Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-05-07

CAPITOL BOND CASE.
The Injunction II Dissolved Opinion
Of Judge broderiok.

| Of Judge broderiok.
| Il. Z. Hclfrecht ct al, plaintiff, VS. 10.
seph Perrault, treasurer Of the territory
Of Idaho, defendant.
This is un action to cnjoin the issuing
Of $4,000 bonds Of the territory Of Ida
no, which were about to be issued to
erect capitol building in pursuance Of
an act of the last Legislative assembly OF
the territory.
/ The only question presented and to b.
determined is whether the act in uues.
tion Is obnoxious to the laws Of congress
enacted for the government and regula.
ton Of the territories.
Our grant Of legislative powers by con.
gress is found in section 1851 Of the U
j. revised statutes, aud It reads as follows
"The Legislative power Of every terri.
tory shall extend to all ri.htful subjects
Of legislation not inconsistent with the
constitution and laws Of the
United S,at5s." Then follows certain
restri tions which are unnecessary to no.
tice in this connection.
Counsel contend that the act of the
legislature providing for the erection Of .
capitol building is not within the grant
Of legislative power and is therefore void.
L Is true that congress has the superior
right to legislate for the territories, but
has not usaally exercised this right over
minor subjects or in matters Of detail.
The policy Of the general government
has been, as rule, to allow the people Of
the territories to regulate their internal
affairs for themselves, 50 far as such reg
ulati0n Is CONSTANT with the constitution
and laws Of the United States. The ar
thority delegated to the territories to leg
islatc ,s 10 ample and complete as that
granted BY the constitutions of the sever
q states, save and except that congress
has the right 70 disapprove, Or abrogate
any statute enacted By territorial lesisla-
ture whether the net is valid or invalid.
4 therefore becomes necessary to de-.
ftermine whether the subject Of the stat.
ute IN question Is "a RICH full subject OF
legiSlation," within the meaning Of the
grant. In the several states Of the I'm
ion the power to legislate is generally de-
fined and restricted BY constitutional limi-
tations, and hence under the state gov
ernments il ID not 90 difficult to deter
mine the authority Of the legislature as
Y y IN the territories where the power
given is general
am referred to few cases in which
attempts have been made to define this
power granted the territorial Legislature,
but an examination Of these cascs must
satisfy any one Of the difficulty in giving
Z general ds6nition which is entirely sat.
istactory and comprehensive.
think We may safely lay down the
general proposition that all subjects which
under our form Of government, are CON-
United 70 the legislative department, snd
which are not expressly or by fair and
Just implication inhibited by the consti
tsio1 Of the United States or BY The
laws Of congress, come clearly within the
grant Of power to lkgislate upon all right
full subjects.
Congress has the unquestioned author
ity to cause 70 be erected capitol build.
Ing IN and for the territory, and has 10,
done 80, nor has il BY any act expressly,
denied to the the right to erect such 4
building for ITSELF; bat il Is .n,aiutaiued
that y congress has BY lsw assumed !
portion Of the cost Of The territorial gov.
ernmsnt, including most part Of the ex.
pensss Of tho legislative department
thereof, and the entire expenses Of the
supreme court Of the territory, il follows
thersftou. that the law providing for the
erection Of capitol building for the use
of the legislative assembly, Of the supreme
court, Of tho territorial and federal Of
fcen, and to provide secure place for
the territorial library. : BY fair implica-
ton prohibited aud i therefore void.
The Legislature i Of oeccssisry 10 the
6rst instance 70 Be the judge ofits own
constitutional pOwea Its members act
under oath TO support the sfandAmental
law, and IN every Wy under responsible
ties a. great y Judicial officers. Their
manifest daty il never to exercise pow
e q doubtful conssitational;ty, neabt |