The daily star-mirror. (Moscow, Idaho) 1911-1939, 1918-12-26
MORE INFORMATION ABOUT
THAT $4,000 LAND DEAL

Judge Warren Truitt, mayor of Mos
COW, in regard to the recent decision
of the supreme court which saved
Idaho $4,000, will be read with in
terest by all. Judge TRUTHS very
able article throws much light on this
question about which too little is
known by the average tax payer. His
| letter should be read carefully 1t
| follows:
| To the Star-Mirror:
Gentlemen: Now that the biennial
election is over, and the newly elected
officers are soon to be installed, we
may without being accused of parti-
zanship, or mudslinging, review some
of the acts of the administration soon
to retire. 1t is but proper that their
dellnquincles, if such there be, should
/ be exposed as a warning to their sue
| cessors, both legislative and execu-
tive, and as a reminder that the Idaho
| constitution, which each and every
elective officer is sworn to support,
is still a live wire, as evidenced by a
recent decision of the supreme court
of the State of Idaho in the case of
the Gem Irrigation District, respond
ent, VS.. Clarence Van Deusen, as state
auditor, by which decision an approp-
riation of $96,670.00 made by the last
session of the Idaho legislature, and
appr9yed M PRO- ID by BY Governor @ 1i alexander
MaICl! ~, I0Il was declared uncOn-
st1tutional and void. This decision
goes farther than the matter of $685.
67O.00, preventing as it does the Civ
ing away to a favored few or more
than 5000 acres of the state lands,
susceptible of making homes for a
large number of returning men who
have been fighting for their state and
nation on the battle fields in France.
A brief review of this glaring at
tempt to override the provisions of
the Idaho constitution will, now that
politics are not involved, be oS gen.
eral interest to the public.
The state of Idaho owns, of endow-
ment lands, in Owyhee county, within
the Gem Irrigation district approx
mately 967O acres of valuable land,
for the reclamation of which the
twelfth session of the Idaho legisla-
ture appropriated $14, ,77O.28, and the
thirteenth session appropriated an ad-
ditional $46,432.O7, making a total
sides which a large tract of said land
was brought under cultivation as a
penitentiary farm by convict labor
This land could not be sold under the
Idaho Admission Act for less than
ten dollars per acre; the meaning of
which limitation undoubtedly was that
hat state, through its various insti-
amount, but to avoid the increase In
Jalue which was the natural result
IF the expenditure for reclama ton
purposes of SCI ,202.35, and the i'm
orovement of the penitentiary farm, a
special bill was introduced, passed
10Th houses and received the approval
# the governor on March 14th, 1917
See Session Laws Fourteenth Ses-
ion, Chapter 40, page 9O) By the
passage of this act the way was paved
o provide for the sale of the state
ands in the Gem Irrigation district
It the minimum price of $40 per acre,
Without reference to the money ex-
ended by the state in reclaiming the
anne. Six days later March 2Oth,
aw by the approval of the governor.
See Session Laws Fourteenth Ses-
ion, Chapter 73, page 235.) By this
ct it was proposed to levy a tax upon
he taxpayers of Idaho for the benefit
a municipal corporation known as
ne ''Gem Irrigation District in di-
ect violation of Sec. 6, Article 7, of
ides as follows: Sec. 6, 3'The legis-
1all not impose taxes for the pur-
ose of any county, city, town or
her municipal corporation, but may
Y law invest in the corporate authori-
es thereof, respectively, the power
assess and collect taxes for all pur-
oses of such corporation"
1t seems evident that the state land
the "Gem Irrigation District was
,praised by some person or persons
ithout visiting the same, from the
ct that the appropriation was
$3.50, while the acreage to be con-
yed was approximately 9667 acres;
ID the further fact that no appraiser
state land would have the temerity
appraise the penitentiary farm at
600 per acre, while other improved
acts were equally as valuable, yet
was all appraised at the minimum
ice of $1,000 per acre.
Sec. 8, Artilce TX of the constitu-
n provides as follows: "It shall be
2 duty of the state board of land
to provide for the To-
5ion, protection, sale or rental of
the lands heretofore, or which NAV
reafter be granted to the state by
) general government under such
yulations as may be subscribed by
v, and in such manner as will Sc
e the maximum possible amount
,refor."
Vas the above provision of the con-
tuition carried out in selling the
te lands within the Gem Irrigation
strict? No person can truthfullv
;wer in the affirmative. The land
S advertised to be sold in $40 acre
cts, with the apparent object of
venting home seekers with limited
ans from bidding. OF course the
mbers of the land board, as we'll as
,,u m ou1boro IF +1o - %,,,,. ~~,1,<