Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1900-03-17

did Commissioner BOYLE fail to show
which would have entitled him to release
by the write"
Here Lent read in full the application
made before the supreme court by Com
missioner Rovle.
at is deficient in this, that attorneys
for the commissioners have pleaded
themselves out of court, replied Mr.
Forney. The executive and judicial
departments being equal, the courts will
not review the action of the governor,
who III this case has declared the county
of Shoshone is i'll a state of insurrection.
Boyle's attorneys included Governor
Steunenberg's proclamation, declaring
the county where Simpkins was impris-
oned is i'll state of insurrectiou. That
fact alone would prevent the courts from
reviewing the action OF the executive"
"But now do you reconcile this fact
with the claim you made this morning
that the writ of habeas corpus was not
suspended. queried Mr.. Hay of Virginia
at was not suspended, but the condi-
tions did not permit of issuance Of the
writ" replied Mr.. Forney. "A man held
in the penitentiary under proper sentence
Is not subject to operation Of the writ. lii
the same way the supreme court OF Idaho
i'll the Boyle case, held that Bartlett Sin
clair, the governors special representa-
tive, was duly authorized under martial
law to hold Boyle, and as a consequence
the prisoner could not be released by ha-
beas corpus"
Then" persisted Mr.. Hay, "the writ
was practically suspended by he COVER
nor ?"
well, replied Forney, "you may con-
strue II that way"
do you believe" said Mr.. Lent,
THAT the governor has power to annul
the writ of habeas corpus?"
81 never said that he had, but believe
that his action under the constitution in
sending troops there was tacitlv cquiva-
lent to suspension of the writ"
"Will you read the section Of the Idaho
constitution relating TO suspension of the
WRIT"
Mr.. Fornev accordingly read the sec
ton which provided that in cases of re-
bellion or invasion the governor, if the
legislature could not be convened, might
suspend the writ
Under these circumstances. then"
continued Mr.. Lent, "what means of re-
lease could be secured by perfectly
moral, upright citizen, guilty of no Of
fense moral or criminal, held as a pris.
oner in the bullpen? Suppose one of the
sisters at the hospital had been impris
oncd by Sinclair, what means Of releas,
/ could She secure 2"
Mr.. Forncy spared continuously. 81
know of 10 such case, =" he rctortcd. "Any
innocent person thus imprisoned coult
get liberty merely by presenting the fact
to Bartlett Sinclair"
"But did any means for release eXis
NANN ~ Nll' - Nl'ilNN VI lphiA VT sNliia iili
persisted Nj. Lent.
~ don't know what the courts woult
do said Forney.
"But want an answer--yes or no"
That's a hypothetical question" re
tofted Fornev, "such "A condition coul
never exist"
Again and again Mr.. Lent pushed tn
question, but Forney as steadily refuse
to make categorical answer.
Then | will change the question so q
to do away with its hypothetical fe,
turcs," replied Mr, Lent. "Mr. Forne
admits that iunoccnt men were i'll III
bullpen, for he declares that on his +,
quest prisoners against whom no Grin
, could be charged were frequently r
, leased. Now suppose that a perfect,
honest moral man, guilty Of 10 offen5
either criminal or moral were impri
. oned by Bartlett Sinclair i'll the bullpe
! is there any means existing by which
. could be freed save with the consent
Sinclair; could any court in Idaho bril-
= about his freedom?''
. Mr. Forney hcsitatcd, In view Of 4
6 decision of the supreme court, - he sal
!, Il know of no method"
Mr.. Lent ssbsided in triumph. T
;, short answer virtually closed the exa,
ination for the day.