Bothwell v. Bingham County
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Biugham County. Hon. James M. Stevens, Judge. ‘ Action to enjoin the collection of taxes levied against certain lands. Judgment for the defendant. Plaintiff appeals. The federal Carey act expressly gránted to the state the right to create a lien for the “necessary expenses of reclamation.” Such specific expression of a direct grant prohibits the state from imposing any other lien whatever upon said lands.
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APPEAL from the District Court of the Sixth Judicial District for Biugham County. Hon. James M. Stevens, Judge. ‘ Action to enjoin the collection of taxes levied against certain lands. Judgment for the defendant. Plaintiff appeals. The federal Carey act expressly gránted to the state the right to create a lien for the “necessary expenses of reclamation.” Such specific expression of a direct grant prohibits the state from imposing any other lien whatever upon said lands. (Johnson v. So. Pacific Go., 117 Fed. 462, 54 C. C. A. 508; United States v. Thurston Go., 143 Fed. 287, 74 C. C. A. 425.)…
1Opinion of the CourtAilshie, C. J.
This action involves the right of the county to collect taxes against lands taken under what is commonly known as the Carey act. Under the provisions of the Carey act (28 Stats, at Large, p. 422, 6 Fed. Stats. Ann., p. 397, Comp. Stats. 1901, p. 1554), the Secretary of the Interior, with the approval of the President, was authorized to contract with a state wherein desert land was situated, binding the United States to donate and patent to the state free of costs such desert lands not exceeding one million acres within the state as the state might cause to be “irrigated, reclaimed, occupied,…
2Cases cited5 opinions
- Railway Co. v. PrescottSupreme Court of the United States · 1873
- Hussman v. DurhamSupreme Court of the United States · 1897
- Johnson v. Crook CountyOregon Supreme Court · 1909
- United States v. Southern Oregon Co.U.S. Circuit Court for the District of Oregon · 1912
- Mariner v. Oconto Land Co.Wisconsin Supreme Court · 1910
3Cited by9 opinions
- Reno v. RichardsIdaho Supreme Court · 1918
- State Water Conservation Board v. EnkingIdaho Supreme Court · 1936
- Cheney v. Minidoka CountyIdaho Supreme Court · 1914
- Bothwell v. Bingham CountySupreme Court of the United States · 1915
- Leney v. Twin Falls CountyIdaho Supreme Court · 1925
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