The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1903-12-19

.fcient guarantee Of the constitu-
tionality Of an act Of legislature;
predicts his political undoing and
mourns over his waywardness.
The State Auditors attitude is
perhaps very irritating, and it is
the privilege of the Snake River
Current to apply counter-irritant,
if it choose; but it should remem-
Der that the right to change ones
mind is fundamental and inaliena-
able; that all the legal acumen
in the State is not confined within
the four walls of the Capitol, and
that the Governors signature to
bill is, at most, but byimsa facie evil
dence of its validity. But really
none of these things has anything
to do with the question, and it is
wasteful of time and energy to dis,
cuss them. Neither is it worth
while to speculate on motives.
The State Auditor has seen fit to
question the constitutionality of the
sugar bounty acts, and to do so is
we'll within his rights as an officer
or as citizen. That he has reas-
enable ground upon which to raise
that question, no lawyer within
the State will deny, not even Judge
Wallis of the Current. At the time
of the bills passage very eminent
lawyers expressed grave doubts of
its constitutionality, and when the
legislature proceeded to indirectly
employ the States credit to raise
money for the payment of bounty,
in the minds of many, the doubt
became conviction.
We fail to perceive any just
cause for censuring State Auditor
Turner, but, on the contrary, find
much reason for commencing him.
If the legislation is constitutional,
the bounty will be paid, if uncon-
stitutional, it ought not to be paid.
There certainly can be no harm in
putting to the test measures which
involve donation to a private cor
poration of public funds amounting
to anywhere between 20 thousand
and half a million dollars.
1t seems to us that newspapers,
having the honor to be regarded as
moulders of public opinion, should
be particularly diligent in uphold
ing the sanctity of the fundamental
law, and most jealous in guarding
it from violation, whether by legis-
lative enactment or strained and
unnatural Interpretation.
When the sovereign people of
Idaho put il into their organic law
that, 1.-THE credit of the State shall
not, in any manner, be given, or
loaned to, or used in aid of, any in
dividual, association, municipality
or corporation" they came. at least.
perilously near to saying that the
State shall not in any manner sub
sidize private enterprises; and when
the legislature passed law author
| izing the State to Use its credit to
the extent of $50, 900 to pay a
bounty, it came, at least, perilously
near to attempting to subsidize a
private enterprise.
We note that Governor Morrison
together with Secretary Gibson AMI
Attorney General Bagley are quot
ed as disappearing of Auditor
Turner'S attitude. That is ali
right, but it doesn't prove any
thing, except that different mer
have different opinions. But SC
far as we can learn, those gentle
men all base their disapproval or
I personal and political grounds
} The Governor complains because
Turner went outside the official O
> family for inspiration. Possibly
he had no occasion to, but it would
! be cruel to forbid him the consola