The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1905-03-24
kO0TENAi.
DIVISION CASE
Petition of Sheriff Mcdonald of
Clark County Argued in
Supreme Court.

kOOTENA1 % E. % 70 20 ,aoiiiitdo
The spring term of the Idaho SUI
preme court opened here Monday.
Chief Justice Stockslager and Associate
Justices Ailshie and Sullivan are in at
tendance as we'll as Clerk Sol. Has
brouck The session will probably last
about two weeks.
The first case on the calendar was
the case of c. A. Mcdonald. as sheriff
VS.. Edward Doust which is suit
brought to test the constitutionality of
the act creating Lewis and Clark coun-
ties from old Kootenai. Doust was the
sheriff Of old Kootenai county and Nc
Donald was his deputy. With the
passing of the act creating the new
counties Doust was appointed sheriff
of Lewis county and Mcdonald sheriff
of Clark county. The act compelled the
turning over to Clark county all prop
erty. money, records. etc, and in COM
pliance with the act Mcdonald de-
manded from Doust the county Jail
building and its prisoners together with
all other property which is located at
Rathdrum together with all other
property on the grounds that he is still
sheriff Of old Kootenai county and the
plaintiff in the case is asking writ OF
mandate from the courts compelling to
comply with the act of the legislature.
The suit is a test case and was or
iginally opened up by Attorney Edwin
McBee of Rathdrum. Both Lewis and
Clark counties have Joined hands in
the suit agains the old county Of
he c,,;t In ha old 90
Arguments in the case were made
Monday and concluded Monday even
ing. The case was opened by Attor-
neys Fremont Wood Edgar Wilson and
G. l.. Hoffman for Sheriff Donst. Ed
win McBee. f. r. Whitla. prosecuting
attorney for Clark county. Herman H.
Taylor, prosecuting attorney for Lewis
county and c. w. Beale who is en-
ployed by the county boards Of both
counties appeared for Mcdonald. The
arguments on both sides were strong
and brilliant and many visitors were
at the supreme court building to hear
the arguments.
Tuesday arguments were heard in
the case of the California Consolidated
Mining company. respondent, VS..
Charles Manley. The case involves al
legged fraudulent transfer Of mining
property in Shoshone county. A. H.
Freatherston and c. P. Lund argued for
respondents and j. p Gray argued for
Manley.
The legality of tax title in the case
of l.. H. Hole VS.. Daniel Van Duzer ct
al. was also argued Tuesday and taken
Inn dot dx-sc
argued for Hole and A. F. Gallagher
for Van Duzen
Two cases We're heard by the court
Wednesday. Caleb Brinton VS.. Lewis
ton National bank. G. W. Tannahill
argued for Rrinton and l. N. Smith
| argued for the bank
Harry Grice VS.. Jay Woodwork is
the title of case from Latah county
involving a transfer of real estate.
Grice was represented by S. S. Den
ming and Woodwork by J. II. Forney.
Thursday motion to dismiss the
appeal of c. A. Foresrnan VS.. Board of
county commissioners of Nez Perez
county was argued. The contention of
! the county was based on a technical
| question as to the right for the appeal
/ without having placed a bond for costs.
Bender & Lingenfelter appeared for
Foresman and County Attorney Crow
and Miles S. johnson represented the
county. The case was taken under ad-
| visement.
The case of H. f. House VS.. A. T..
harmon ct ux.. in an action concerning
the boarding up of a stairway. was ar
gued by Dunn and Woods for House
ana Stearns & Jones for Carmen.
During the session Monday f. A.
Rowley was appointed crier for the
court.
Justin II. Wixon Of Lewiston and A.
A. AiVord of Culdesac were admitted
TO proctice before the supreme court
of Idaho.
Suitable resolutions of respect in
mnfory of the late Robert V. Cozier
We're presented. read and ordered made
a permanent record, on the minutes of
the court.
Tuesday c. p. Lund of Spokane
chas. Q. Lyon of Lewiston and A. H
overschmidt of Troy We're admitted m
practice before the supreme court. Ren
IOppenheim of Moscow was appointed
court stenographer
| Thursday j. L. West. register of the
local land office. and John c. Murray
OF Lewiston and Sam I. Stearn of Spo
kane were admitted 70 ,,..,..;-- :. :,