The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-31
IT MOVES SLOWLY ON
Extra Session Advocates Given Oppor-
tunity to Express indignation.
NOTICE OF APPEAL MADE
From Judge Speer's Decision on
the ConstItutionaIity of the L.
cense Law-But the Trans
crIpt Is Not Ready Yet

Notice of an appeal from the decision
of Judge Speer on the constttutionallty
| of the license law was served on the op-
posing counsel by the county attorney
yesterday, but the transcript Will prob
| ably not be ready to be sent to the su-
preme court for some time yet, much
to the CONSERVATION and disgust of the
extra-sessiontsts. Judge Speers deci-
sion that the license law is unconstitu-
tbonal has not affected the collection of
licenses in Silver Bow county to the ex-
tent of one dollar aside from the Chi
nese 1aundries, and as the Chinese are
the parties to the test case, no effort Is
made ITO collect from them.
When the question was decided by
Judge Speer II was feared that many
people would take advantage of the de-
ctsion and refuse to pay licenses and
that " the supreme court sustained the
decision an extra session of the legisla-
ture would be inevitable. and the extra
session advocates were jubilant. When
1t was found, however, that no one re
fused to pay licenses, County Attorney
Wines was in no hurry to take an APP
peal and 1t looks now as If the case
would not reach the supreme court I'm
time to make an extra session possible
in case Judge Speer's decision should
be sustained. Even after the transcript
10 Sent up IL VIII De lTOuIflS DtIOre lDe
case Is reached, and then 1t will likely
be a long while before a decision Is
made. 1t is stated that the attorney
general, for some reason or other, Is
very anxious to have the case taken
UP, but under the law, the county at
torney has whole year in which to
take an appeal.
A prominent attorney of Butte, who
has taken an interest in the license
question. has made the discovery that
the city licenses VIII also be knocked
out in case the supreme court decides
the general law unconstitutional as
the city ordinance is based on the state
law. Section $500 of the political code
relating to municipal corporations gives
the city power Ito levy and collect tax
es for general and special purposes
and to license all industries,
pursuits, professions and occupations,
for which, under the state law, a IL
cense Is required, but the amount to be
paid for such license must not exceed
the sum required by the state law"
AS the city can not exceed the sum
required by the state law 1t Is argued
could levy and collect no license in
case the state law is unconstitut icnal
If the general law is void, the city Ii
cenSes are also void.
THE last legisla ture was not to
blame for the condition of the law"
said the attorney referred to, except
for falling to discover what previous
legislatures and the code commission
ers had overlooked. The old territorial
law, which has been in force almost
from the date of the organization of the
territory, provided that the county
should collect licenses and pay Is per
cent. of them to the territory, and that
law was in force when the state consti-
tuition was adopted. and It then became
unconstitutional, but no one discovered
1t. The municipal corporation act of
1889 amended the'old law in regard to
city licenses so as to give the council
the power to suppress any business un-
der police regulations. The code COM
missioners then Incorporated the old
territorial license law, but Increased
the states portion from 10 to 25 per
cent. 1t is this law that Judge Speer
has declared unconstitutional. If the
county license is no good 1t must follow
that the city license law is equally de-
fective."