Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-04-05
RATHoRuM's NOTED CASE AGAIN
Corporate Existence Of Occur dAlene
Had q Close Call


Rnthdrum, Idaho. March 2s.-Legal OBJ
iectIons TO evidence sought to be intro
duced by the attorneys for the defend
ant In the Rechtel case today came near
knocking out not only the ordinance OF
the town of Occur d'Alene. but the cor
porate existence of the town Itself. Oniy
the fact that man was being tried TOT
an alleged offense. who, in his acts, was
working under the authority of the town
and its ordinances, possibly prevented
the court from rendering decision
which would have practically been to
the effect that the town was not legally
incorporated.
The question which came up this morn
ing when court convened was as to
whether or not an offense had been com
mtted by the prosecuting witness, as al
legged in a copy of the complaint, which
the defense sought to Introduce, under
the ordinance of the town. The court had
instructed the defense to produce the or
dinance and when this was offered as
evidence the state objected and demand
ed proof OF the town councils authority
to pass such ordinance. This brought up
the question of the legality of the town 5
Incorporation. The records of the COM
mIssioners' court were produced and they
showed that in 1889 the commissioners
gave an order for such Incorporation, but
did not show upon what authority. On
its face the ordinance gave no evidence
of ever having been passed and pub
lished, and after hours of argument the
court ruled 1t out. Thereupon the de-
Tense offered in evidence the ordinance
book containing the ordinance upon
which the complaint was based, and
which relates TO persons tearing down
pounds and interfering with the pound
master, but this too gave no evidence of
having been passed and was not even
dated. The court was about to rule the
whole out when the defense produced the
minute book. which contained a record
Of the passage of that certain ordinance
The argument which was heated. lasted
until late, when the court ruled admit
ting the validity of the ordinance at the
same tome allowing 1t to be introduced
as evidence.
A CLOSE CALL.
In his ruling Judge Mayhem severely
reprmanded the old officials of the town
for the slipshod manner in which they
kept their records, saying that even this,
a civil case, involving the people of the
municipality in a money interest, ana
not where an individual was being tried
for criminal offense. which individual
he could not deprive of his rights, ne
would have no hesitancy in holding the
ordinance nun and void for ali the rea-
sons advanced by the state in It's objec-
lions.
Another stormy argument followed the
attempt to introduce the complaint but
the court admitted the same When the
defense again attempted to introduce the
warrant upon which Bechtel arrested
Mrs. kerchival, and which was ruled out
yesterday, the state objected and this
was yet undecided when court adjourned
at 5 O'Clock
The object of these papers Is to show
that Bechtel acted under authority In
forcbly taking Mrs. Kerchival, and the
prosecutions only hope of conviction
would seem to be in disIlantling the
officer of this authority. as they have
now heen fighting ON purely technical
grounds for more than two days. That
Bechtel acted altogether within the scope
Of his authority seems to be the general
opinion. Both the court and jury are
getting extremely tired, as are also the
people in seeing their money frittered
away in this senseless manner. but there
would seem to be no limit to the endur-
ance of the attorneys.
The case will be taken UP again at $50
tomorrow morning, and will probably go
TO the jury not later than tomorrow
night.