The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-12-17
DID MORGAN WIN CASE?
HE EXCEEDED HIS AUTHORITY
Supreme ceurt snstains His Action nat
HoldsThat He Had No Jarisdietion 70
Qaash PaneI-AppeaI sIsuId BE Frosn
Action Of County Commissioners.

mandate compelling Judge Ralph T.
Morgan, Of the district court Of this
county, to rescind an order which be
made at the recent term Of court,
quashing the panel Of the jury and
discharging the jurymen, and direct
ing the judge 70 resummon the jury
and proceed with the trial OF causes.
The supreme court set aside the alter
native writ granted on Mr.. Heitman's
application, declined to Issue q per-
emptory writ. but held that Jugde
Morgan had no jurisdiction in quash-
ing the panel Of the jury on motion
OF the prosecuting attorney. A
majority Of the court held that the
proper manner Of bringing the ques-
tion before the tribunal was on petit.
tion for a writ Of certiorari. The
question Of the legality 81 the panel
Of the jury, which constituted the
basis Of the action, was not passed
upon by the court, nor was amy
action taken upon the motion Of
counsel for Judge Morgan to strike
out certain portions Of Mr. Heitman's
application Nhich were alleged to be
surplussge.
Justices AilEhie and stockslager
held that the writ should be quashed
and that no peremptory writ should
Issue. They also held that the prop
er method for bringing the case be
fore the supreme court was by writ OF
certiorari. Chief Justice Sullivan
dissented.
Chief Justice Sullivan and Justice
Ailshie held that the lower court had
no jurisdiction to hear the case as it
did, the correct mode Of procedure
being by appeal from the action of
the board OF commissioners in select
ing the list Of jurors or Oh appeal IN
a case tried by the court before
jurors drawn from that list. Justice
Stockslager dissented az TO the
method being by appeal from the
action o. the heard
The effect of the courts decision
is 10 leave the order Of Judge Nor.
gan discharing the panel the same az
though no application bad been made
for . writ Of mandate.
The argument in the case was
lengthy and at times dramatic. Three
attorneys representing Judge Morgan
we're in attendance 10 court. They
were Charles w. Besle. John b.
Goede and Thomas II. Wilson. ar.
Hoffman argued his own case.
The case was opened by the Cling
Of q motion to strike cut the petition
and afiidasits Of plaintiff. on the
giound that they we've imnlaterial
and had nc hearing on the ease.
County Attorney Wilson spoke Ia
support Of the motion, which be read
to The court, aud urged that a large
amount Of surplu sage had been
elected into the record to establish
the character Of jurors aud others
that had not been attacked. He also
complained that service Of the record
tasA& A1A AE&N AAaAAE AM NAHaEs
c. L. Hoffman, said he served the
record on the county attorney as soon
as he was advised to do so by the
court. He said further that he at
tempted to get this showing in the
court below, but 1t was ruled out.
The affidavit Of whitwell. he said,
showed that men had been incarcerat-
ed for eight months without even an
information being flled against them.
He said be appeared not only for him
self, but for county officials, and to
protect the character OF those who
were sought to be maligned.
Beal, replying to Hoffman, said
this case was a matter Of very great
Importance. and he desired that Mr.
Goode, Mr.. Wilson, and himself
should ali be heard. He desired 70
prune down the record to what
actually occurred, and then flle
demurrer TO the jurisdiction Of the
court, in accordance with decisions
heretofore handed down.
Mr.. Beal stated the question was
not Mr. Heitman's purity, or the
purity Of the jurors selected, Il is
the unlawful method Of selecting
them. The selection, not the person
mel Of the jury, is in question.
Major Goode, who followed, claim
ed he represented the court, 1T
will hold" he said, ''that every
court Is the keeper Of It's own oharac.
ter, and has the power TO purge itself
Of any scandal that may attack It.
There Is no desire to cast any
aspersion On Mr.. Hoffman, on the