The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-09-08

Chief Justice Eosgle on the Cainese Tax Law
An action was brought III ue Territorial
Court of Idaho against the Sheriff OF Boise
county, bya Cinnamon, TO restrain the Sheriff
from the collection Of the miners tn imposed
by the Legislature Of that Territory on all
Cinnamon engaged in mining. Judge No--lc
WAS very severe upon the law, cAarnctnriEnt
1t as burdensUme, unjust and iniq,litous. lie
charged that the law was the Legitimate Off
spring of the California miners Tux law, and
AS such, was shame and disgrace to lis au-
thors. II speaking Of the law from tins
standpoint the Chief Justice says:
"Thesc Territorial laws seem to b. n branch
of Californin's legal history. and Of a pcrni-
cious system of legislation that certainly is
not creditable To- American statesmen.
In support of all things here, good or bad
we are referred to acts and decisions in Cali
fOrnia, and the laws of Idaho are, for that
reason, just as much part of the history of
this narrow-minded, uumanly class legislation
as if enacted in California whore these enact
ments commenced.
In tho origin of these laws its authors were
holder and more reckless. possessing much less
ingenuity and wisdom than they do now
Then they did not hesitate to emphatically
declare the object and intention Of the law
which was plainly then what IL is now.
Then the object Of the law was to prevent
the further emigration of Chinese or MOngo-
lians to the State of California. Here tho OBJ
ject of the Legislature in passing these laws
to me is just rs plain ms it wOuld he if they
had so expressed it: to prevent the further
emigration of Chinese or Mougolians to this
Territory, and by the oppressive burthens of
these Legislative enactments to compel those
already here to withdraw from the country"
After somewhat lengthy review of all tho
points presented upon the argument by conn
sci, the Judge proceeded to give the law to
the Chinnman and the tax TO the Sheriff.
That is to say, after cxhausting several reams
OF legal cap to show that the law was a mon
stcr of human barbarity which ought TO be
cXpunged from the statute books of the Ter
ritory, he proceeds to dismiss tho action Ia
restrain the collection of the tax. The re-
straining order demanded against the Sheriff
to prevent the collection of the tax was de.
niod, however. on the ground that the action
was not properly brought, us m equitable
proceeding could not he rcsortcd to in cstab.
fishing right where there was plain rome.
dy Mt hand, which the Judge seemed to thinl,
existed in this case. Although the action was
dismissed, tho effect will be to suspend al
further attempts to collect the Chinese miners
tax in that Territory, rs the Judge plainly In.
tmatcd that an action for assault. or Of tres.
pass on the case, could be maintained against
tho Sheriff should he persist in attempting to
collect the miners license tax. This IL tho
first legal victory for John on American soil,
md is the first step in the direction Of equal
rights for MI. The comfy wonder about the
matter is, that action was 80 long delayed, ms
Federal judges have been cxpouudfg tho oh.
nosidhs law in That Territory Gar ycnfs But
W tlyancos