The daily star-mirror. (Moscow, Idaho) 1911-1939, 1918-09-04
LEWISTON LAWYER
BRINGS LAND SUIT
J. E. BABB FILES GRIEF IN CASE
INVOLVING $4,000 ACRES
OF LAND

BOISE.-The last session of the
Idaho legislature adopted a resolu-
tion providing for submitting that
question at the next general election,
and it will devolve upon the electors
{ to decide the question. 1t should be
| known by the general public that to
| prevent such a convention from being
held majority of those voting on the
| question must vote against holding it..
| Observers of the methods of our state
officers including the enactment of
laws by our state legislature have
been led to the conclusion that what
we really need is a closer adherence
to, and observance of the constitution
we now have. For instance the last
session of the Idaho legislature passed
an act providing for levying a tax
of $96,670 upon the taxpayers of Ida
no for the purpose of making a gift
of that sum to the Gem Irrigation
district in Owyhee county, Idaho, to
enable them to buy approximately
9,670 acres of state endowment land.
Preference is respectfully made to
Chapter 73, Session Laws, Fourteenth
Session, page 235.) Under the pro
visions of this act the land was sold
in tracts of GAO acres with the excep-
tion of few minor parcels, for the
nominal price of $40 per acre includ-
ing the tract known as the peniten-
tiary farm which was improved by
convict labor. The doubtfulness of
the constitutionality of the entire
transaction has caused a friendly suit
to be instituted to settle the title, at
tempted to be conveyed: first the
state auditor refused to draw the war
rant for $90,396.0O, the amount al
lowed under the act by the board OF
land commissioners and also the board
Of examiners, consequently, in spirit
of friendliness and mutual under
standing, the district court for Ada
county was petitioned for mandate
to require State Auditor Clarence
Van Deusen to issue the warrant.
When the petition for mandamus
was called in the district court attor-
ney, t. A. Walters, with assistants,
for defendant Clarence Van
Deusen, state auditor, but for reasons
best known to themselves, they failed
to present to the court any constitu-
tional reasons or facts why writ Of
mandate should not issue, consequent
ly upon reading and filing the veri-
fled complaint of the plaintiff" an
alternate writ was issued.
Notice to Quash.
Now comes the above-named de-
fendant, through his counsel, /. A.
Walters, and moves the above entitled
court to quash the ALTERNATIVE writ of
mandate issued by said court on the
18th day of February, 1918, and made
on the second day of
March, 1918, for the reason that
neither said writ nor the petition on
which it is based, state facts suffi-
Gent to entitle plaintiff to- the relief
ovo thoroin
(Signed:) T. A. Walters
Attorney General.
A. G. Hindman
j. F. Pope, Assistant
Attorney General.
In support of the above motion no
authorities were presented or State-
nent of facts, but in spirit Of good
and in pursuance of an
agreed friendly suit the following (
stipulation was entered into as shown
" the record: at is hereby stipulated .
" and between counsel for the re- !
pective parties in the above entitled ]
lction, that Of the above 9029.6 acres
# state land sold to plaintiffs al
eyed in the complaint on file herein I
My 1854 acres were school lands I
within the meaning Of the limitation !
n the sale of said lands as contained !
n Sec of Article TX of the consti- !
ution of the state of Idaho. The re-
ult of such friendly litigation was
S anticipates: The state auditor was e
rdered by the court to issue the war t
ant; ;but now to make assurance (
oubly sure it appears that State :
.uditor Van Deusen defendant by his I
-. A To14 44<p,,,