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The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, December 10, 1864, Image 2

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_ ^lie mountains —they proclaim
The everlasting creed of Liberty!
That creed is written on the untrampled snow,
launder d by torrents which no power can hold,
' av ? u at °f Dod when hebende forth his cold,
And brea th'd by winds that through the free heaven blow.
A Valuable Claim. —Messrs. J^cKay, Allis
and Murray have recently purchased the
c.laims owned by Steel & Co., on Orleans.Bar,
Pioneer City, paying $4600.
Rain in California. —■The California papers
are gleefully welcoming the showers which
have been pouring down on. the plains and
hills, desolated; with nearly two years cd
Persons desiring to send home to the East
ern or Pacific States copies of; the World,
will always find them on Saturday morping
at this office folded and wrapped and ready
for the mail.
The Regular Monthly Meeting of the, Idaho
City Soldiers' Relief Society will, be, held at
the Baptist Church, on Commercial street, on
next Monday eve'ning, December 12th, at Y
o.'clock, p. m. Ap address will, be delivered
by John C. Henley, Esq. A general attend
ance is requested.
Mrs. Jonas. W. Brown, Secretary.
Robbery. —We understand thata man,from
Payette was lately robbed of forty dollars in
an unscrupulous manner, Twp men canje to
his cabin, and one of thenj deliberately
knocked him down, with the hottend of,his
pistol, and tppk all .the money,that could be
found. We did not learn the,names of any
Qf the parties. Two Constables from Pioneer
visited that section soon. after, but did not
make any arrests.
TV ill Return. —We learn that the dramatic
veteran, Mr. J. S. Potter, will return here in
March with, a No. 1 company. Mr, Potter's
troupe was suçcessful last season in,achiev
ing a lasting reputation here, apd bis return,
with a good; company, will be anticipated
with impatience by the people of Boise Basin..
Mrs. Hayne, Mrs. Getzler, apd .other favorite
artistes are connected with Mr. Potter's
troupe, and are now; performing at Portland.
The Statesman says the huçdips are. all
black. ^ We have never seen one,in the Ter
ritory, but learn from those who have, that
they are from. Germany, apd are of the same,
color as the editor of that paper. If tfiat is
black, we have nothipg to say about it, as far
as the Statesman is concerned, but hundreds
of our citizens whose fathers and mothers are
waiting for their wanderi ng sons and daugh
ters to return to the sunny banks of theOder,
the Elbe, and the Rhine, do not. feel, very
highly complimented by tl?e Statesman's slurs
o,n their complexion.
Representation from Idaho City.— Idaho
city appears to be well represented in both
branches of the Legislature. Ip the Council
Hon. Jos. Miller is Chairman of Committed on
Judiciary, the mpst important position in that
Chamber. As a legislator he is prompt and
active. In the Assembly, Hqn. J Jphn B, Pierçe,
also of this town, is a membpf of .most of the
committees, and an. indefatigable worker—
clear beaded, attentive and industrious, he
wields a powerful influence. His long and
intimate acquaintance with the wants of his
constituents, affords.him an ample field in
which, to accomplish much £bod for,those
whom, he represents.
\ j.
The Eastern Elections.— Why don't.we
bear from the Eastern Elections ? is becoming
a. very frequent,.question. The telegraph
continues dumb. Although a month has
elapsed since the election, we have no definite
knowledge.of any ope State. Considerable
money is depending in this county upon the
result in several States, and the parlies would
like the matter settled. Perhaps the loyal sup
porters of the,Administration are too busily
employed in still voting a few thousand dead
and deserted.men,, who were accidentally
forgotten ou the 8th of November.
The Statesman's Property.— The editor
of the Boise Statesman fills nearly one half
) of his last Saturday's issue with, hurdy gurdy
matters. Ilurdi-es are evidently an important
I institution wiih the,.Statesman editor, and a
1 subject upon which hp is capable of. treating.
Hurdies are evidently his peculiar weakness.
We leave that elevated apd .refined subject
exclusively in his possession, subject to the
learned disquisitions of,ape so much inter-1
ested in it. *Wç are of the opinion that hurdy
gurdies should be taxed like auy other busi
ness, and when .the Legislature makes any
provision requiring them to pay a license, and
they refuse to do it, it will be ample time for
such uncalled /or attacks as were made upon
them by the Statesman. Uutil then the pub
lic fails to see what business...it- is .to the
editor of that paper, whether they .live in „the
front or the " rear " of tbpir " houses," or on
"cheap" or dear "plunder," or what their
peculiar "color" may be, unless the States
w*n is tbe Hurdy Gurdy Regulator.,
ff illq
Had we been requested three, weeks ago to
locate the,, next Copperhead triumph, we
should have, unhesitatingly given the prefer
ence to Idaho Territory. It is overrpn with
thieves, gamblers, highwaymen, guerrillas
and: murderers. It if the home of the out
law, the paradise of crime, the lair/ of the
escaped convicts of every State. Outside of,
thp confines.of; the low,ef. regions, better ma
terial for the format ion of a Pea ce Democrat
ic party cannot he found than Idaho.
ttt . ' 1
We publish.the foregoing from the Virginia
Enterprise, as. a sample., of what we see in
nearly every, paper published ip the State, of
Nevada. California, papers also very fre*
quently indulge in a.similar strain of ignor
ance, falsehood and, fbliy. The cause of
most of these idlp denunciations is found
in the supposrd collision of interests between
thié Territory, and those States, California
dreads the annual, deportation,-of its most
enterprising citizens; and Nevada welters in
mortification,and furious» unreasonable jeal
ousy, because, Idaho h$s surpassed it in
general prosperity. While thn silver mines
of Nevada have proved-, the. sepulcher of
thousands of fortunes, apd the ruin of crowds
of hopeful men, Idaho has sent fofih a con
stant stream of the precious metals, enriching
its citizens, gilding its reputation, and build
ing up, the Territory* upon, substantial
foundations* During thp, past year Nevada
bas "cavedsin," —its. ruining stock?, have
fallen froin thousands of dollars to thousands
of cents— it?, towp? have decayed—and a
laçgç, portion of Reformer- population, have
left the countçjr In huge disgust. Over all
Nevada there hangs a cloud of despondency.
Capital ! Capital ! ! - Capital ! ! 1—the wailing
cry comes from every, paper we .pick up, from
every letter wp receive from .its, desert wastes.
We pity, their,; distress, but cannot excuse
their malignity, ...
The fact plainly, toid„ is, that Idaho is a
better epuntry now than Nevada ever has.
been or evey. will be*. In silver ledges it
equals, if it does not expel. Nevada; in gold
ledge3 it has no equal ; in*placer diggings, it
is second.'ônîy, to California in its best days.
Gold aadpsilver ledges crpp out from every
mountain, and the„debris eprich every streaft.
The man who could starve tpdeath in Nevada,
here has fortune?? dog.r lefk.wide open for.his
entrance* «•
A Califofnia.paper calls Idaho " a frozen,
desolate country, fit only to,.emigrate ftom—
a country overrun witboutlaws and Vigilance
Committees'."- People who live h.ere will
scarcely recognize tke..pictare, but they will
pretty, likely set down, the author .of the ex T
tract as an " egregious ass." The winters in
Idaho pre,no worse thau the winters in the
mountains of California. The climate is
Healthy, thp seasons pleasant, and more of jts
people are,.contented with their present re
sources auch, future prospects than can bp
found in Uny other portion, of the Union.
In mprality, Idaho,,will compare favorably
with either Nevada Q* 1 California. There has
been mpre murders, robbert.es, and crimes of
every character committecffn either of those
States during the past year than in,this Ter
ritory—and we would be safe Ip, saying thqre
has been quadruple the number, There is not
now, nor has there ever been,, a Vigilance
Committee within the present limits of Idaho
Territory—nor, ha3 there ever been cause for
one. There never has been a community
thrown together,suddenly and from all quar
ters as this was,, which cap present as credit
able a record ; none in whfçh peace Jias been
better , preserved. Although there were no
printed copies of,the laws l»f this Territory
obtainable until within, a .few mpnths, the
people have obeyed. ( the { law? in spirit and
* The predominance.of the Democratic.party
here has bpçn made an excuse fqr a new out
pouring of .vituperation and falsehood by the
those States. As in thq, fpregoing extracts,
the abuse is wholesale, including as murder
ers, thieves and optcas*the, whole of the
Republican party as well as the balance of
of the community. That party in Idaho
Territpry is fully the equal in intellect and
virtue, and every , other quality of manhoqd
or womanhood, to the fraternity in Nevada or
California. The Republicans of Idaho are no
more outlaws than the Republicans in any
other epuntry : and as for the components of
the Democratic party here, they are fully able
to hold their own with any men, of any class,
in any country, in everything pertaining to
a civilized, refined and Christian community.
In conclusion, we say to these malignant
slanderers, shoot your puny arrows at the sun
of Idaho. He will vindicate us hereafter as
heretofore by blinding you .with the dazzling,
resplendent rays of enduring prosperity.
At Rocky Bar the snow is said to be about
three and a half feet de.ep. All the arastras
have stopped work. The Idaho mill will be
^operation in two weeks. There is a pros
pect that provisions will be short in that
eamp before Spring. The flour in camp wjll
last but a few weeks.
A Nugget.— Smith & Co., working theirs
claims, on Grimes' creek above Pioneer City,
recently took out a specimen- weighing over
forty ounces. If is the largest piece eve?/
taken out ot the creek. Pieces weighing
sixteen or eighteen ounces have frequently
been taken out, but. .this leads them all.
V \ >'
Id the case of the Pèople vs. Kelley, the
complaint, charges that the Defendant sold
liquor at his fixed place of-business in,Idaho
city, in les3 quantities than one quart,.with
out fir3t obtaining a license therefor,, as re
quired by law. The Defendant admits the
(acts set forth.,in the complaint, but says that
he tendered the amount of the license in
" United States, notes," which,, the Collector
refused.tp receive.
! The Prosecution admits the-tender T but
claims that "United,States notes" are not a
legal tender for "license tax.",
In passing.upon this question, it is.not my
province to inspire whether the Act,of Con
gress, passed-February 25th, 1862/ creating
" United" States notes," and making them
legal,tender ia payment of debt, is Constitu
tial o,r not. But the question to be deter
mined is, did Congress intend to include tax
es dpe the . county and . Territory ? in saying
that such notes should "be lawfuljnoney and
"a legal tender inpayment of all debts, pp?
" Lip and private, within the United States
We dq not think the act has reference to taxes
levied for local purposes. It only speaks
taxes.due the United States, and distinguishes
between them and debts. It,s language is—
" for all taxes, internal duties, excises, debts
and demands of every kind due, to the United
W.e are to .consider first, whether a tax,is
dpbd, and.second, whether a license i$.a tax
Tjie Supreme Court of California* in pass
iqg upon this question, used tne following
language, to wit
" A debt is . a sum of money due by con
tract, expressed, or implied. A tax i 3
charge upon persons or property, to raise
money for public purposes. If .is not found
ed upon contract; it does not establish the
relation of debtor and creditor between the
tax payer and State; it does not draw inter
est ; it is not tb,e subject of attachment, apd
it is not liable to set-off; it owes its exist
ence to the action of the legislative power
und does not depend for its validity or en
forcement ifpon th.ç individual assent of the
tax payer,"
For this distinction between debts and
taxes, the following cases are referred to by
the. Court : "The City of Camden vs. Allen
(2d Dutcber's, New Jersey R„ 398) ; Pierce
ys: the City of Boston, (2d Met., 520); and
Shaw vs. Pickett, (22th Yf., 428," And the
Court further remarks on this Subject, that,
"The terp debt, it is true, is popularly
used in a far more compreheusive sense, as
embracing not merely money due by contract
but whatever one is bound to render to an
other, whether from contract or,th.e require
tnents of,the law.. But the legal technical
meaning of the terra as used in Statutes, and
in the Constitutions both of this State and-of
the Unified States, is as we have defined it
No one would pretend, that an act providing
for the collection of debt would include by
ferco merely of the term, debts, the collection
of tax,es aho."
The Court, in-concluding the.subject, says
the question is
"What did Congress intend by the act
under consideration ? Upon this question we
are clear tbat .it only intended, by the terms
debts, public and private, süçh obligations
for the payment of money as are founded on
contract*"—[20/Dal., p. 358
These ape soma, of tbp reasons which have
impelled us to believe tbqt. Congress .did not
intend thatUnited States notes"" should be
a legal teoder in payment of taxes for county
and Territorial purposes.. Another ; reason is
that, the County, State, or. Territory, depend
upon local rules or .laws to raise money to
defray their current expenses, and it certain
ly Wquld be unwise and impolitic in Congrem
to pass an act which might prevent the
County,, and Territory from, obtaining the
means to continue their organization, by en
abling tbe tax payer to discharge his obliga
tion tp ,the County and Territory in a depreci
ated currency, whiph he would pot receive at
par for his labor orjns wares, and the.result
would be.that, he who furnished raw material
or labor for the, public, would dp so at his
own expense ; or, in other words, it would be
greenbacks from the public and, gold, dust
from tlie individual.-. We can hardly believe
that such was the intention of the act creating
" United * States notes," and we. therefore
conclude that the act does nqt refer to taxes
levied for county and Territorial purposes.
We have now reached the,second subject,
tp wit :
Can a License be considered a tax? The
Statutes of-this Territory use the term "Li
cense tax," therefore, whether the common
law, or the writers on thp subject, treat li
cense as a tax or nut, the. language of nur
own statutes fully settles the question that a
license is a tax.
We are unable to see the distinction drawn
between taxes levied under the laws of a
State and those of a Territory, as Congress
ha3 granted to the Territorial Legislature the
right to legislate upen all local matters, sub
ject only to the Constitution of the- United
States and Jtbe Organic Act of the Territory.
After a full examination of all the questions
involved in this case, it is adjudged by the
Justice that the Defendant i3 guilty, as charg
ed in the complaint,, and that he p^y a fine of
ten dollars, and .costs of suit, amounting to
the sum of twenty-four dollars and fifty
cents. Charles Walker,
. : Justice of the Péacp.
Idaho Cify ? December fitb, 1864...
TETTER FROM rocky bar.
Rocky Bar, Alturas County,
Nov. 23d, 1864,
f Eo. WoRLft*—Last week quite an excitement
started up regarding the Xuha District silver
quartz ledges.. The following are the names
Clarinda, Jessie Benton, Gray Eagle, Eclipse
Lucy Phillips, John. Barcombe, &<y. I am
informed that Mr. Rossi, of your town, has
declared the Clarinda to be very rich so .far
as he assayed it. The great part of the rush
took place on Saturday last, when Messrs
Fox, Cartee, Niles, Scranton, Fisher,^ John
ston, Truesdale, and about fifteen Others
started to find,and locate-silver quartz claims
Bach seemed to think he was about to find
"• something good," and all were in high glee
a sketch,
Monsieur Le Baume, our County Surveyor
elect, sketched tfie interesting group, and
drew m hi? imagination the foot-weary
prospectors arriving at their destination and
in sight of the quartz Içdges. In the advance
was Mr. Fisher riding his mule and* Mr. Car
tee helping himself up the steep mountain
side by holding on to said mule's tail ; a little
behind was Mr. Truesdale fatigued and plod
ding and stumbling, whilst Mr. Chamberlain
makes use of him as a foot-stool to help him
over a slight elevation of the ground ; at the
fpot of, the hill is our worthy Squire and Dr
W. H. Niles, on the flat of his back. I learn
that the intention is to send the sketch to
California, that it may be photographed.,as a
Carte de,Visite.,
> .....
At a meeting of the Board of Commission
ers, on,the 21st inst., Dr. W, H. Niles was
appointed. Justice of the Peace, vice H. Q
Rogers resigned apd gone to I+ewiston as the
candidate of the, Republican party for tb.e
Council ;.and George E. Chamberlain Treas
urer, vice H, G. Fields resigned. Both ap
ppintments are exçeUfnt and, could, not be
bettered here..
Some new quartz ledges have lately been
foundjn this neighborhood, and are. spoken
of as of fait width and quality, but as yet I
have not full particulars. Nearly all of the
arastras are laid up,for Winter, but the last
few days have been mild and now there is
every appearance of snow.
Thp Idaho Company's mill is rapidly.pro
gressing, and out buildings ri3e in a day.
They are evidently an enterprising set of men.
Dr. Josiah Franklin, late of Yreka, Cal.,
died laat.Suuday, of pleurisy, after two day's
The more I;sep of this camp the morel
become convinced that all that is required is
capital to assist the enterprise of the citizens
of this place. Ypurs respectfully,
AY a meeting of the of the members
of the, Idaho City Philharmonic Society,
held at Tom Prior's Saloon, on Wednesday
evening, December 7tb, A. D. 1864, at eight
e'clock p. m., precisely, the following, among
other proceedings, were had; ;
Upon motion, James Ruse, Esq., was unan
imously elected President pro tem, and A.
Mitchell, Esq, ? Secretary. Upon motion, a
Constitution and, By-Laws were adopted.
Upon motion, Thomas Prior, Esq. ? was elected
Steward, and Robert Murray, Esq^, Treasurer
of said Society, Upon motion, the following
named gentlemen were unanimously.elected
members of said Society: Joseph Mabbott,
James Ruse, K. P ; . Lovelock, Peter Rush,
Frank Miller, W. H. Gibbons, Thomas Prior,
A. Mitchell, and others* Upon motion, it was
unanimously resolved that the regular meet
ings of., said.. Society,shall take place at the
fipur of. eight o'clock, p. m., on Wednesday
and Sunday evenings of each week hereafter.
All members of said Society, in good stand
ing, are hereby notified to be in attendance
ujnder pains and penalties of negligence..
A-,Funding-, Act.— Hpp. John B-. Pierce has
iqtroduced a bill in tha Assembly to provide
for the fqnding.of the dçbt of Boise county.
This is a very important bill—and one which
will meet with thp approbation of nine tenths»
not all of,the tax payers of Boise county,
be county is now-,floundering in a pit of in
debtedness as redemptionless as that which
eparated Lazarus from the bosom of Abra
ham, and unless something is done county
scrip will soon be worthless, and »the county
bankrupt. The county, expenditures should
be kept within its revenues, and a fund set
apart for the gradual. redemption of the
present indebtedness* Nearly all of the
counties in California have adopted a similar
provision as the only life-preserver left for
tbeir salvation, and the sooner it is done here
the better for the people.
The Specific Contract Act passed both
houses of the Legislature about tea days ago,
and has gone to thp Governor for his signa
ture. Only two votes were recorded against
it in the House, and one.in the Council.;. The
bill should receive the approbation of -the
Governor, for it would do much to promote
security among business men, enabling them
to transact business, and enter into contracts
with a full understanding of future responsi
Correspondents. —" Once a Week" writes
a. very full and interesting letter this week
from Owyhee. It is the best description of
the ledges there, and the country, that has
ever been written. Rocky Bar and Silver
City correspondents also post ustm the af*
faig3 of their respective localities,.
On November 30th, 1S64, at JRoeky Bar, Alturas county f
I. T., J osiah Franklin, aged 56 years ; formerly a resident
of Yreka, California. A native of Virginia.
Nevada papers please copy.
At Rocky Bar, Altnras county, on. the 2Sth ult., Ai
G. Annibal, (late.of Gustavia county, Ohio,) aged 48 years*
Ohio papers please copy.
At Buena Vista Bar, Dec. 1st, wife of Jacob Weckert. .
aged 29 years. Deceased was a native of Bavaria, Ger
At the residence of his brother, Col. W. Powell,
tant-General of Upper Canada, in Port Dover, on the 22d,
ultimo, Mr. George Powell, aged 22 years.— [Victoria
Chronicle, Nov. 15th.
Tho, deceased, was a brother of Edwin Ppweli, of tho.
firm of Powell & Co., of .t-liis city.
ISTew this Week.
lemen .of Idaho c[ty and vicinity, that hjs School s
for Instruction in all .the Fancy Dances, and IVaUzea, ia
now opeu.,
Gentlemen's class every Wednesday and Saturday from .
7 to 10 o'clock, p.M.
Class for Ladies every Wednesday afternoon at 2 o'clock.,
Assemblies every Monday evening. 7 tf,
Office at McGlinchy's Old Store,
Montgomery Street, Three Doom above WaU ,
T HE comestible department of this house has changed ;
hands during the winter months. The sleeping de
partment, as heretofore, under the management <?f Col.
White, The Proprietor solicits a continuation of its
old patrons, as well as the public generally. No pains
will be spared to render guests comfortable and ^give tho
most fastidious perfect satisfaction. Meals can be ob
tained at all hours. Comfortable rooms, a well supplied
table, and. good beds,are,among the inducements offered ;
at this hotel.
Boardper week., ..................$1200
*•- " with Lodging....... .............. 17 00
B. EtSHORST, Proprietor.
Idaho city, December 1Ç, 1864 . 7tf
DECEMBER 27TH, 1864,
All brethren in good standing are specially invited ;
to attend.
Music by Barney's Quadrille Band.«®y
Supper will be served at the Washoe Restaurant.
J. R. Totman, Dr. Raymond, S. Wertime. .
Phelan & Hughes'
James Graham, at Pioneer City,
H AS been appointed Territorial Agent for these cele
/ brated Billiard Tables, and is authorized to receive
and execute all orders for the Tables, or any of the Fix
tures belonging to them. Two of thçse tables can bo
seen at GRAHAM'S BILLIARD SALOON, Pk>neer city.
They will be furnished in this Territory, on application
to the Undersigned, at San Francisco pricos, with freight
additional.- 7m3 JAMES GRAHAM.
Notice of Dissolution.
rglHE Partnership heretofore existing between
B James Madigan,Cosgrove & Sheehy, and Jno...
M. Cannady, doing general merchandise business
ât Pioneer-City, I.'T,, under the firm name of
Cannady & Co., ia. this day dissolved, Messrs.
Cosgrove & Sheehy-withdrawing from the con-,
cern. 'lhe business will hereafter be carried;
on by James Madigan and John M. Cannady, who,
alone, are authorized to collect all debts, and are
responsible for, the indebtedness of the late firm.
Pioneer city, I. T., December 5th, 1864. , 7w4*
Territory-.OF Idaho, | gg
County of Alturas. 1
In Justices Court before ( H. W. Niles, Justice of
ti)B T*6ri06*
McCall & Fisher, plaintiffs, vs. W. Willey, W.Pi
per and L. Hartwig, defendants.
To W. Wiley ; Whereas, McCall Fisher have
this day filed a complaint in writing, under
oath, for an indebtedness-of one hundred' doG
lars, balance due on settlement.
YTOU are, therefore, in the name of the people
of the United States, in the Territory of
Id aho, hereby summoned to be and appear before
me, at my office, in Rocky Bar, Alturas county, on
the fitb day of January, A. D., 1-865, at 11 o'clock
of the forenoon of said day, to answer said com
plaint, or judgment will be rendered against you
for the sum of oue hundred dollars and tho coats
of suit.
Given under my hand this 28th day of Novem
ber, AiD., 1864. (Signed) H. W. NILES.
Justice of the Peace.
I hereby certify that- the foregoing is a trim copv
of the original summons in the above entitled »
cause, and placed in my hands this 28th day of ç
November, A.dDi, 1364. JOHN fr. HOWELL,
Sheriff of Altnras county.
It? being made satisfactorily to appear to me
that the above named defendant, W. Wiley, has
left this Territory, and it also appearing satisfac
torily .to me that a good cause of action exists by
said.piaintiifs against said defendants, it is, there
fore, ordered that the said summons in respect to
said defendant./ V. Wiley, be published for
four consecutive weeks in the Idaho World, a
n^vspaper published in Idaho city, Idaho Terri
tory, and it is lumber ordered that » copy of said *
summons be sent by mail to said W. Wiley.
GitfeD under my hand this 28th day'of Novem
ber, A. D., 1864. . H. W* NILES,
Justice of the Peaco.
Margary.j& O'Cc Att'ys for plaintiffs.
Office—on the east'
the northeas'
's.and off

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