Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1891-12-01

ter for williams. soliciting Illegal entries
upon timber lands, acted in the capac-
itv of a clerk. However, IL was upon |
this testimony that Williams was re
leased on the preliminary hearing. lie |
then put up $3.50 cash bail for appear
ance on other charges, which he has
forfeited for failure TO appear. The
general belief is that he fled TO British !
Columbia.
The attorneys in the Spokane bond
case have filed a stipulation in the SUI
preme Court for dismissal of the APP |
peal. The suit was a friendly one,
brought in the hope that the Supreme
Court would uphold the Legality OF the
steps taken to issue bonds by the city oil
Spokane to the amount OF 81 ,200,0 oil
which sum $500, 900 was proposed to be
used in the extension of the city water
works. The question in the case was
whether an indebtedness could be in
Cured for water-works purposes before
the City Council had by ordinance
adopted a system and the question OF
approving such system had been sub
mitted to the electors Of the city. The
case was argued about n month ago. 1t
IL understood that the parties consented
to dismissal, because they believed that
the court would decide against the va
iidity OF the bonds.
A peremptory writ OF mandamus has
been issued to Judge Sachs OF the JET
ferson Superior Court, commanding
him TO fix the amount OF bond for a
stay OF proceedings, pending appeal, in
the case Of Bailey vs.. Smith. In the
Superior Court, judgment of custer from
the office of school district clerk was
rendered in favor OF the plaintiff, and
defendant gave notice OF appeal. Judge
Sachs refused to fix the amount OF the
stay bond, for the reason that in his
opinion there is no law in this State
provi ing for stay Of proceeding pend
! ing an appeal in the case OF the usurpa-
ton Of an office and Judgment OF custer.
The Supreme Court holds that Smith
has Fight TO file such a bond, and
orders Judge Sachs TO fix the amount.
/ The court does not decide whether the
fling of STAY bond would entitle
| Smith to rein mt in oftce. The
opinion is by Che. ~stice Anders.
Governor Ferry has approved the
findings OF the Haines court-martial.
A general order has been prepared and
will be Issued at once, announcing the
action OF the Governor. The court
martial ruled against Colonel Haines
On three OF his pleas. but sustained the
fourth, which contended that the old
rules and regulations OF the National
Guard were abrogated by the repeating
clause of the new militia law, and that
therefore, there were no existing rules
for the government OF courts martial
and no penalties provided. The cour
oyerruled the plea that as the accused
was not in uniform, and not on military
duty at the time of the offense, he wa
not amenable to military law. The gen
eral order to be issued on the subject
sets forth the order converting the court
the ch ,rges and specifications, TIN
meeting OF the court, plea OF the &C
cused, the findings Of the court and TIN
approval OF the Governor.
The Supreme Court, in an opinion q
Judge Hoyt, decided an important ques
ton relating TO the jurisdiction Of Su
J perior Courts the other day in tn
! mandamus proceedings against judy
Hunter, brought on the relation OF X
. n. Shannon 4 Co. to compel the judy
e to proceed with trial of n case in Levi
4 county,, in which the sum sued for
less than 800. Superior Ju lges hay
, held both ways on the question involved
and it has been perplexing one
attorneys. Judge Hunter, in his re
q turn to the alternative writ issued b
q the Supreme Court, set up that e,
. elusive jurisdiction of actions in whic
!, the amount in controversy does not es
!, coed Slo0 is vested in Justices courts
The Supreme Court decides that I'll
jurisdiction of Justices courts are NJ
" exclusive, but concurrent, and tht
r. suits may he brought in Superior Cour
n for amounts less than 800. Jud,
= Hunter Ia ordered TO set aside his judd
is ment OF dismissal and proceed wit
h the case. The court holds that mai
20 damus ia the proper proceeding
which to bring cases Of this character
is the Supreme Court.
/, The Land Commission is perplexed |
~ the problem of raising funds for NEE
II ing the expenses OF the contests while
~ have been filed against some of its =
4. lections OF Whatcom-county lands mat
II under the granting act of Congre
and those of other contests which II
likely to be Instituted against selection
q to be made hereafter. Paul de Herr
IL who represents the Attorney General
le the land cases in the Seattle distrit
te procuring the attendance of witness
u and taking testimony the cases are like
10 to go by default. No appropriation ha
w ing been made for the purpose, no fun
IL are available. Governor Ferry hol
that the State cannot be Invested of al
e. rights by reason OF any adverse acti,
ne taken by the local land office in case Il
Mt State should not be represented at b
A. contest trials. The State occupies d
nd terent position from that Of an indivi
AT ual claimant, he says, and while 1t W
ne be well to fight the contest in the lal
ia office, If funds can be provided, still
AT non-appearance will not preclude t
ed State from asserting its rights later
the courts il the decision should
against 1t in the Land Department.
X, Senator Forrest was seen in regard
rk the alleged conversation said TO ha
list taken place between himself and Nels
e, Bennett recently on the west bou1
be train, and which was published in t
ON spokane Spokesman and republished
ne the Tacoma Morning Giobe under /
il heading, "Bennett Declares Himself
er Mr.. Forrest read the account as pu
ished through carefully, and the
-. laughing heartily, said: THE VIII,
- article is false every particular, wi
" the exception that Mr.. Bennett board
II the west-bound train, on which ! wa
lu passenger, at Drummond, Mont, a
va we rode through TO the Sound in
20 came car. We tails ed politics and mi
g ny in about eqnnl proportions and il
general way. Had | supposed tn,