was in contravention of the constitution, but a chance existed that the courts might be made cats
legalize the transaction, by bringing it before them without displaying
revealing the "colored gentleman in the wood pile;" accordingly a friendly
suit was instituted in the district court of Ada county to mandamus the state auditor and require him to draw
a warrant on the general fund for $90,396.00. An alternative writ
issued. A motion to quash was
ruled, and appellant declined to plead
further. Thereupon the trial court
filed its findings of fact and conclusions of law and entered judgment,
directing that the writ issue, from
which decision an appeal was taken
to the supreme court of Idaho but
from the failure of the appellant to
file a brief, and the case being submitted without submitting the prohibatory sections of the constitution,
the public cannot believe otherwise
than that it was intended that the
state should lose 9,667 acres of land
upon which it has already expended
for reclamation purposes $61,202.35,
and that the taxpayers should be required to pay an additional tax of
$96,670. Fortunately the attention of
James E. Babb, the well known attorney of Lewiston, was called to this
transaction, and he on his own motion, and at his own expense intervened, and filed a brief in defense of
the state; and again the citizens of
Idaho are fortunate in having judges
upon the supreme bench who can read
and interpret the constitution; men
who are conscientious in the performance of their duty, however, a
final decision was not reached in time
to prevent levying a tax to meet the
appropriation and the taxpayers have
been required to  Pay that additional burden. 