Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1885-05-05
Injunction Dissolved.

Injunction Dissolved
~Judge Broderick' 5 decision dissolv-
ing the injunction in the capitol build
ing case, is given il full in the Boise
City papers. We make the follow
ing extracts:
ssThis is an application to enjoin
the issuing of $4,000 bonds Of the
Territory of Idaho, which were about
to be issued to erect Capitol Build
ing, in pursuance of an act of the last
Legislative Assembly of the Terri
tory
The only question presented and to
be determined is whether the act in
question is obnoxious to the laws of
/ Congress enacted for the regulation
and government of the Territories.
/ | think we may safely lay down the
general proposition, that all subjects
which under our form of government
are committed to the Legislative de-
partment, and which are not express
", or by fair and just implication in
hIbited by the Constitution of the
United States or by the laws Of
Congress, comes clearly within the
grant OF power to legislate upon all
rightful subjects
1t may be here observed that the
duties and work OF the Legislature
! are all performed for the Territory,
and is work in which all the people
|. have an interest. The same may be
said OF a large proportion of the bus
. iness OF the Supreme Court. The
General Government has not, in the
Judgment of the Legislature, provided
suitable public buildings to meet the
. demands OF the government; aud the
law is the result of this determination.
congress could have abrogated the
law, but did not, nor has there been
, an instance cited where that body has
{ expressly denied to the people of a
: TERRITORY the right to erect, at their
own cost, any public building. 1t
seems to me it would be against pub
lie policy to do so, for proper instru-
: ments of government are as necessary
t as the government Itself. | cannot
be convinced by mere inference that
Congress ever intended to prohibit
the people in the Territories from
i. having what is necessary, and taxing
q themselves for such public purposes
: as are generally recognized as beng
lpropet subjects for taxation. No
such intent should be imputed, unless
l in some way it has been expressed, oil
e certainly implied.
| ! think it is significant that no linn.
g itation has been imposed upon the
power to tax except that the Terrific
nv shall not tax the property of the
General Government, nor the prop
t erty of non-residents higher than res
! idents. All other questions of taAa
: ton are left to the people to deter
mime in their own way. The conclu
sions at which have arrived are:
FIRsr-That Congress has the pow.
h er TO legislate upon this subject il
t, the Territories.
SECOND Being "a rightful suhjec
!of legislation. Congress has granted
g the power to the Territorial Legisla
X ture.
J. THRp-That the Acts of Congress,
assuming portion of the expenses o
the Territorial Government, does no
:, by fair implication. divest the Legis
lature of the authority to provid.
o suitable public buildings for the Ter
! ritory. 8 #@ 4sFe a
4 FouRTH-That the act of the Leg
islature in question is valid, and tina
the restraining order should be dis
Il solved.
For these reasons the restraining
v order heretofore granted herein, il
, dissolved, and the injunction prayed
for, is hereby denied.
CASE BgoDERlcR,
@t District Judge.