Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1885-04-28
Capitol lsands Case

case were made IN tile District Court !
at Boise City last Tuesday. The
Stateman's reporter took down the
main points made by the attorneys on
both sides, the reporters epitome Of
the arguments making over two col
umns. We have boiled it down to
the following: Homer Stull read the
complaint upon which the order was
founded enjoining the issuing Of
bonds for the erection Of capitol
buildings. He said that a State may
tax its people to erect capitol build
ling, because it is required to provide
for the expense of its own govern
ment A territory cannot do SO, be-
cause such expenses are already pro-
vided for. A State cannot be taxed
/, for the expenses Of the federal gov
eminent; by the same principle ter
ritory cannot tax its people for a
building for the use of the general
government. With equal propriety
the legislature of the territory might
tax it's people for funds to erect bar
racks for the United States army.
Littleton Price, in support of the
. complaint, followed Homer Stull. He
, assumed that the territory had power
: to tax but for wants and necessities
! and this was neither. He said there
was no assurance that the United
States would use the capitol after il
WAS built. Congress itself had not
S the power to tax the people Of Idaho
e for capitol building. r. z. John
4 son opened for the defense. He sale
g there was no State in the Unior
+ where the legislature was so unlimit
If ed as to their power to tax as this
d The organic act had made but little
Y limit ito the power of the Legislature
e That power extended to all rightfu
% subjects of legislation not inconsist
" ent with the constitution and laws 0
+ the United States. The legislator
l. belonged to separate and distlnc
as branch of the government, and i
W such cases were answerable to tn
e. people who elected them. As to tn
# expediency of what the legislator
did it was not judicial question
There is a terratorial Supreme Coul
ed to be accommodated. and a territori;
Ir. treasury for which suitable vault
IT.. were to be provided; and we have
ais valuable territorial library, constant
". increasing in value, and the legisl;
no ture may not have thought it sa
he where it is, and yet the court is to
If. that the matters in this bill We're IL
asst public but private, Major Hustt
ill said that it did not follow, from Il
Dot fact that Congress provided for Il
as expenses of the territory, that t
Legislature may not provide for thin
nd that Congress has failed TO do and
ed might be urged that the erection
ere the court house was illegal becau
no express power was made to do
If the legislature had the 1nhere
M right to .authorize the erection OF
OF capitol building for county they h
the FOR territory. A territory has
10Y rights with respect to governm'
H. and taxation except such as are +
the hidden in express terms. Neitl
onl- law nor decision has been present
to show the repugnance OF the capl
, bill with the organic act, constltut
or laws of the United States. JUG
any Prickett said if there is an expr
~, prohibition of this act it is null a
" void; if there isn't, it is not. Ii a
nv" one of the uses to which the capi
contemplated is to be applied is les