The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-24
Foreign Miners License--DecisiOn of
Judge Kelly.

GEORGE DYSON vs.. JAMES CRUrcHER: District Court
I'd Judicial District--Fcbruary Term. Il
The facts of this follows: The Plaintiff,
George DYSON is a. Chinaman, residentof this County
and is not tSER, nor engagedin taking gold rom'the
mines of this Territory. The Defendant is Sheriff of this
County and ex-ofcio Tax Collector. By virtue of his
Office and under Act entitled IAN Act to Provide for
the Taxing of Foreign Miners, approved January 12th
1866 he levied upon Plaintiff goods in order to collect
said license of five dollars The Plaintiff to discharge
his goods fromisaid levy paid said five dollars and seeks
torecover the same, upon the grounds that said Act of
the Legislature-at least far the relates to
Cinnamon not engaged in mning-is unconstitutional
and vod Section 1st of the Act referred to reads
folIowss o Chinaman May1ayan other person ofthe
Monaghan race shalf' be- allowed to take gold from the
mines of this Territory, hold works mining claim
therein unless he shall have license therefor as herein
after proviaed9 The Sd Section provides that every
subsequent license after the first shall be dated from the
expiration of the former license issued by the Collector
to any foreign MINER who shall have been engaged in
grom the expiration of the former license" The
9th Section provides that the Tax Collector shall collect
the license provided in this Act from all persons liza
bic pay the same and then follows the of ev
yng upon and selling property &c. and the conclusion
Of said Section reads follows: M Mongolans, wheth
male female and of whatever occunatieR residing
within this Territory shall be considered foreign MINERS
under the Provisions of this Act and shall pay license
of five dollars for each and every month they reside in
the Territory fs4..efrr.s s.s s4i. 1E aS5as}
This Objectionable provision of this law is invalid
Statute copied from California It has been decided
constitutional and void by her Supreme Court, in the
case of Ex PARTE All Pong, 10 CAL 1885, and is
acted by Legislature for the purpose of collecting
revenue from Mongolians The deessen Of that Court is
embraced in half dozen lines, and it is scarcely
saFy feE to give it than passing notice to
to the conclusion 1t is not contended by Defend
ants counsel that persons other than actual miners can
be required topay license under the law, but Prma
cially thsymay be considered miners by the Tax Col
ector and be required pay the tax unless they
themselves miners 1t is possible that the LegiSla-
ture may have habitat intention, andhadthsy ncorpO-
rated such intention into the statute in express words
it wouldn't have been improvement made the stat
ute valid. They might have well said that all per-
residing in this Territory of whatever age,
color should be considered Mongolians and all Monge
lians miners; and shaftaxe out heense &c. The
license requsred contingent upon certain business and
without the business there be no license required
The evidence of fact whether prima faca otherwise,
must be based upon reason Hence if you en1
gagged in digging up the earth and washngit through
suiceboxes it would be prima ca evidence of his being
engaged inthe business of mining but you to
him buiIdng house there would be such prima fcia
eyidence but the contrary would be the case and
statutes could change the rule View it either ways and
so far it affects persons not engaged in mining the
law is absurdity, and must be declared invalid.