Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-02-16
The Capital OF Idaho.

newly n3useu papers VI t'o -''''"'
constantly a,tributing to the people oi
the North as a reason for our desiring to
20 to Washington, a chasrin and d'sap'
poin,mcnt, in consequence OF the removal
Of the capital from Lewiston to BOISE
CITY. From what circumstance, or by rca'
son of what act or expression of the poo
ME Of the North have ever shown to the
South or to the world that they charge |
this or even infer this we know not
Since the removal or pretended removal
in the spring Of 1865. by Gov. Lyon With
the aid Of the military, that were stat
toned at Fort Lapwai, We have never
heard any citizens Of this section or OF
any other section of the North lament
the loss Of the capital or express desire
that it should be returned TO the North
But many at the time, and since have
seriously questioned the legality OF the
net tor removal and that illegality oil
that act was fully and clearly decided
BY the court of original jurisdiction in
this district soon after the act was passed
aud that decision has never been reversed
by any appellate court OF Idaho, nor has
congress or the supreme court of the
U. s., ever passed upon the question,
and it is maintained that, Boise City has
assumed to be the capital Of Idaho with
ont any legal act from 1865 up to an act
passed by the legislature and put in force
juno |. 1887, section 105, Of code com
missioners report, which report was en-
acted by the legislature at the 18th
session Of that body. This section OF
that code reads as follows: "The seat
Of government Of this territory, is at
Boise City, in the county Of. Ada" If
this can be called the locating of the
capital Of territory, under the provis-
ions Of the organic act Of Idaho Terri
tory, then the capital was only located al
the l4th session by any legislative enact
mont Of Idaho. This legislature con
vencd on the 18th day Of December
1886 and adjourned on the 10th day OF
February, A. D., 1887. The only other
act attempting to establish the capital Of
the territory was pretended to be enact
J, cd in December, 1864, which was pro
nouuccd unconstitutional and illegal by
the district court Of the first district
from which no appeal was taken, anc
none was ever submitted to the suprem
court for decision. Those intereste,
in Boise City gave notice of an appeal
but they never perfected their appeal
and the question was never heard an
determined in the supreme court to thi
day, on that appeal. If the small act o
tho 18th session laws, can be reaarde
as establishing the capital, then we wi
have to corcede that the capital is nor
at Boise City, bat never before the az
of the 14th session. The act of the IN
session passed Dec. Z, 1864, was passe
at an illegal session which was convene
and organized in violation Of the provis
ion of the 18th section OF the organic az
and was SO pronounced by tho court fror
which no appeal was ever taken. Thcs
facts arc well known to those acquainte
with the history of idaho. But admi
ting that no scat Of government was eva
established by valid act Of the legi
laturc till that OF the 18th session, VIII,
il to be done with the decisions Of Il
supreme court, made aud announced
Boise City and no where else, up to Il
14th session, where the organic act +
quires (sec. 81 that said supreme cou
shall hold term at the seat of Cover
meDt Of said territory, annually" b.
makes no provision for more than oil
term annually, and no provision for ar
other place than the seat Of government
We ask further, if Boise City had n
been established as the scat Of Cover
ment before the 18th session, what a
thority had the 18th session to make
appropriation Of $4,000, out of Il
territorial treasury, to build capt.
building where no capital had be
located, aud tax the people of that teri
tory to pay that $4,000? Does t
act Of the 14,h session, which we ha
quoted, cure the wrong, and compel t
people to pay for the broken strit
which the fiddlers who played at t
fandango and force the expense
the capitol building upon the peopl
credit and money? We in the Nol
never we're SO stuck after the capital
to trouble ourselvesto interpose any {
lection to the legality Of acts passed
legislatures after the legislature of 1864
nor have we expended one dollar to i
ducs Boise City to prosecute tn