Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1885-02-13

and all at once, quit work unless they
get certain rate of wages, it is legal.
But if this organization agrees or con-
spires to prevent, "with force and
arms" a single man from working on
any mine for any wages which he
pleases, then it is not legal This
forced stoppage of men is what we
charge, your Honor; and this is the
point which the defense seeks to evade.
We charge that, by force and arms,
these defendants have stopped the
world from working in these mines
not one mai. or two men, but the
whole world. The defense attempted
to make us attack the Miners Unicn.
We don't wish to attack that organi-
cation. The complaint is against the
men who have conspired by force and
arms, to prevent work from being
prosecuted in these mines. That was
an overt act, and that is what we COM
plain of. 1t is next door to criminal
for attorneys to come here, in the in
famed state of public feeling, and
make incendiary speeches.
A recess was tax en- for one hour
REP.
AFTER RECESS.
District Attorney Huick continued
the argument for tho prosecution, in
opposition to the demurrer. He had
hardly expected to be called upon to
argue this question upon technical
objection. And although such de-
murrcr as had been filed in this case
was not contemplated by, or in accor-
dance with, our statutes. Under our
statutes demurrer to u complaint be-
fore committing magistrate is not
admis ble-has hitherto been unheard
of. If, even after the preliminary ex.
animation, it were found that the
oifense charged in the complaint had
not been committed, but that some
other oFense had: it would be the
dltv of this court to hold the defend
ants to appear before the Grand Jury.
The gentleman dared the counsel for
the defense to quote the section OF
the statutes upon which they based
their demurrer, or their right to file a
demurrer to e complaint before a com
hitting magistrate.
Mr.. Angel, for the defense, said
they had right under the statute, te
advance, at any time, the statement
that the complaint did not state sui
Gclent facts to constitute a cause fol
action.
Mr.. Ruick resumed: Proceeding!
before committing magistrate are
entirely different from proceedings il
District Courts. AS to the aIlegel
mis- ioindet of causes Of action, coun
sci believed it was permissible to al
lege, in complaint charging con
spiracy, facts or intent Of acts that, i
carried out, would constitute sevara
charges or counts of an Indictment
He did not deem it necessary to fur
cher argue the validity Of the com
plant, aud thus unnecessarily consum
time. The complaint alleged con
spiracy-a combination--to maintai
Il rate of wages by force and arms.
had been said here that this was
, blow aimed at the Miners l'nior
, God forbid that the strong arm of tn
, law should ever lie invoked to crus
any organization Of workingmen seel
+ ing to secure far wages for a ia
| days work. The people did not c,
pect anything of that kind.
udye Waters followed Mr.. Rule
/ for the defense. What was the cou
t sitting here for? 1t was sitting hel
$ in judicial capacity. 1t was passln
0 upon the judicial guilt or innocene
>, of the men brought before it. II, the
t this was a judicial prcceedin
e the defense invoked nothing but
J. judicial determination. They aske
n not to be compelled to stay here,
e this attitude, by an illega! complain
e This is no idle farce, but within Il
p complaint rests the guilt or iur ocers
J. OF the defendants, founded upon Il
1t laws under which we live. The 1
l. Tense challenged the prosecution
j. prove the sufliciency or legality
t. the complaint. If the complaint is n