The Teton peak. [volume] (St. Anthony, Idaho) 1899-1904, 1903-12-24
Important Case in Court.
Judge Quarles Employed 10 Test
Sugar Bounty.

Edward Stein, a we'll known busi-
ness man Of Boise made ex-parte
application to the court for an alt
ernative writ, prohibiting the state
treasurer from paying such bounty,
should warrants for the same be
issued BY the state board Of exam
iners. After listening to the argu-
ments Of Judge Quarles, the court
took the matter under advisement
and will decide tomorrow morning
whether the writ prayed for shall
be issued.
The affidavit and petition of Mr..
Stein for the writ Of prohibition
covers many closely written pages,
but its salient points are as follows: :
The defendant, John T. Morri-
son, H. n. Coffin, Will II. Gibson,
John A. Bagley and Theo. Turner
acting for their official capacities },
having wrongfully and without
authority of law, issued the bonds
of the state to the amount of $93, :
600, under the act Of the legisla-
ture approved March, 1903 and
will dispose Of same unless re-
strained by an order Of the court.
That af1iant believes that said act
was void and contravenes the con
stitution of the state OF Idaho.
That said act attempts to increase
the expenditures and appropriations
which said Session of the legisla-
latue attempted to authorize for the
years 1903 and 1904, contrary to
section II, article 7, Of the consti-
tuition. That said attempt to create
debts, which added to the existing
debts of the state, exceed one and
one-half per cent of the assessed
valuation of the property in the
state, contrary to section article
s of the constitution.
1t provides, or attempts to pro-
vide by taxation, money for private
purposes; money to be paid out OF
the state treasury in bouties to the
producers of sugar in Idaho from
beets grown in Idaho, to subudize
and assist the private enterprise
of manufacturing sugar in the state
of Idaho, contrary to section 2
article s of the constitution.
That the toll assessed valuation o
property in Idaho for the yea
1903, is equlized by the state boar
amounts to the sum of $65, 961, 5S3.
: %. That the total Indebtedness c
the state at the time of convening c
I the legislature, was 1852, ,619.5=
! That the specific appropriations {
A said session were $674, 375.56, fc
4 which no bond issues were autho
n lied.
( That i'll addition to the specific al
u propiations, the Legislature assume
q thelauthority to pledge the faith al
& credit of the state for the paymel
g of bounties upon sugar produced
i the state during 1903 an 1904
y some uncertain and unascertaine
T. amount, under the act, approve
( March II, 1903.
t. Affiant further says he is lnforr
b ed and believes that the bounty {
n sugar that has already been produ
p ed in the state and which will
i produced during 1903 and 1870
n will amount to a sum not less thu
h $4,000 and will probably rea'
d 5000, 600 That the Idaho Sug'
n Company has erected large sug
mandatory near Idaho Falls
- the state of Idaho, and is now ma
ufacturing sugar at the rate of mo
G than 100000 pounds daily, al
y have on hand large quantities
beets, and has contracted WI
: divers persons to raise large qua
10 titles during the year 1904. Th
ly another large factory IS now IN pr
It, cess of construction i'll Fremo
IS, county, and others projected, al
I'd the general appropriation of o
re cent per pound for bounty on sug
at produced in the state during 19O
to and one half cent per pound
IS sugar produced in the state in l9C
he as promised by said act, will if t
as act be held valid result in raj
,st upon the treasury of the state
is Idaho, in sums exceeding $2OO,O
er. That the outstanding liabilities
to the state will reach the sum of 5
at 76O, 439 to be increased fr'
all 100000 to 100000 for sus
bounties.
The affiant says he has no OF
plain, speedy or adequate remedy
AZ III obtain the relief herein sought,
mr. asks that defendants be restrain
to The same statement OF facts
nd made with reference to the act e.
tied can Act to Establish
Idaho Idustrial Reform Sch'