The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-17

fishing Democratic daily paper in Boise.
Governor SEeunenberg is understood to
be interested in the move, and as he is
an old newspaper man he is very likely to
succeed in giving the party central
organ. The Democrats have long felt the
need of distinct state paper. and they
realize the place for it is in Boise, where
II would be in direct touch with the party
leaders and next door to the chief organ
OF the common enemy.
4 NOTED CRIMINAL CASE.
One of the most interesting criminal
cases in the history of the state is that
OF Jack Davis, alias Diamondviile Jack
who Is Under sentence to hang for the
murder IL CaSSi2 county OF two sheep
| herders, Wilson and Cummings, on or
about Feb. !, 1896. Only ordinary import
ance would attach TO the case were 1t
not for the fact that back OF the prose-
cution stands the sheep men of that
county. and for that matter of the state
while behind Davis is the cattle men, two
wealthy and influential combinations.
Each Is determined. the one that Davis
shall swing, the other that he shall go
free. To each much depends on the out
come OF the case. for il Davis hangs the
sheep men will control in future, and if
he goes free the owners of hocks fear il
Will be next to impossible to Craze their
herds on the broad ranges OF the state
without placing a Gordon of armed men
about each band Thousands of dollars
have already been expended on each side
some of the aDleSt legal talent of Idaho
and Utah having been engaged, and there
Is no end of money for continuation of
the contest. AS the case now stands, the
trial judge has overruled the motion for
q new trial and the case now goes to
the supreme court, the appeal acting as
a stay Of execution
No more elaborate preparations were ev-
er made in the prosecution and defense Of
criminal case in this state than charac
teriZed the battle over the motion for q
new trial. Stacks of affidavits were secur-
ed, hundreds of dollars being expended in
the work, III winch q small army OF law
yers were engaged. The prosecution scour-
ed Idaho and Nevada Tor affidaVits. and
the defense, as far as possible, went over
the same ground for counter-statements
In this contest the defense made q most
novel proposal to the prosecution. it being
tantamount 10 a challenge. On the trial
OF the case the route OF Diamondfield Jack
to and rom the scene Of the murder was
Traced but the defense claimed he could
not possibly nave made the ride in the
time given When the question of the
motion for a new trial came up. they pre-
scented q challenge to the prosecution,
proposing that men make the ride over
the alleged route taken by Davis If ne
cessary. the same horses claimed to have
been ridden by Davis would be furnished
for the ride, and the prosecution could Sc
lect its own rider or riders and the judges
for the occasion The defense expressed
a willingness to stake the life of their
prisoner on the result of the ride, and had
the prosecution not rejected the proposal
the ride would have been one of the most
interesting events ever recorded in the
criminal annals OF Idaho.
AGAINST LOAN COMPANIES.
The supreme court has rendered several
decisions lately that have created havoc
among the loan companies doing business
in the state The court has held that
some Of the companies charged usurious
interest and have invalidated the mort
cages in so far as the interest is concern
ed This VIII result in heavy losses TO
the loan companies one OF the cOmpa-
MES doing business IN this state is the
Western Loan q Savings company of Salt
Lake and while none OF the cases have in
Volved its interests directly the belief pre-
walls that its mortgages come under the
supreme court ban, and ii is said several
are preparing to take advantage
of the ruling of the court. hoping to show
that the company $ plan involves the pay
meut OF usuriOus interest.
The supreme court holds. in the Mime
apOlis Building x Loan association case
that monthly payments on stock must go
to reduce the principal. In this case. the
interest charged remained the same for
period Of seven years. and the court holds
that these payments. in time constitute
usury. For example If a man pays on a
loan Sc a month principal and 81 interest
thereon to run through period of years.
he can, granting usury is created by rea-
son of the interest payments, charge the
so a month payments TO the principal and
secure cancellation OF the mortgage when
the amount so applied equals the face of
the note. Therefore. he gets his money
without interest.
save possible complications, are making