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HIGHWAY DISTRICT WINS IN COURT Judge Steele Gives Decision in Favor of North Fork Highway District at Moscow, Monday, Sept. 19. (Moscow Star Mirror) Judge Edgar C. Steele has rendered a decision in the matter of the insolvency of the Fidelity State Bank of Orofino asfollows: The evidence in this case shows that on the 8th day of April, 1921, the petitioner, the North Fork highway district deposited in the bank, on that date, and on subsequent dates, prior to the time the bank failed, the sum of about $18,000, and that about $17,400 was so deposited in the bank when it failed. The North Fork highway district has petitioned the court to have the said amount of money so deposited, declared to be a special deposit and trust fund held by the bank, which is entitled to have its claim paid in full prior to the claim of the general creditors. In 1910 a statute was enacted by the legislature declaring that no public funds should be deposited in any bank except upon a special deposit, and providing heavy penalties for any public official, and for the bank which received the same, for depositing money in any other way than upon special deposit. In the case of the State vs. Thum, 6 Idaho, page 329, the supreme court of Idaho held as follows: "Now it must necessarily follow that, the state treasurer having no authority to deposit money with bank on general deposits, but he being authorized to deposit such money with a bank on special deposit, the instant that C. W. Bunting and Co., received public money from the state treasurer, it did so on special deposit." This was followed by other decisions, and was recently again held in the case of the Bank of Nampa, 29th Idaho, page 174, where the court says: "The leislature has failed to make any provision for the deposit of Irrigating district funds other than to prohibit by Section 6975 revised code subdivision 4, the deposit by the treasurer of such district funds in any bank or with any banker or other person otherwise than on special deposit, made by Givens as treasurer of the Nampa and Meridian irrigation district of the funds of the district in the Bank of Nampa, Ltd., was a special deposit, and it became the duty of the Receiver of the bank to treat such as the property of the irrigation district, and not of the bank." In 1921 the legislature of this state enacted a law by which it attempted to change the law, as it existed since 1910. It passed what was known as the "Bank Act" and is found at page 42 of the Idaho Session law of 1921, and so far as is applicable to this case, reads as follows: "The order of payment of the debts of a bank or trust company (Continued on inside page.)