Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-04-30
CAPITOL bonds CASE.
Points Made by Counsel on Both Sides
Of the Case.


Reported 70 Boise Statesman" Of Apr. 23l.
On Tuesday morning the court me,
pursuant to adjournment, Hon. Case
Brodsrick pycsiding. There was larg.
Ct attendance than usual, bot mot great
deal Of local interest manifested. A few
minutes past 10 o'clock Homer StuE'
Esq, opened the case by reading the
complaint in the case Of Heltrick ct Of.
". Joseph perrault, treasurer, etc., upon
which the order was founded enjoining
the issuing Of the bonds provided by act
Of the last legislature making provision
for the erection Of tho capitol building in
Boise City. He then read the act, after
which he proceeded with his remarks.
What is territory within the mean
ing Of tie laws and the constitution, and
what power has it? He then read au-
thorities to show their frame work and
origin, J. The counsel then read from the
United States statutes to show tho rela-
ton they bear to the government, and
decisions, BY which be attempted to show
that The United States had complete and
entirc eo1trol ov,r them.
All the expenses for the government
Of the territory Of idaho had been pro-
Yidsd for lcng before the passage Of the
act By the Idaho legislature, providing
for capitol.
A state may tax its people to erect a
capitol building, because Il is required to
provide for tho expense Of its own gov
ernment. A Territory cannot do 70 be-
sauss such expenses arc alrsady provided
for. Tho capitol building is an instru-
meat Of government which il Is the OK,
elusive province 70 provide for, together
with other territorial expenses Of The gov
lcrnmens.
+ this attempted issue Of bonds an ex-
ercise Of the power 70 tax Undoubtedly
il \, because the interest," and principal Of
The bonds arc 70 be paid BY taxes.
The exercise by 1 municipal corporation
Of The power % pledge il credit is the
iaoipient stsp in the exercise Of the pow
a " taxation, and unlem the object 10
y psslnpted b such = may BE- provided
~ BY taxaaicn the power to mako The
pledge dos not exist.
a stats cannot be taxed FOR the q.
peases Of ! federal government. A
county Aasot be taxed 70 Greet build.
" Tor ths MS u state; By tho same
/ psiAcipl. territory CANNOT tax its pso
Plgios ths erection o. building for III,
~ q tho national government.
IAxaaioa 10 b legal must b for /,
pablo - and this proposed uss ii moi
public g The people that il i proposed
tea ~. III public only 70 tie nation
that owns and controls tho territory. The
tnly possible mo . which the capitol
esilding said b put ~ the territory d
Idaho woula be to rent Il 70 tho govern,
nent q re United Statcs. This implies
! speculsafcn ~ Illegal uas Of the saxiu,
nowSf Win cunal propyiety The lecis
htase a ~ tesfitoEy night TAX il PEG
rfanda e erect barfActs for tho Uni
"a Hsaaes army. An III authssitis
sgres that ~ taxing power cannot b,
Nsea ~ p11pcssp of speculation.
~ Mr.. Stull bad clossd his 70
naAsks The scsst adjeurasd until 2 p. m
poas bon W conveaiag d court an agree
& - nads ~ sosnsol that but tw'
ahoad y sccspied % each sidc i
9iag thsif ssgumsAts, whsa Liet1t
Psics, ksq., addressed the court ],
hppset = IL complaint He elaborate.
= &c rsnarts made by Nj. 6tull ant
fprasatsd them y : different manner
He saaamsd that the territorial lcgisla
tus - : branch Of the federal govern
nene tsPposted By 4; Tia territory ha,
~ =, u kssA r..