Bothwell v. Bingham County
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts, which involve the. construction of the Carey Act of August 18, 1894, and the right of the State to tax property taken up thereunder by an entryman after he had become entitled to the patent, but before the patent was issued, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO. The facts, which involve the. construction of the Carey Act of August 18, 1894, and the right of the State to tax property taken up thereunder by an entryman after he had become entitled to the patent, but before the patent was issued, are stated in the opinion. Section 4, Article 7, of the constitution of the State of Idaho, provides: that'the property of the United States, the State, counties, towns, cities and other municipal corporations, and public libraries, shall be exempt from taxation. This constitutional provision but affirms the law…
1Opinion of the CourtJustice Van Devanter
This was a suit to enjoin a proposed sale for taxes of 150 acres of land in Idaho acquired under the Carey Act of August 18,1894, § 4, c. 301, 28 Stat. 422, and the amenda tory acts of June 11, 1896, c. 420, 29 Stat. 434, and March 3, 1901, § 3,. c. 853, 31 Stat. 1188, the objection urged against the sale being that the proceedings for the acquisition of the title had not at the time of the tax assessment reached the point where the land could be taxed by the State. At a hearing upon an agreed statement of facts the defendants prevailed and the Supreme Court of the State affirmed the…
2Cases cited7 opinions
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