The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1907-10-26
WOOD SAYS The
CLAIMS ARE GOOD

Judge Fremont Wood yesterday in
chambers handed down his. decision
in the case of Avery @. Moore
vs.. Charles A. Hastings. as
treasurer of the state of Idaho, in.
volving a warrant issued by State Au-
ditor Bragaw, September 13, to the
Pipkerton National Detective agency
in the sum of SO, 860.57 for services
in connection with getting evidence
for the state in the conspiracy trial
resulting from the assassination of
former Governor Steuuenberg, after
the bill had been allowed by the state
that the treasurer be enjoined from
paying tho same. A temporary
restraining order was granted and
arguments we're made by w. b.
Davidson. representing Mr.. Moore
and Edwin A. Snow, AS assistant at
toIney general, for the state. Iu his
decision yesterday the court denied
the Injunction.
Mr. Snow In speaking of tue pro
ceeding yesterday, said: cit was not
serious effort on the part of tax
payer to question the wisdom or
legality of the law. 1t was rather in
the nature of an adjunct to news
paper trade, a campaign for self
glori1cation by the plaintiff with we
know not what motives. and with
out single cosntitutionpl objection
that could be urged for the serious
consideration of court to prevent
the payment of this claim.
Judge Woods decision, the full
text of which is as follows, was
received at the Office nf the attorney
general late yesterday afternoon. and
the payment of the warrant will in
all probability be made this morning:
The complaint in this case was filed
September l6, by Avery @. Moore,
who is alleged to be citizen and tax
payer of the state of Idaho, against
Charles A. Hastings, the duly elected,
qualified and acting treasurer of the
state.
The complaint sets forth in sub
stance, the indictment of WIN. ID.
Haywood. Charles H. Meyer, George
A. Pettibone and others. in the dis
trict court Of Canyon county, and the
transfer OF said cause from Canyon
county to Ada county for trial.
That "The Pinkerton National De-
tective agency was employed by the
attorneys representing the state of
Idaho in the prosecution of said
Haywood, Meyer and Pettibone, and
performed. CERTAIN services in and
about the production of evidence to
be used by the state of Idaho in and
at the trial of said cases, and that as
plaintiff Is informed and believes an
therefore alleges upon the county of
Canyon and state of Idaho, the county
within which said Frank Steueneu-
berg was murdered, has paid the said
1.-THE Pinkerton Matte nal Detective
agency large sums connected with the
prosecution of said causes''
The complaint further all legged in
substance that the state "has not,
through any officer or board of COM
petent authority or otherwise, on
tered into any contract. express or
implied, with the said The Pinkertop
National Detective Agency, and that
said The Pinkerton National De
tective agency has not performed any
services for the state of Idaho other
than "The said The Pinkeron
National Detective Agency under
agreement with the attorneys for the
prosecution In the said cases against
Haywood, Meyer aud Pettibrne may
have performed certain services for
and on behalf OF the attorneys for the
prosecution of said cases. -