The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-09-02
THE CHINESE MINERS TAX DECISION.

oherln OF BOISE county from the collection of
the tax OF five dollars per month imposed BY
territorial statute on all Cinnamon engaged in
mining. We do give, however, those portions
OF his most extraordinary stump speech from
the Bench, under cover of judicial decision,
IN which he so causelessly and so Extensively
hastens to ventiate his admiration for and sym
pathy with the Chinese After stating the case
as presented to the Court, Chief Justice Nog-
gle proceeds as follows:
by the Revenue law of 1862 sec. 81, the Sher-
III may selZe an unlimited amount of property of the
person Maple to pay a tax of five dollars The law
does not limit his power of seizure to propertv snf6
Client to pay the tax and expenses Be the taxpayers
property much or little, the Sheriff. as Collector NAV
take 1T ALL and he may sell it at Dubhc auction ON
verbal notice of one hour by proclamation This 10
not only taking private property for public use with
out just compensation but it is efectually taking pri-
e properly 1or private use by an Act of the Legis
latufe without just or any compensation whatever
Is 1t anything short Of legal or legislative autbor
lGy conferred upon the Sheriff to CHARGE Cbina,n,
% lor the privilege of residing in Idaho Territory for
one month? The Sheriff may take the whole month
to perform his duty; he may seek the most favorable
Tune when he might find the Chinaman at his camp
IN the woods without money, and by legislative an
thorlty he may demand the tax and if the Chinaman
mas 10 money, he may at once seize all the property
that he has, and although there may not be human
being within five miles of the place where the Sheriff
MS BIDDER ana the taxpayer then is, the Sheriff may
under TINS sahle law give verbal notice by proca-
nation and sell all the property the man has in one
hour from the time he seized the same He has given
a verbal notice OF one hour, but he notified no living
OelAg; he made proclamation for one hour but his
proclamation could not reach one human soul and
when he made 1t he knew it could reach no one not
there at the time he however forces on the sale ana
under this Law if he has no one there ne may iIs+ s
II Ii I tfSI MN .,
property for 80 as for more from al! which there is
no appeal or relief
After this mess of baseless utterly absurd,
almost senile, and wrrtchedly ridiculous slop,
the Chief Justice continues thus:
These Territorial laws seem to BE- a branch of Call
tornias legal history, and of peruIcous system Of
lesisation that certainly IS not cgrd4blo to Americans
In support Of al! things here. good or bad, We are
referred To acts and decisions III California and the
laws Of Idaho are for that reason just much part
y the history OF this narrow-mindrd unm4nly class
legislation as If enacted III California where these
.nctlAents commenced.
III the origin OF these laws It's authors qt~, holder
lhd more reckless, possessing much hess Ingenuity
md wisdom than they do HOW. Then they Jill not /
hesitate 10 enphatlcally declare the object and uel
uh ~ The law which was then what plainly now
Then the object Of the law was 10 prevent the far
her emigration OF Chinese Nungu,lams u the stat
w California Here the object ~ the t. lsllturc in
~
'e " they had - rA%re.stilt: I, prevent the further
Immigration ut Chta->c or Mous5iaI- to this Terri
Dry and b. the oppressive bur;leuS II these cgisla
I'VE en@ctmruts compel th0sg already here 70 with
raw from the country.
No doubt California will feel very badly over
his, and will At once, in humJ!rd spirit of con
rltlou. with 4 desire 10 atone for a!l the shame
he renowned Noggle has shown the state 10
Ia, .Ei L..
mend her laws exactly as ne kno,ry they ought
. be reformed and amended. He proceeds:
uniform Tx for police regulation upon the iuha3-
ants ~ STATE or Territorial government Nigh: b.
rhclI or lustb lrliua:c uu.oyc.n.il, ana DANCER.
esidence among the people. \ STATE or Territory
lay exclude vagaboni. ialon a rl.r. H
These laws do ~; bear any evidence Of political
laTacirr or niece sslty. can ud IN II no Vrctoucc that
lc conduct OF these people burthrus Idaho with taxes
opposition or gauuersm. Certainly there Is very
te opportunity inr them 10 occupy much oi IT," :uc
the Courts or al the people III investigating or
ealing with their wrongs. All -cnI - admit that
ley are quiet. frugal and Industrious people and
lc only wrongs lad - their charge TWO leading
ices at GhlnaIu"n which have been by our L,glsl.-
II" lrEaiIzrd and mad" lawful Can these laws /,
al without lmpartinE the conviction tina: they are
conceived and brought forth by thc same spirl;:
,Stlltty u the Chinese, aud drte I.luau. e. ban.
h them from the country.
It41I - HHtIIc .Nb--tt lI.tI! NItfS -Attr bI ION
rcss to sustain certain views OF biz own h. ;
$50 pays attention to the arguments of All
oW's counsel in respect to the BurIingamc I
rcaty and the Fifteenth Amendment, and :
len gives liccncc 10 his lcclinkS. as follows:
The complainant also claims that The treaty known
tn" Burlingam" Treaty has been iIy ratified and s.,
no" binding upon the Government Of the United ;
atcs. and that said treaty to all immigrants a
China equal rights with the most favored nations
siding in this country. when this treaty has been ,
oclaimcd and has become binding upon this Gov +,
nmcnt, of coursr the present infamous laws wu be !
pCrCcdCl thereby.
The Fifteenth Amendment aforesaid IL not yet a II
rt Of the Constitution, and the complainant has ;,
Finished no evidence that the BurlingIme Treaty IS '
force therefore neither have any force IN this
Sc at present. :
After examining and considering III" many enact Il
ents of Congress force kindly treating with China
d so strongly inviting the citizens Of China well ,
all other foreigners, indiscrminatCy to orr shores
a country of equality justice and humanity, and G
zen we reflect that the great leading American idea &
at labor IS the genuine capital OF this country, and
at labor Is the only thing known in this Government
ours that X productive of wealth. IL may well be p
ked what kind of unworthy element is in the k
infancy producing such laws? Are they ignorant -;
the power they insult by such enactments2 Are -
boosted arstOcrats of the fact that these
1ngoans the strongest and most numerous
ope carth-a "whosc rapid cOnqucsts may
compared with the primitive commissions of ma
re which have agtated and altered the gobe"-a sc
20 whose dynasty has been imposed for hundreds
years. and which still reigns the richest and ~
)st populous empire under the sun. cI
A legal question in the proper Court have no
Ibt that the laws imposing unreasonable burthens III
4 unjust exactions must in a proper case be de- "
red null and void. W