The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-09-30
WILL NOT Be NTINIDATED
FIGHT THE ILLEGAL TAX


MOSCOW ldah0s sept. Zo--laatah
county officers do not agree with At
tornsy General Guheen IN bis opinion
that the board Of equalization bad a
right TO make . levy 81 over Eve
mills for special funds Mr. Guheen
cited section nine, article seven, OF
the constitution as follows:
The rate Of taxation Of real and
personal property for state purposes
shaIl never exceed 10 mills on each
dollar Of assessed valuation: and IL
the taxable property Of the state
shall amount to ESQ. 900, 0O0 the
rate shall not exceed five mills ON
each dollar Of valuation; and when
ever the taxable property Of the state
shall amount to slO0. 900. 600 the
rate shaIl not exceed three mile on
each dollar Of valuation. unless q
proposition TO increase s1ch rate.
specifying the rate proposed and the
time during which the same shall be
levied shall have been submitted to
the people al general election, and
shall have received majority Of all
the votes cast for and against il at
such election.
Latah county officials cite ssction
IL Of the same article, which strictly
prohibits the legislature from max
ing expenditures that will make the
levy in excess of the Eve mill limit.
The section reads:
''NO appropriation shall be made
nor any expenditure authorized By
the Legislature whereby the expeD-
diture Of the state during any 6scai
year shall exceed the total tax then
provided for By Law, and applicable
to such appropriation or expenditure
unless the legislature making such
appropriation shall provide for levy
llng enfacient tax, not exceeding
the rates allowed in section nine OF
this article, TO pay such appropria-
tion or expenditure within such is
cal year. THE provision shslI not
apply to appropriations or expendi-
lures to suppress insuFrection. de-
AGAA AAn EAHNE vi kA1EAEA IA MNAEA4kAAM
the United States in time Of war.
81 have decisions by the supreme
courts Of both Idaho and Colorado
that hold strictly against Mr.. Guhean
in bis eontsntion. said County At
torney StiIlinger.
The levy lie unconstitutional. aud
IL We start violating the constitution
OF our state We throw away the great
safeguard that has been created for
. the protection OF the people.
They tell us that IL We defeat
this levy the educational institutions
OF the state will suffer. That is the
same cry we hear every time the
/ northern part Of the state demands
} justice. Esery time the northern
ave counties ask for anything we are
, reminded that ne have the state uni
versity. We have had to bow and
serape 10 get our appropriations to
keep the college running and It ID
getting tiresOme.
This college should be the ward
! Of the whole state and not Of the five
! northern counties, but It seems that
We can not open our mouths but
, some one ia the southern part Of the
! state will shout back State univers-
/ ity'.
81 wrote Mr.. Guheen that We
would like to get this matter into
! the supreme court as soon AZ possible
aud have a reply that Neg Perez
county will be made the test case. l
also wrote to County Attorney b. S.
Grow Of Lewiston asking him to lei
me know when proceedings we're com
menced against Neg Perez county, 81
. l should like to watch them. Mr..
Grow has replied by askiR me to as
sist him aud shall be glad to do 1t. .
rAWeKtw wAR.uFNsfs grsaur TFFN