The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1913-08-08

better to do and he is few in number
and of little value.
The Law Will be Tested.
The constitutionality of the law
which created the state public utili
ties commission is to be tested in the
courts. The case arises in Bannocl
county as result of the county com
missioners there refusing to carr,
out an order of the commission. The
county assessor of Bannock count,
assessed a Pocatello brewery at $40,
600. The owners Of the plant appear
ed before the county board of equal
cation and asked for a reduction ir
the assessment on the grounds that
since the greater portion of south
eastern Idaho had voted dry at loca
option elections the value of the plant
was negligible. The county board re.
duced the assessment to $4,000. The
proprietors of the brewery appealed
to the state commission and after q
hearing at Pocatello the commission
reduced the assessment $1,000. The
county board, after a consultation
with the county attorney, decided tc
ignore the state commission and the
matter will go to the court.
Unless a technical error occurred
in the passage of the law there car
be little doubt of it's constitutionality
While the wording of the law is
vague and hardly Ineligible in parts
its principal parts and purposes are
easily understood. In the matter of
the jurisdiction of the commission
the law says:
"The commission shall supervise
the administration of all laws relat-
ing to the assessment of property,
and the levy, collection, apportion-
ment, distribution of taxes, and shall
exercise power and authority to en-
force all such laws, and in so doing
shall oversee all boards of assess
ment, boards of equalization and all
officers upon whom any duties de-
volve under the revenue laws of this
officers to perform the duties imposed
upon them by such laws"
The portion OF the law quoted
would seem to confer ample authori-
ty upon the state board of tax COM
missioners. The county commissioners
of Bannock county claim that if the
value of the plant in question is neg
ligible as brewery, the same could
be easily converted into Touring
mill and for such purposes it has an
intrinsic value of at least $4,000.
AS other property, vacant business
lots for instance, is assessed, not
upon its present earning power, but
upon its proximity to other property
and its earning power if properly util-
lied, there would seem to be a meas
ure of justice in the position taken
by the county commissioners.
President Bush at Twin Falls.
President B. F. Bush of the Wes-
tern Pacific railway has visited south
ern Idaho for the purpose of investi-
eating the tonnage and need for new
railway. At Twin Falls Mr.. Bush
said: "We operate 10000 miles of rail-
road in 10 states, but l want to say
that this is the most promising coun-
try for tonnage that have ever seen.
All of us are surprised at what we
have seen here" The same condi-
tons as to tonnage obtain throughout
southern Idaho. An official OF the
Western Pacific who was in the Bush
party stated that President Bush when
FIRST elected president of the Missouri
Pacific, asked for $l5,O00,000 for i'm.
proving the system, and got it.; IL
months ago, when elected president oil
the D. r. & c., he asked for $4,000.
600 for improving the system, and got
it. Within the last three weeks he has
been elected president of the Western
Pacific. History may again repeat it.
SELF Presidents of great railway sys.
TENS do not 60 gallavanting over tht
sagebrush for pleasure nor for health
Other sections can give them more o
both at less inconvenience. The fac
that this great railway magnate die
visit southern Idaho shows that this
section is attracting attention in rail
road circles. Lewis J. Hill was re
Gently here. He stated that he in
tended building no new railroads. TIL,
statement was expected The Oregon
Short Line recently said that it ha,
no intention of building into Nevad;
from these parts. The Short Lin,
seldom gives out advance information
of its. intentions. The visit of thes,
men; the activity OF Col. Place an,
associates in Nevada. California ant
Idaho, and the uncasiness of certain
bOiSc pIOtHOtctS hoiSStes caSu ain
every one, that there will be .railwa.
building in southern Idaho within tn
coming year. The needs of the coun
try at both ends, in the middle ant
along the route of the proposed Win
ncmucca Northern; the tonnage IL
sight; and the country that can be de
veloped; fully justify the construction
of a railway. Now is a good time t
take a broad, cheerful view OF tn
situation.
Col. Place in a recent interview
given the Silver State OF Winnemuc
ca stated that great progress had bee
made in Idaho. He is entirely salts
ced with conditions and that the rail
read will be built. Col. Place doe
not hold out false hopes nor does h