The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-02-24
DEFECTS IN y.
CRIMINAL Law
ILL., 4lz.1t tliA} s
No Provision Made for County
Attorney to Prosecute Cases
in Outside Precincts

CULDESAC, Feb. 22-To The Teller
i wrote in my last letter of the DIM
culties which all the courts have to
contend with in securing convictions
by reason Of the contempt on which
the present form OF oath is held and
promised to give a further reason for
non convictions which applies to and
offsets the justice courts alone, viz:
the failure OF the county attorney to
appear and prosecute in the precinct
where the crime was committed. Let
us illustra4e man or woman COM
mits an assault, battery or a rob
berry, the victim swears oft COM
plant and comes into court as the state
witness. but he has no attorney while
the criminal has the best one that
money can get. This as everyone can
see in minute puts the justice in Il
most equivocal position. II he does
his best to protect the prosecuting wit
nesses from being bullrigged and brow
beat. by the attorney for the defense
he Nhe justice) is Immediately charged
with being prejudiced against the (al-
leged) criminal. and il it should be a
jury case the situation becomes still
| more one-sided as the justice can not
say any thing and SO owing to the I'M
lawful absence of the county prosecut-
ing attorney. the defendant is ac-
quilted or rather goes unwhipped OF
Justice and in this connection l would
suggest that il he the prosecuting at
torney) can not afford to do this on his
salary then the law wants amending
to give him mileage and a deputy to
| take his place throughout the county
il necessary when the district court is
in criminal session which is not often
enough to be any excuse as a matter of
fact there is no excuse for his neglect
ing this plain duty except it be to CEN
tralize the entire criminal business of
the county at Lewiston, and further
more, (Which would be some shadow
OF an excuse) the criminal when they
do get him there is not tried before the
probate court "a salaried oficer) but
before some other magistrate. This
putting all the extra costs and mileage
Of the. witnesses and justices fees on
the county and to conclude this kind
Of business must stop and all the just
ices whom I have consuited agree with
me to make a test case. the first ,oc-
casion that arises and Il the county
| attorney win moi, come when he ID mo-
tined and prosecute, why then, he win
be prosecuted Tor not attending to his
onicial duties, I'll, "a III
| / now come. to the statute on Islander
which in this state must be in the hand
writing Of the slanderer or 1t Is not &C
tionahle.. Well ssupposingssthats Il was
typewrittena what then z, II would be
none the less a slapder and quite as
injurious to the individual. slandered
and~I hold that spoken Islander ut-
tered before witnesses is the very
worst and most malicious of all slandef
because the written or printed slapder
can not get any worse. whereas the
spoken one has more feet to travel
with than centipede with all the ac-
cumulative powers of the proverbial
SNOWFALL This unwise modification Of
the law Of Islander Is another legacy
beQueathed us by that hot wind
party" when they were in the ascend
ant they evidently wanted to have no
strings on their tongue. Let US there
fore get back to first principles In the
matter of sound logical laws. which
have stood the test Of ages and purge
our statutes OF all the wild vagaries Of
populists socialists, nihilists. anarchists
and fadists. Yours truly, :"
| lanes r MIrc~urYI