State Ex Rel. Botkin v. Welsh

This is an original proceeding instituted in this court upon an order to show cause procured by the relator in behalf of himself and all others similarly situated seeking to determine the constitutionality of chapter 184, Laws 1933, commonly spoken of as the Gross Income Tax Law. At the outset defendants, while conceding that this court has jurisdiction if it sees fit to exercise the same, urge nevertheless that this court should in its discretion refuse to entertain the matter and dismiss the proceeding. In just what cases and under just what circumstances a court, primarily appellate,…