoptions; Dopcndcnt children fee book, 197 letters of, 222 orders authorizing settlement of, 222 cancelling, 254 original instruments of, 222 record, 220 index to, 221 Haines, Fred, 5 Health, county- board of Sec also Physician, county creation of, 28, 168 fxmctions ofjT^Qff meetings of, 168 personnel of, '28, 168 powers of, 169 records comments on, 169 location of, 40 required, 169 Heirs, sec Estates 15 ^f * "^ ^ - ■* '. ■ ^■ \ 1 •- :.l .-;. >.. J •.. / r » Subject Indox - 190 - (Hig-Inv ) High school tuition claims, 409 Highways Sec also Roads tonds' for Panhandle District, 360 Powor-Lino District, 361 claims, state aid, 377 districts election register, 15 maps of, 316 for New Pacific Highway, 317 reports, 14 for Power-Lino District audit, 34 financial, 356 orders, 14 general ledger, 346 plat book, 432 right-of-*way deeds, 44, 45 Historical sketch, 3 Homesteads See also Preemption possessory claim record; Roccivcr*s receipts. United States declarations of, 135 revocations of, 128 Huet, Charles , 4 Incorporation, sec Corporations Index to abstracts of judgments, 142 annual statements of corpora-" tions, 106 articles of incorporation, 142 assessment rolls, 323 assignments of mortgages and leases attachments, 169 bills of sale, 96 case files, small claims court, 259 certificates of firm names, 107 of sale, 94 commissioners' journal, 2 conditional sales contracts, 103 103 deed record, 40 guardianship rci aeoQ re c era, ^u guardianship record, 221 lis pendens, 92 marriaee records, 113 lis pendens, 92 marriage records, 113 mechanics' lions, 89 miscellaneous records, 134 Index to (continued) motor vehicle ovmcrs, 293 mortgages, real property, 71 notices of suspension of work on mining claims, 65 patent record, 40 permits, alcohol, 249 plat books, 145, 312 possessory claims, 69 power of attorney, 122 probate court docket, 194 proof of labor, 62 quartz claims, 56 register of actions, 147 releases miscellaneous, 82 mortgage, 79 revocation of power of attorney, 82 tax deeds, 40 wills not probated, 204 Indictments, 174, 235 Indig^ent aid See also Aid, county; Pensions; Vie If arc commission, county claims, 382 commitments to county farm, 231 warrants, 379 Injunctions, 160 Inquests, coroner's, 270 reports of, 192 Irrigation districts See also Tfotcr 'assessments on, delinquent, 389 delinquency certificates for original instruments, 390, 391 register, 388 Insanity Sec also Feeble minded ccrtificat e s , 228 commitments, 228, 229 complaints, 229, 251 examinations, 228 physicians' affida.vits certifying to, 229 warrants of arrest, 229 Insurance companies, certificates of, 110 policies, expired, 38 Invent ory and account, guardians, 222 and appraisement^ estates, 212, 218 Investigations of juvenile cases, 241 reports of, 240 - 191 - Subject Index Jesuit Fathers, 4 Judgments "" abstracts of, 166 index to, 142 decrees of, 167 docket, 165 record, 164 releases of, 85 index to, 82 Jxxrors certificates, 182 names of, 183 Jury book, 181 lists, 36 Justice of the peace, county bonds of, 105 constitutional office, inR docket, 256 criminal, 257 duties and powe (Jes-Lic) 106 criminal, cbl lutios and powers of, 25, 26, 35, 107 ;lcction of, 105 election of, 105 ox officio duties of, 105, 106 fees of, 107 office creation of, 105 importance of, 104, 105 term of, 105 vacanoics7~how filled, 105 , 106 records, 256-261 comments on, 108 location of.^ 39 required, 107 small claims court, case files, 258 index to, 259 Juvenile delinquents See also Welfare commission, county cases investigations of, 241 original instruments of, 240 releases of, 242 oommitmonts, orders of, 240 complaints, 240 docket, 239 record, 238 reports of investigators, 240 Kootenai County See also Governmental organiza- tion, county area covered, 3 rcductien"~of# 6 Kootenai County (continued) assessed valuation of, _6 boundaries of, 3 county seat of, "q dairying, 6 ~ first explorers of, 3 farming, 6 "" fcrr^r, 4 ~ fish aniTgamo, 7 flour mill, 4 ~ forest reservos, 6 fruit and vcgptable growing, 7_ grains, 7 Indian irDiabitants of, 3 irrigation, 7 "" livestock, 7~ location o^'J 3 lumbering con^rs, 6 map of, 9 " minerals^ 6 mission, CaTtholic , 4 Mullan Road, 4 "~ mountains , 6 ~ name, orij;ln of, 3 organization of, "3" population of, 6 reservations, 7~ railroads, 5, "5' rivers, 1 ~ ~ saw mills', 4, 6 topography oF, T~ transportation by water, 6 Lrjids correspondence concerning, 309 forest, protection charges, 306 State of Idaho, sale cortifi catos, 298 cancelled, 299 Leases See also Agreements J Contracts • Options county, 17 record of, 98 Letters of guardianship, 222 testamentary, 205, 218 Levies, tax, 4 special, 284 Licenses amusement applications for, 20 sheriff's register of, 269 treasurer's register of, Sfi2 ■i '.,.:i ■'.■■ , « r:'^.::/iyi:: Subject Indox Licenses (continued) business applications for, 20 registers of commissioners', 19 sheriff's, 269 treasurer's, 362 dental, 125 marriage original instruments, 115 record, 112 index to, 113 motor vehicle applications for, 292 for refunds, 294 reports- of collections for, 289, 295, 296 physicians', 124 Liens mechanics' original instruments, 90 record of, 88 index to, 89 releases^ sec Releases Lis pendens, notices of, 91 index to, 92 Livestock brand record, 130 migratory, assessment lists of, 277 Light Company, Athol Water and, Ltd., account book, 350 Locations mill sites, 67 mining, see Mning Claims possessory claims, 68 index to, 69 water right, see Water Liunbcr companies, assessment rolls, see Taxes McKenzio, Donald, 3 Maps "^ See also Plats Cocur d'Alcnc National Forest, 319 Harrison, Idaho, tewnsitc of, 315 highways districts, 316 New Pacific, 317 Kootenai County, 318, 433 sfihnol ri j s"i.ri A+,51, 4.S0 - 192 - (Lie-Not) Marriage affidavits, 114 certificates, sec Certificates licenses, see TL'i censes registers justice of the peace, 261 probate court, 247 Martin, lYilliam, 5 Mechanics' lions, "see Liens ~*~" Memorandum of costs, 162, .. 233 Military discharges, see Discharges Mining claims locations McadCT.ir Ranch Mining District, 58 mill sites, 67 New Port Mining District, 57 notices of, 60 quarts, 55 indox to, 56 ViTolfe Lodge District, 59 notices of suspension of work, 64 indox to, 65 proof of labor, see Proof of labor Mortgages ~~~~ assigrjaonts, see Assignjucnts, mort- gage chattel minutes of, 73 original instruments of, 74 for Vfashington V/atcr Power Co» and Interstate Telephone Co», 140 real property original instruments, 72 record, 70 index to, 71 Mothers' pensions, see Pensions Motor vehicles '"' See also Automobiles licenses, sec Licenses ovmcrs of, 'index to, 293 reports of sales of, 297 stolen, record of, 268 violations, docket, 257 Mullan, Captain John, 4 Naturalization, ->ctiticns. f.rvr, 1B&^ Sec also Citizenship Nominations, cortif icat.'»s <>€<- S0<> NotnvrJM.I p hatomcnt-s, li'-i - 193 - Subject Index (Not-Per) Notices of appointment for custody of dependent children, 225 to creditors, orders of publi- cation, 209, 218 of criminals wanted, 267 of change of designated agents, 108 of lev^'" on real estate, 168 index to, 142, 169 of lis pendens, 91 index to, 92 mining claims, see Mining claims of pending issue of to,x deed, 336 of publication, 141, 225 tax levies, 284 sale certificates, 336 Numbers, tax, 137, 276 Oaths of administrators', 218 of allegiance, 190 of attormys at law, 123 electors' before registrar, 399 executors', 218 official, 398 Official bonds original instruments, 120 record, 118 index to, 119 oaths, 398 Officers, list of county, 7 Old age pensions, soc PcnsTons Options Sec also Agroomonts; Contracts; jasos record, 104 rcloascs, 87 index to, 82 Orders Soc also Docrocs of adoption, 223 for allowance of claims against estates, 216, 218 of appointment administrators, 206, 218 appraisers, 211, 218 executors, 206, 218 Orders (continued) authorizing scttlomont, 222 of commitments juvenile, 240 to orphanage, 225 highway districts, 14 for publication of notice to creditors, 209, 218 to receive, auditor's, 344, 368 of sale of estate of John Egclstcn, petitions for, 219 of personal property, 222 tax cancellations, 5 transfer, 213, 218 for v/arrrnts prosecuting attorney's contin- gent fund, 381 school, 373, 404 wills, admitting to probate, 201, 218 Ordinances for city cf Cocur d'Alene, 37 Orphans, sec Adoptions; Dependent children; Guradianship Overseers road, sec Roads Partnership, see Corporations Patents, United States original instruments, 53 record, 52 index to, 40 Penalties, sec Mortgages; Taxes Pensions Sec als o Aid, coujityj Indigent aid; Welfare c ommi s s i on, c ounty mothers ' affidavits for, 26 applications for original instruments, 26, 244 record of, 243 old age applications for certificates approving, 27 original instruments of, 246 record of, 245 warrants for, 379 - 194 - Subject Index Permits, liquor applications for, 250 record of, 249 Personal property, see Mortgages, chattel; Taxes, assessraents Petitions for adoptions, 223 for appointments of guardians, 222 official, 31 for custody of dependent children, 225 for naturalization, 188 for order of sale of estate of John Egelsten, 219 for roads, 9, 13 for school districts, 21,22 for changes in boundaries, 428 Physician, covmty See also Health, county board of functions of, 169 history of, 287~T69 records comments on, 170 location of, 40 required, nono7"l70 Physicians' license "record, 124 Pierce, President, 4 Plats ~" ScG also Maps "Books of Coour d*Alcnc city, 314 Kootenai County, 144, 310, 511 index to, 145, 312 of city and rural property, 313 of roads and highways, 313, 432 of school districts, 431 Point, Nicholas, 4^ Possessory claims, preemption See also Homesteads; Receivers' receipts record of, 68 index to, 69 Post, Frederick, 4 Power of attorney" record, 121 index to, 122 r- voor.tio _:-., 127 index to, 82 Prir.v.r-'- clcctioiic, r-.gistcr of, 592" . ■• Prison. rs, record of, 266 Pre bate- court, cpujity oaycE (Pcr-Qui) inucd) rec Probate court, county (conti] ' ci^vil,. 233, 251 > cri;Ai::r.l,, 235 clcrH of, 91 ., creation of, 25, 90 deposit record W^ docket, 193 index to, 194 estates, sec Estates foe book,T96, 197 judges of duties of, 91 election of, 90 ox officio duties of, 90 office, term of, 90 qualifications ofiTSo icords, 193-254 comments on, 92 location of, 39' required, 91, ~2 Proof of labor original instruments, 63 record of, 61 index to, 62 of will, 200, 218 Property, sec Deeds; Mortgages; Taxes; Valuations Prosecuting attorney, county contingent fund, 381 correspondence, 271 duties and powers of, 26, 117, functions of, 116 office, term oi] ll6 qualifications of, ll7 records coroncnts on, 118 location of, 39 required, 117 , " TlS Public administrator, county duties of, 105 , 104 estates to be administered, 104 legal status, 104 office, creation of, 104 records, 255 conriients on, 104 location of, 39 required, 104 Publication notices, 141 Quartz claim record, 55 index to, 56 Quitclaim deeds, 43 118 Subject Index - 195 - (Rai-Rcp) Railway companies, property lists, 282 Rankin, J , T , , 5 Ravalli, FatherJ '.'' ^ ;y".'i'',<'.\':'[-j"i ">\ Subject Index - 196 - (Rcp«^hc ) Reports teachers* (continued) tcm original instruncnts, 415 record, 414 treasurer's and auditor's to coiruiis si oners, 33, 353 to auditor, monthly finan»» cial, 352 to superintendent of schools, quarterly, 354 trustees', annual original instruments, 413 record, 412 Resignations of clerks of pro*« bate cGi'.rt, 252 Revocations miscellaneous, 128 power of attorney, 127 Revenue, see Fees; Taxes Right-ofosvay deeds original instruments, 45 record, 44 Roads See also Bridges; Highways bonds, 9 claims, 9, 382 districts establishment of, 9, 11 ledger, 10 general ledger, 346 overseers appointments of, 9 journal, 12 petitions for, 9, 13 plat book, 313, 432 record, 9 right-of-way deeds, 44, 45 warrants districts, 375 general fund, 376 Road supervisor, county appointment of, 9 discretionary, 174 method , 174 duties of, 175' elected, when , 174 powers of, 175 records comments on, 175 kept, by whom, 175 location of, 40 required, none , 175 Rogues gallery, 267 Sales, see Bills of sale; Certi- ficates'; Contracts Sander, V, W« , 5 Schools "" See also Superintendent of schools, coun'ty diploiTias, eighth grade, 417 districts accounts control book, 347, 348 apportiorunent record, 407, 408 tax, 405 bonds, 21, 358, 359 boundaries, see Boundaries class-room imit work sheets, 407 consolidation of, 21 creation of, 21 election returns, 426 financial record, 403 ledger, 402 maps , 430 petitions for, 21, 22 platsj 431 special tax sheets, 406 reports, sec Reports teachers ' certificates, 420 contracts, 424 employed, register of, 418 examination 2;i'^dos, 421 receipt stubs for, 422 institute record, 419 trustees, record of, 425 tuition claims, 409 warrants, 374 orders for, 373 Search vra-rrants, 237 Securities deposited, register of, 369 Sentences, criminal, 178, 235 Sheriff, county dajf book, 2G3 docket, 262 duties of, 26, 110 ox officio, 110 ledger, 263 office creation of, 109 term of, 109 , TTO records, 267=2'69 comments on. 111 location of, 59 required. 111 Sherman, WilliaJn 't,, 4 Spalding, Henry, 4 "" - 197 - Subject Index (Sta-Tax) Statements assessor's, 288 bank, 304 notarial, 184 taxpayers, 274, 275 Statistics, vital, sco Births j Deaths; llarriagcs Stipulations, 161, 233 Stolon auto record, 268 Subpoenas civil, 159, 233 criminal, 176, 235 Sununons, 156, 233 Superintendent of schools, county Sec also Schools auditor as, 160 financial rccor'd, 403 functions of, 161 office creation of, 26, 160 term of, 161 probate judge as, 160 qualifications of, 160 records, 402-430 comments on, 162 location of, 40 required, 162 Supervisor, county road, sco Road supervisor, county Surveyor, county duties of, 172, 175 field notes, 434 importance of, 172 office creation of, 172 term of, 172_ povrors of, 172 , 173 qualifications of, 172 records, 432-434 c anmc ,: it s on , 173 location of, 40 requii'od, 175 Symbols, 41 Tax collector, sounty treasurer as Sec also Treasurer assessor as, 155-155 confusion conc"5rh'Tng, 135 district attorney as, TSS duties of, 134-135 functions of, ZT.] 132 ledger and rogTstc'rir"325 records, 541-564 comments on, 158 location of, 40 required, I37 Taxes antic .i^xoipation oertificatcsj fund, 538 339 277 fund, 660 deposits to, 340 apportionments delinquent tax certificates, 331 personal property, 552 school special, 553 reports of, 405 assessment rolls as so '-'s or '3 memoranda, cancellations on, 5 delinquent, 389 li;unbcr companies, 279, 282 Panhandle Company, 280 Winton Company, 281 for migratory livestock, personal property, 272 railroad companies, 282 real property, 322, 586 index to, 525 register, 275 .qiDncial- 324 277 special, 324 timber estimate msit-- -■■ for Washin; timber estimates, 278 for townsitos in Kootc 273 ;cnai County, 273 ' Washington Water Power pany, 283 .TT„4-^_..„ 520 Com- cancellationi orders for, certificates anticipati dclin""'--'"'^- Licaxcs Lcipation, 539, 363 ;xinqucncy, 354 apportionment, 551 for irrigation districts original inBtrurionto, 390, register, 388 sale, notices, 536 collections current, 325 delinquent, 328, 327 personal property, check book, 502 reports of, sco Reports corrections, 320 dcods, sec Deeds equali2 ".tion data, 320 exemptions, 320 affidavits for, 285 levies, 4 special, 284 numbers, 137, 276 protests, 321 ■391 198 Subject Indox (Tax-ifcl) Taxos (continued) receipts current, 328 delinquent, 328, 329 pcrsonc.l property original instruments, 287 record, 286 refunds, check bock for, 345 sale certificr.t< s assessor's register of, 502 delinquent, 534 notices of, 336 school, special, 406 transfer orders, 218 record, 213 Taxpayers' statements personal property, 275 real property, 274 Teacher c, see Schools Timber estimates, 278 Thompson, Drvid, 3 Transfer tax orders, 218 record, 213 Transcripts of proceedings civil, 163 cri'iinal, 150 Treasurer, county See also Public administrator county; Tax collector, county cash book, 343 duties of ex officio, 141, 142 general, 143 journal, 342 ledger, general, 341 method of choosing, 141 office creation of, 141 term of, _141 Povrcrs of, 145 records, 341- 364 coimncnts on, 145 location. of, 40 required, 144 Trust fund lodger, 151 matters, for estates, 217 Trustees, sec Schools Tubbs, Tony, _5 Undortp.kings, see Bonds Valuations, county property, 36 Verdicts coroner's, 270 criminal, 177, 235 Vital statistics, sec Births; DoatJis: ¥iarriagcs Voters, absent, register of, 393 Vouchers, disbursc.'n^nt, 255 7/ar rants of arrest criminal, 175, 235 insanity, 229 bridge, spoeial, 378 county, 383 cjurt house fund, 380 current expense, 372 of distraint, 291 foes for issuing, 260 indigent, 379 orders for, s^e Orders pensions, 379 for prosecuting attorney's ccn- tingont fund, 381 registers auditor's, 371 treasurer's, 351 reads districts, 375 general fundn, 376 schrcl!:, 374 orders for, 373, 404 search, 237 Warranty deeds, 42 Water Sec also Irrigation districts Athol ';i/atcr and Light Company, Ltd., account book for, 350 riglit locations, 66 for Wolfe Ledge Lining District, 59 Washirjgton V/atcr Pov;cr Conpany articles of incorporation, 140 chattel mortgages, 140 property lists, 283 Welfare ccnmission, county See also Aid, county; Indigent aid; Juvenile delinquents; Pensions care of needy prior to creation of, 29, 170 duties of, rZl laws blind pension, 171 mothers' pension, 171 old ago, 171 - 199 - Subject Index (Wel-Yea) lielfare oonimission, county Laws ( c ont inue d ) public assistance, 29, 171 organization of, 29, iTT personnel of, 29, 171 records comments on, 172 location of, 40 required, none, 172 Weil, Max, 5_ Wills admitted to probate court, 201, 218 original instruments, 2C3 index to, 204 proof of, 200, 21G recori of, 202 Witnesses affidavits of, 189 certificates of, 182 Wonnacott, George B,, 5 Wright, M. D., 5 ~ Writs of attachment, 168 indexes to, 142, 169 commitments. 179, 235 injui.ctions, 160 subpoenas civil, 159, 233 criminal, 176, 235 warrants of arrest, 175, 235 Yeatan, C, F,, 5 -iv-^nT^' :^lt) 33^ /yan-ivV^ ra= :=^ ;w<;m"^' ^ nLOS-AN( rTt 1 if- 1 ir' J fl^^ M Hl^vflttJ^^Hj^ 1 1 u 1 1 nH H JB