Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-04-30

into discussion of the merits and law
Of the case. He said there was no state
ia the Union where the legislature was
SO unlimited as to their power to tax as
this. The organic act had made but lit
tic limit to the power of the Legislature.
That power extended to all rightIul sub
jects Of legislation not inconsistent with
the constitution and laws of the United
States. No law can be passed iuterfer-
ing with the primary disposal Of the soil;
no tax can be imposed npon the property
Of the United States, and the lands and
other property Of residents cannot be
taxed higher than the lands and other
property Of non-rtsidents. With these
excepted subjects and subject to these
limitations, the legislature had the pow
or to make these laws. The counsel
must show that the capitol building law
came within ono Of these exceptions.
There was no state in the Union where
the limits to taxation we're greater. If
this territory had seen fit by its legisla-
ture to fit up an Office for the treasurer
or attorney general at a cost Of double
the $4,000 providing for in this bill
would this court have the right to in
terfcrc? BY no means. The lcgisla-
ture belonged to separate and distinct
branch Of the government, and in such
case were answcrable to the people who
elected them. As to the expediency Of
what the legislature did, it was not iu-
cial question.
Neither was it proper to consider
the legislature would occupy the build
ing If erected. The secretary might or
der it to convene in some dark hall and
they could adjourn to the capitol build.
ing. We have a valuable territorial Ii.
brary constantly increasing in value; the
legislature may not have thought it safe
where it is. There is territorial su-
preme court to be accommodated, and
the territorial bar has long been tortured
with the acoustic conditions Of this hail.
There is territorial treasury for which
suitable vaults were to be provided, and
yet the court is told that the matters in
volved in this bill were not public but
private. Tho counsel then went into a
discussion Of private as contradistin-
guished from public rights. He alluded
to the right formerly exercised by the
legislature to increase their salaries,
which they did at one time to twelve dol
lars day, and that the salaries Of other
officials were increased as well that con
gress Gaally in 1867 put stop to..this by
making an amendment to the organic act.
Nj. johnson read great deal Of law
and made other points in the course Of
bis remarks.
It is not pretended that the foregoing
was bis language Or all the arguments he
used. That would have been impossible
without short hand reporter, while the
reporter took notes.
At 4:15 the court adjourned to NEE.
on Wednesday, the END inst, at 10
o'clock.
WEDNESDAY.
Court met pursuant TO adjournment.
Major Houston believed tho whole
matter lay in the construction in the or.
ganic act to what was rightfal subjects Of
legislation. The objections wcro that
tho provisions Of the legislative bills wels
not rightful subjects Of legislation, and
that congress provided for the expense,
Of tho territory. 1t does not follow tina,
the territory may not provide for thing
that congress has failed to do. 1t NIGH
be urged that tho erection Of this cour,
house was Illegal because no express pow
er was made to do 70. II had been de
cidcd that no county commissioners coult
exercise rights tho legislature did moi
have to delegate. Such being the fact
# the power did not lay in tho legisla
ture in the 6sst instance to allow coun
~ 70 build : court house the oct Of th,
county commissioners was null aud void
II they had the inherent right to author
Ire the erection Of capitol building iol
county they had for territory. Thu
policy Of congrefs was not to circumscrib,
the powers Of the territories but to as
simulate such powers to those possessed
BY states. Congress provides for certain
officers and leaves US to provide for tn,
rest. IThe speaker here enumerated til,
only officers congress provided forl. w,
should bc in deplorable condition il
there we're no other officers in the terri
tory except those provided for by con
gress.
A territory is municipality invested
l