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--- — - ——■ Ml.......... —— i r •-' ■ - ■ Ü iu^is V f i , à lu I-WEE —.......'...... . w **..-é**^.± '» t -w A 5 VOL. I.—NO. 13 . IDAHO CITY, BOISE COUNTY,'IDAHO TERRITORY: WEDNESDAY, JUNE 19 , 1867 . NEW SERIES.' frmi-iiVA «1 PUBLISHED WEDNESDAY AND SATlffiDAflVIOfiNINGS ....BY .. ; V I- X3E. BOWMAN cfe CO. - » » —x„" Masonic Building, : : : WaIl Street. terms : ! ! ; Invariably in Advance. RATES OF SUBSCRIPTION öne Year.........$16 OO i Three Months....$5 00 Six Months.... ... 0 Ö0 | Single'Copies'..: 50 Rates of Advertistn.gr One square, ten lines or less, one insertion,.. $ 5 00 , " " " each subsequent insertion, 2 00 One-eighth of a column; per "(Quarter..... 25 00 fourth *" " " " ......... 40 00 " third " " ««' *< '50 00 " half " " "' «* 60 00 One column, per quarter,..-.-.;. 100 00 Business cardB, 10 lines or leBS, three months, 10 00 gwffftSwM Cards, SCASTIXER & BUB.BÏESTER , A TTORNEYS AND'COUNSELORS AT LAW.— Will attend to légal business in all the Courts oi tue Territory. Prompt, attention given to collec tions. Office in Boise City. nltf. SAXMrâ. A. MERRITT, A ttorney and counselor at law. of flce on Harris street, between Main and Mont gomery, Idaho City. nltU J. B. ROSBOROUGH, A ttorney and counselor at law. ,of flce on Wall street, Idaho City. nltf. GEO. AINSL1E. K. E. FOOTE. AXZ78LZB 6l FOOTE, A ttorneys and counselors at'Law; ida ho City. Patents obtained for mining lodes, under act of Congress of July 26, 1866. Office —On Wall Htreet, 3 doors below C_ody's Exchange. nltf. CHAS. C. DUDLEY, TTORNEY AND COUNSELOR 'AT LAW', - PIO „ neer City, Idaho Territory. nltf. FRANK MILLER, A ttorney & counselor at law, idaho City, I. T. n 8 tf. J. L. BXcGOWlSnD* A ttorney-and cqunselor at law. of fice over Centerville Brewery, south side Wall street, Idaho City. 4 ®"All business entrusted to h'is ehre will meet immédiate attention, and prompt re mittances will be made. nltf. J. J. MAY; A ttorney and counselor at law. of fiee on Wall street, opposite and below J. W. Wood A Co.'s Storé, Idaho City, I. T. nltf. A. P. MITCHELL, M. D., E CLECTIC PHYSICIAN, SURGEON AND Ac coucheur. ÆS"Offlce ftt his residence on Buena Vista Bar, Bdisè County, I AT,, where he will be at ail times found when not professionally absent, nltf. rift. L. WILLIS, S URGEON DENTIST, OFFICE ON East side of Main street, the next dbor below the Post office, Idaho City. __ _ jSfg- Persons wishing first clasÿ'Work dom wtell to call. will do nltf. J. M. BETTS, ' P HYSICIAN, SURGEON AND ACCOUCHEUR.— Office one door below Fitzgerald's store. Res idence on High street,, in rear of office. [nltf. J AS. HEAL Y, M. D., P HYSICIAN AND SURGEON. OFFICE ON EAST side of Montgomery street, three doors above Wall, Idaho City! nltf. N FRED. W. BELL, OTARY PUBLIC AND CONVEYANCES. OFFICE on Wall street, Mäfio City. - .... ... pltf. R BVSNELL1NG, J USTICE OF* THE PE*ACE AN$ ATTORNEY AND Counselor at Law. Office on east siae of Main street, two doors above theUank Exchange Saloon, Idaho City. nltf. S. B. HODGDON, TUSTICE 0Ï 1 THE PEACE FOR LAST CHANCE Bar Precinct:'" Office at ttnrWarm Springs; resi dence, opposite the "Buena Vista Exchange" on Bu efia Vista Bar. • nltf. S rfigs and MUdinu'cs. CHIP-MAN'S DRUG STORE. BRICK BUILDING, Cor. Main anil Waft SU., " .t.I daho City. T his old .established Drug Store is fhépAsfâfit' receipt 6 Î fresh supplies of DRUGS*ôf - THE VERY BEST QÜAUTY; Also GENUINE PATENT MEDICINES,' Paints, Oilsy W indow Gläs§, Chemicals TOILET ARTICLES, PERFUMERY, <Êc., tèc.; Which will be all sold at thp lowest ^gtires for cash. N. B.—Physicians*- I'icescbiptio^s AocttfAtely Pbepabed. M* M. CHIPMAN, May 4, 1867. nltf Apothecary. MINERS' ' DRU&- STORE ! WALL STREET, IDAHO CITY. * J. B. & C. H. ATKINS, •,;;••••• PROPRIETORS. K EEP 'CONSTANTLY ON HAND ALL n kinds-of - Æ 2 A DRUGS, MEDIjGMES, GtlEMICALS, if PAINTS, PEBFÜMEBIES, Ac. nltf. Swriftits. T meets every Saturday evenintf art 7}j o' clock. Stated communications 'bn Saturday preceding full moon. All Masons in good standing are invited. By order Qf the W. M-_ ... nltf. I O. O. F.~PIONEER LODGE No. 1 9 hold their regular meetings in Odd. Fellows Hall, Main street, on Monday^ evening of each week at 1% o'clock. ' . Brethren in good standing are invited to.atr£na. ~ Ed. Phosnix, Sec. ■ • J. S. MANSFELD,* N. Q. • [nltf.] J. Pfooïz, V. GK ■ CASES COAL OIL For sale ut ~ BERNSTIEL's: ftotetë mt\ g^iaunmfef* ÔITŸ HOTEL, General Stage House, Montgomery st., in the rear of his old stand. EF'Fire-Proöf Safe in thé Office. nltf. L. H. BARBER, Proprietor. Poujade House, AND GENERAL STAGE OFFICE Corner Momtgomery and Commercial. HIS WELL 1 KNOWN HOTEL IS ALWAYS OPEN and ready for the accommodation of the public whom we will be happy to make as comfortable as possible. [nltf.] T. C. POUJADE, Prop'r T San- Francisco Êestaurant, L. Bàlich & Co., Proprietors, H ave rebuilt and re ' opened 'this well-khown establish ment on the same spot on the west side of Main street, two doors above Wall, where they will at all times he found ready tc Wait Upon their Customers, AT ALL HOURS OF THE DAY AND NICHT PARTIES WILL BE PROVIDED WITH MEALS On Short N otice I Idaho city, June 8th, 1867. nlOtf. THE FASHIOTORESTAURANT T HE PROPRIETOR OP the "Fashion-Restaurant" has re-' moved his''tables ' to the old " Boise* Marker," building;on northeast'corner'" of Main arid Commercial streets—one of the coblest locations in £he city. On SUNDAY, JUNE9th, he will be pre pared to serve as good board as can be obtained at any other place, and at the low price of $10 Per Week, in Advance. Single meais,' Bëventy-five cents. Come all ye that hunger and test the truth of what I say. June 5, '67.-n9tf. L. BENITAS, Propr. ISnETW HOTEL AT BUENA VISTA BAR. Mrs. Gallagher y Proprietress. T HIS WELL KNOWN AND VERY COM petent hostess has opened a Hotel in the building formerly known as "JETislier's Hotel, at Buena Vista Bar,_ and wili conduct liras ah ekCel lent, superior house. Terms Moderate—To Suit the Times. Buena Vista Bar, May 4, 1867. nltf. Buena Vista Bar, May 4, 1867. nltf. EMPIRE HOTEL. 13a.ii.es City,................Oregon! T his old and popular House has been recently enlarged by an addition of forty rooms, newly furnished. Good äc commodations for 300 gueâte, and thé'febles always supplied with the best the market affords. Steals, 50 Cts.—Lodgings, 50 Cts. Baggage takeh to the- lïéüâè' Free. Carriage in at tendance on arrival of boat?, free of chttrge for ladies and children. Large fire-pi*oof safe in the office and V°use open all night. THOMAS SMITH, Prdfe. May 4, 1867, mtf. OVERLAND HOUSE, Comer of Main and Eighth Streets, BOISE CITY, : Y: ; IDAHO. •T» W.'GRIFFIN & Co.,' Propfriètofrs. H aving purchased this popular establishment we are determ ined not to be excelled by „ANY HOTEL ON THE PACIFIC COASL The House has undergone thorough repairs, and the rooms are hard finished, painted and'generally refio vötfed ; and' thé proprietors flatter themselves that they "know how to keep a hotel," and will be glad to give all persons a chance to judge for themselves. Give jis a call and we will do our best to please. At this houffe"may be found the General Sta, UFFtgE'fqr Walla Walla, Umatilla, Salt Lake, Owyb! Idaho City, South Boise, Star City and Chico. v A large Safe is in the Office for the accommodation of persons wishing to deposit valuables. . nltf. CITY RESTAURANT! (Opposite Enoch Peyton's Saloon,) Main Street, : : : : Idaho City. A gain thjs well-known and fa- - vorite ^Boarding House is open, and ready for the v entertkinriifent of guests at prices to suit the'times. THREE MEALS A DAY, Of all that the markets of the season may afford, will àt all times be found upon the table, prepared in the mos t palatable manner. Price of Board, $10 Per^WeeliL. ~ «Itf. , e: GODFREY. MAYFLOWER EATINC SALOON! Montgomery streit, above Wall. C AROLINE DETTER THUSiN forms the public thaï ähe has open ed a FIRST CLASS EATPINISK 8ALOON And invites all Those - who are'*fond of good living to give her a call. The Bill oi' Fare is in the Saloon-? BRÉAKFAST HOURS, ............From 8 toll. DINNER " .......'...;. " A to 6 . Two b'r three meals a day.- as Boarders may require BOARD.....$IA PERSvEEK. nltf. BARNÜM RESTAURANT! (Second Door above Wall Street,) 'flMCftin Street, - - lâaho City. I S AGAIN READY FOR THE RECEP tion of guests at the newly furnished rooms on Main street, just above Chip man's Drug Store, where all that the mar ket affords will be furnishèd in the béât style of the country. Restaurant dpen until midnight'. ' SUPPERS FOR PARTIES PREPARED AS DIRECTED, on short notice. Give us a call. * REDON & CO. Idaho city, May 4, 1867. nltf. Just XLeceived \ P ER PACK TRAIN, very fine samples of Old G pVEBNHENT JAVA COFFFE; also COSÏÀ RlCA. al-tf. POWELL & COE. rjlO ABB-'YE, ON OR ABOUT MAY 10th, NAILS, X Shovtlß, tjiiicksüver, Paints and Oüs. • nltf." ' POWELL 4 U0E. Sri! ©ooils and Clothing. JU OPENED! 'by'. as will in at 3L.V IML O O FFOSr Cor. Main and Wabe' Streets, The finest, and best selected, 'afid latest styles qf Dry Goods and clothing ever, seen in this Teiv . ritory, at his established PIONEER STÖRE. This NEW STOCK IS THE MOST complete and extensive, and comprises the choicest assortment ofr LADIES' DRESS GOODS; consisting of the following latest styles : ' F*rincess IClizabetli; La U* on to it, Empress' Dressés, plain * Tibfeed, JPoj^iins, Äloliairs,' Robe's, ' fcsiHïT Basqtiines, Silks, of allkifids; LATEST MODISH PAR A S ÖLS, Ladies 7 and Children^ Ties, ÖAiters' and Shoes Of 8 an Francisco custom make, afid every dress ar ticle of Ladies' appareL Also, a fiile'assortment of Gents' Custom - Made Clothing, of the latest styles, Beavër and Cassimere Suits, SUMMER. & XT ITS, Fine Calf Boots and Shoes; Also—Ready made Hydraulic Hose, Lawrènce Duck; California afid Mexican Saddles, Croclvery, Grlasswa.ro, FANCY ARTICLES, GUM BOOTS 5 , Besides a thousand other things not mentioned here. I offer everything in my store at ldtv figures. Idaho City, May 5, 18fl7.-nltf. L. M- COHiV. Not to be Subdued! JL,, e m: n xj ex. H as rebuilt upon his lot and re-opened at the old stand, on Main street, where he wi,ll be glad to see all his former customers and everybody who wants to buy good clothes at cheap cash prices. He saved a large quantity of Clothing and Furnishing Goods, from the fire, in his fire-proof brick, cellar, and will sell'them off clieap to inaké room for the large lot of Elegant, fine and sen non able Gents' Dress . Clothing, Summet; Clothing, Furnishing (rbods, Hats, Caps, Boots, Shoes, §c. r 4 c., NOW ON THE WÆY » from San Francisco, and sooh to arrive. Idaho Idaho city, May 25,1867. n 6 tf. CENTERVILLE STORE! WHOLESALE & RETAIL. jUIHENEUC, KIDGE & CO., CON ! tipue at their established stand 1 ifl"Céhterville, and have lately received a full stock of General Mer chandise, comprising CjtGP O 1 -. Grroéeriëâ, Hardware, ,y i ^Miners' Outfits, Crockery and Glassware, Clothing, Boots and Shoes,-; Hats ahd Caps,'" and everything required iu_ an, inte rior 8 t-Jre. ' We sell cheaply and givq sät fafction. Come and look at our ' stock knd be satisfied. Centerville, May 4 , 1867. nltf. NEW STORE ! < NEW GOODS ! M, WUNSCH & CO., Two doors Above Graf db Kimmel's' Jewelry Store, IDAHO ClT Y , O FFER*' FOR SALE A- GENERAL assortment of BJBAL1T - 2YZADXU 0LOTHX2XFG : Süch As—i50 doz. heavy Cassimere and Beaver pants, coats, cloaks and vests; 22 doz. duck pants; 25 doz. overalls; 51) doz. Oregon' aoèkS; 5G 6 Ü doz. Shaker socks; 25 doz/overshirts ; HATS, CAP|,; BOOTS; 50 doz. Shaker and Méfino T7t S. <fo D.'gîoVesA00,00ft Cigars and 2,000 pounds of Tobacco. W e sell very Eow! nltf. POWELL & COEj STORAGE AND COMMISSION MERCHANTS, AND WHOLESALE AND RETAIL O JEt OC-'E 1* FIRE-PROOF BRICK WAREHOUSE,' COR. MAIN & WALLULA STS., : : : : IDAHO CITY. —- 1 —o—! Prompt Attention given to the purchase, sale, afid storage of PROVISIONS, PRODUCE' And Merchandise Generally. Ity Liberal cash advances' made on Consign^ merits., . my4-nltf .* JOHN R. FOSTER& CO., FORWARDING 4' COMMISSION MERCHANTS, Umatilla,'-'- - - - - - - Oregon. n. 0 O F S ^EOËIVED AND F0R i/X ' warded tc all parts of the mines in Oregon; Idaho, ând Owÿhèë.'and all the business connected with the Forwarding <£nd Commission business will be promptly attended to. Consiftmvents' of Goods Solicited. ■ , .T^felerencess' Jacob' Ünderhili'Ä Co., I Allen & Lewis, Geo."C. Johnson k Co., | Portland.' San Francisco. Mark Goods, Care of J. R. F., Umatilla. Umatilla, May 1, 1861 ' nltf. ' ' , IIURDY GURDY DECISION. At Chambebs.— Chief Justice McBride— U. ' S.- Dis i taict Court for the Second Judicial District of the -- Territory of Idaho, j'ohn Swartz,' plaintiff, vs. J. Crutcher, Sheriff, defendant. The facts of this case are as follows:- The plaintiff is the keeper of a public dance house, or "hurdy guxdy," as defined by the statutes of the Territory is a' resident of Boise county and doing business Idaho City. By the statutes of this Territory^ [see JEtev. Laws 4th session, page 173] a license tax is im posed upon the class of persons, of whom plaintiff one, of four dollars per day, and no license shall issue for a less time than ten days, and the Tax Col léctor ia authorized to make distraint of property for the payment ot said license, in case the keeper kny such hôusé refuse to take out license as required by law. Thus stood the Revenue law of 1864. In December, 1866, a law was passed by the legis lative assembly of this Territory]- ahd approved by the Governor, which repealed so much of the act above referred to as conflicts with'its provisions; and ßnacts that after the first Mouddy .of'March, 18G7, the license tax on each hurdy gurdy or dance house shall be at the rate of two dollars and * fifty cents per day, for each girl employed in such house: except that in the city of Lewiston, in the county of Nez Perce, the existing law shall remain unchanged, and that in the county of Idaho the rate of the license tax shall be one dollar and fifty cents, 'fo? each female employed. It also provides that in the last mentioned place the proceeds of all such license shall go into the Forty five pter cent Fund, and that in all other places affect ed by the law the county, portion of the proceeds of süch' license shall bb equally divided' between the Uoufity School Fund and the Forty-five per cent Fund. It further proyides that any keeper of a daiice house who shall fail of neglect to secure a license as re quired by. the Act shall be punished by fine, on con viction of tfie same, in any sum not less than one nor more than two thousand dollars, and imprison ment not less than three months nor more than one year, kh'ff requiring the Sheriff to prosecute, and in flicting a penalty of five hundred dollars in case of his neglect so to do. In obedience to this laV'the Sheriff, who'iä ex-officio Collector-of. licenses, Remanded the license of two dollars and fifty cents pet day for each ""hurdy gurdy pr dancing girl employed in plaintiff's: house ; the "ilaintifl refused to pay the same, whereupon the hëriff thrèatened'to prosecute the plaintiff as pro vided by the law^ and tjje counsel. qf the respective parties having agreed to a statemen t of facts, the case is submitted, to the Court by consent, for the purpose of determining the validity of the said statute of 1866 —reserving'the'right to appeaflo the Supreme Court by either of the parties. The case was elaborately argued by Frank Müler, Esq., for the plaintiff,'and by' District Attorney May, and R. E. Foote, Esq., for the defendant. After taking the casé uftäer advisement, thé fol lowing decision was rendered by Chief Justice McBride : The case presents but one vital question—ihe Oth ers are merely incidental. The plaintiff insists that the Act of 1866 is void : 1st. Because it is unjust, ex tortionate and oppressive. 2d. Because it is not uni form, and, 3d. That it combines in one Act civil and criminal 'proceedings against any'one who fails to comply with its provision^. The defendant argued that the first objection was one that could not be properly addressed to the judi cial department—that if it were true, the remedy is with the legislature, and that no law could be an nulled by the judiciary on the ground that it was un wise or even oppressive. To the second objection, the defendant insisted that the provision in the Constitution of the United States, that all duties, imports and excises shall be uniform, does not bind the Territorial Legislature— that it is a limitation on ths power of Congress, but not upon the States, or the'legislative power of or ganized Territories. As to the third objection, that it constituted no reason for ifivalidating'an Act, that it combined in its provisions methods oi proceeding which were both civü and criifihial.' It was also insisted that if the legislature possessed authority to enact some portions of the law, that such provision*) should be upheld although portion s'of the Act be authority. This statute is in many respects a very singular one. The first five sections are devoted to prescrib ing the amount of the tax or license, tie manner of collecting, by- whom, and to what funds it shall be ap propriated. The sixth section provides the penalty qf'fine and imprisonment upon an offender on convic tion. The seventh section requires the Sheriff (the collector ?) to prosecute the suit contemplated by this act [none is provided for in the act] arid ü' hé fails or neglects to prosecute, he forfeits the sum of $500. The eighth section repeals all laws in conflict with the provisions of this act, and contains two provisons, saving the city of Lewiston from its efi'ect, and modi fying the tax or license to one ddlla'r and 'fitly cents in Idaho county. That it is inartificially and bung linglÿ drawn, is apparent to the feösf casual examina tion. The provisions imposing the* license tax, pro viding for its collection, and the purposes to which it shall be applied are sufficiently simple and plain. The sixth section, though somewhat obscure by the use of the term "suit" instead of prosecution or in dictment, is perhaps sufficiently clear to know what was intended. Tbé seventh section is certainly an absurdity. It requires a suit to be brought "as provided in that sectioh"—when none is 1 provided; it requires "suit" as ' 'contemplated 'by the Act"—which can only mean a prosecution for a criminal offense; and the person who drew thé act Seemed to have no per ception of the legal distinction between a civil pro ceeding, by suit at law, and a criminal prosecution, to punish by fine and imprisonment The act seems to nie' to be so hopelessly lame in these two sections, that Shy-attempt to enforce them would be utterly Y^in.- If the Sheriff should bring a "suit" to en force the fine and imprisonment provided by the act, the offender would claim thé benefit of afi indictment , „by a Grand Jury of his peers, and all the benefits of' the criminal law—and suéh' a ci vü prôceeding must fail. If he were indicteg he would claim that thé statute directed the Sheriff' to proceed by "suit."' So that it seems the' act has by its own confusion of terms aud proceedings, comxrletely neutralized itself. What the legislature intended to do is clear enough, \>ut the means which it has provided cannot be ap plied by any Court. The Court cannot sentence an offended to tine and imprisonm'ent without afi indict inent and öönviction, while this act provides that it shall be only try a'suit. J 1 can conceive of no waypf giving effect to these jetions of this act. This much by way of observa tion upon the form of the act in question, j I now proceed to exânyhe the objections of the plaintiff in the order in which they are presented. ) The plaintiff urges that this act is void because it if extortionate and oppressive. , This is a question of fact and not of'law. I do not know that the license required is a high or low li cense. Tffé amount of a tax is a subject of legislative discretion. ' To the tax-payer, taxes always seem high, but whethea the. legislature have exceeded the just rate of ndî, fo fiêver a subject for judicial review. Whatever tax the citizen pays is imposed by himself, through his legislative agents, and the remedy is in his hands—not in that of any court. , It is true that * tax may be so manifestly invidious, unequal, and violative of the' fondamental principles of taxation, âë tojreqmré the intervention ofthe ju diciary; but that caq never be"on the simple ground that it is unjust afiff oppriïssivé. When it Ts ' inc'on sisteyt^with som è~ guaranteed fundamental right of the citizen, it may be set aside to prevent oppression, but only in some suéh eitreme case, afid I do' not per ceive this to be one/ ^This^disposes of the authorities cited in the Pacific "LAV* Magazine (the Utah case) and the reference, to the'case'of the People vs. Cole man, 4th Cal. Rep. 56. " , ' The second ôhjection of the plaintiff to thié act, is that it violates the provision of the 8 th section of the Cohstitution ö'f the United States, which says, that " ail duties, imposts and excisés shaü .be' uniform througnout the United States.'" I think this section is a limitation upon the power of Congress; and as the legislative power ot this Territory is wholly by a grant ïroin Congress, conveyed in ' the brganic act of I. this Territory, (Sec. 6 ,) I think it equally applicrtle to the Legislative Assembly which enacted tffis law It has been decided as contended by the .defendants' that the limitation of the Constitution upoff Congress' did not apply to the States. Barron. x vs. Mayor and City Council of Baltimore, 7 Peters' Rep. 2.43 ; Living ston vs. Mayor of New York, 8 Wendell, 83; But there js a wide distinction between the .pqweys of a State Legislature deriving its authority from the people'of the State, and the Legislature of a Territory deriving its powers, not from the people of the Territory, but from the act of Congress, organizing the Territory. The former are not bound by the limitations iD the C onstitution qf the United^fa^; the latter, are bound by those limitations, because the body which creates the Territorial Legislature, ' to wit: Congress, is bound by tffem. . . Congress have organized a Legislative Assembly tor Idaho, .with authority to provide all rightful local legislation; among which the right to lay and coüect î^ xe ? 18 clearly givpfi ; hiit as Congress cannot, under he Constitution,^ lay duties,,, imposts and excises in any other way than by a uniform rule, neither can its creature, and any attempt to do so is void. In the case ot Loughborough vs. Blake, 5 Wheaton 317 it was 4ireqtly decided that Congress ha( j the power of taxing the people of the District of Columbia and the Territories of the United States, .subject,, only to tjie limitation above quoted, that tfie ta 3 es should be laid m conformity to the rule of uniformity prescribed in the Constitution. As Congress, through its agent, the Legislature of this Territory, "have undertaken to exercise this right qf taxation herfr, it must be done by the same rule which Congress itself should haye adopted in the exercise of the pbwèr primarily. Sub ject tq.thjs limitation, tfie p3wer\of the Legislative Assembly of this Territory'to lay and coüect taxes is as complete as the power of a State, and that has »0 ! limit, except discretion, and the limitations of the State^Com^itiffion. . , That the Legislature had the power to enact a law requiring the description of \ persons represented by this plaintiff, to pay a license of two doUars and üftv cents pef day for each female employed I do not doubt; .but su,ch a tax-ipfipt be uniform. If such a tax were imposed by t a municipal corporation for po lice or municipal purposes, although confined to a Sm ^ 1 f 1 loc ^ lty . ln the Territory, it might perhaps be upheld. But the present tax is not uniform for it is a measure of revenue, and is divided between the county and Territory as all other license taxes are, '* and it compels those persons who reside outside of Idaho county, and the City of Lewiston in Nez Perce . county, to pay more than double the tax for pursuing ' the business licensed in this act, which is paid in those localities. If the legislative assembly can say -, that a resident of Boise, county shall pay a tax 1 er selling goods of five per cent, while the resident of . Idaho county shall ,pay but two, it may exempt the lattqr altogether, and if a sufficient number of the members from other counties could "combine, they migfo impose the whole buçdeu of maintaining the locaU government upon thé inhabitants of a single county. No such doctrinen'can be maintained. The Legislature have an undoubted right to tax trades and professions, but they cannot discriminate be tween persons or localities. Those taxed, must he ' taxed equaUy, and in the case of the People vs. Cole- " man, 4th Cal. 56, Chief, Justice Murray, while aflirm mg tnat absoute uniformity, waç a utopian idea, and that a tax on auctioneers of foreign goods, by wav of a liaense.tejieii, was valid, declared " that if the'Le gislature should pass an act designedly operating une qually, or if a want of uniformity was apparent upon its face, it would be the duty of the Court to interpose * and prevent the commission of so grave an injustice." . Here is an act "designed to operate unequaUy;" «• its want of uniformity " is apparent upon its face," and to uphold such a statute would be giving effect to a principle subversive of aU justice and fairness in ' imposing taxes tor the support of the government. » There is no similarity between this case and that of laying a special tax in a particular locality, for the > benefit ot the locality so taxed. It is not intended for the benefit ot the locality which bears the higher rate ot taxes, but the taxes are eölleeted, arid a part paid into the Territorial Treasury for general purposes; and it is therefore a revenue méasure, and cannot be considered in any other light. The attempt to give it the character ot a police or criminal statute, is such an utter failure, that it leaves the act iu its paked deformity as a-revenue measure utterly with of of it utterly out support." Suppose the Legislature had required of every law yer located, in Boise County, a license tax of fifty dol lars pq^ annum, and imposed a tax.of, twenty dollars on lawyers located in the town of Lewiston—would any one pretend that. such, a tax was uniform ? .It could not be claiqaed. Yet this is fche case before us. The pröprietor of at certain busifihss in Lewiston pays - a tax ot tour dollars per day, whqre he employs fopr persons ; another man follows the same business in ' Boise County, and employs the same number of per sons, and is / equired to pay ten doUars. I think its . violation of the fundamental law too manifest for dispute. t d The'third objection taken to the'act, that it cofii binés » criminal statute with a civil one,would not be fatal if it were true. The faultiof tffc act is, that it attempts to punish an ofrênëe bya civil process. It declare? wliat shaü cffpstitpte the crime and what shaU be- the punishment, but confines the means to a ' suit," at law. which is' not a process adapted to j process adapted the purpose. These provisions must therefore fail for want of vitality. I]he conclusion to which I have arrived, is, that the act is invalid for the reasons a«- „ signed, and that the law existing pripr to the passage of the act of December, 1866, is the omy'one now in force relating to hurdy gurdy or dance houses. I regret to be compeUed to make this decision, but when the duty of the Judge is plain, and he is called upon to decide between the binding force of the fun damental law of the land, and a local enactment which is in conflict with it, hesitation would be discrédita- > ble. I shaü therefore enter judgment for plaintiff With costs. 1 Préntice's Position. —The Louisville Journal, in chfonicling'the' recent splendid Démocratie triuinph in Kentucky, says ; With thè Kcntuçjty vote we send a, glad greeting to the Northern Democracy. We have lulJy redeemed 'all our promises to them. We stand proudly beside them. We behold them struggling in a minority,- but it is no hdpeless struggle. W e see them gaining upon •' their opponents, making brave headway against them, r . and a confident belief takes possession of our minds that their trfumph is not far off. The people of the South see, in the result of qur electiqiqä, the Jiesjt evi dence that we are resolved to vindicate and sustain their cause to the extent of. our utmost power. We condemn all the atrocious wrongs practicèd toward the South by Congress, and will right them if ever God shaü give ns strength and an opportunity to acfiieve so holy a purpose. From Boise City. —A copy-of yesterday morning's Statesman was brought to us by tlie driver of the Opposition line early in the af- ~ ter noon, and from it we glean thé following : The County Commissioners have ordered " Isaac Flowers and Ezekial Litëll, both lima- ' ties, to be képt in the county jail until 1 other provision can be made for them, at Portland, or elsewhere. Litell is the insaim man who killed his own father laist r winter near Boise City. ^ NeW hay has been 'brought into Boise City. The corner stone of the new Masonic Hajl will be laid in* Boise City on. Monday next, with appropriate ceremonies. T. N. Smith, '. Esq ; is to içlelivér the address. A meeting was held in Boise City, June 14th, ' to organize a Jockey Club. An adjourned méetiii'g for the same purpose is to be held this' évening. >• - - IN New York City, on the 1st of May, the Rev. Daniel S. Tuttle was consecrated as the Protestant Episcop:ri Bishop of MontffBtf/ '