The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1908-09-17

itte0 TO 20 W Gllc UdllOL
against the Dubois fac
referee was appointed to
bce. The referee will go
It's in full, probably go In.
Ter of the election OF dele
hc state convention and
of the convention consi-
of its phases.
aturday counsel arg gued the
Attorneys II. z. johnson,
pson. Milton ID. Cage. "A.
d John Fl. Wourms ap-
he Dubois interests and
Hawley, Karl Paine and
lent for the defendant.
burned shortly after 5
kn it was announced that
the demurrer would be re-
Monday morning.
hnson made the opening
lie quickly passed all the
of fraud and conspiracy,
It they were wholly imma-
led at the suggested intim-
ough fear Of great bodily
merely referred to the
tests cited. He contend
state central committee
wholly within it's rights in
embers of the committee
Falls and Bonner cOun-
United out that these mem-
elecLed by a majority OF
committee.
enged the allegations that
1872 of the delegates in the
nominating NJ Alexander
hor, explaining that this
as made by counting dele.
the contesting delegations
been thrown out of the
Invention and by permit
h two delegates who had
eaSt a vote for a full delega-
that these delegations
Blk part in the second con-
hd participated in the con-
he the committee on creden-
hid, emphasized the regu-
be Dubois convention and
Ing or withdra of the
from the convention left its
status unimpaired.
lew of the answer was for
Use of laying a foundation
5rgument TO follow and indi-
I the plaintiff proposed to
BON the facts in such a man.
Rs to get the questions of
|e the court.
Johnson in opening stated
question was one of jurisdic-
i He said: sit makes nc
! whether there was fraud
led, undue influence exelted,
lties com nitted, or mistakes
hde by the state central COM
y whether the state conven'
4 was actuated by proper
pr by the very devil himself,
can not go behind the &C.
fhe state convention."
+ challenged the jurisdiction
prt to go into the facts ol
hnu In his argument to sus'
position cited the opinions
|daho supreme court in the
Williams VS.. Lewis and the
ft case involving electior
% held up to ridicule thu
intimidation of delegates
Wallace convention and th'
be majority" being intimi'
The minority" Referrin,
parge Of fraudulent and cor
Spiracyh he said the answe
p all Of the terms of the Hay
pictment. All the authoritie
exception, he said, wher
ps were similar to those pre-
y Idaho sustain his conten
y The court could not go be
record OF the convention an,
pout Jurisdiction to conside
|ot fact. The defense, he ex
Was relying on cases in state
heie we're primary electio
Pa he declared tie Idaho pri
Fction law enacted in 1903 wa
[|alrectory and conferred n
Iion whatever upon any court
aine made the opening argr
P' the other side, citing
|ot decisions which he cor
rere applicable, and which |
hOes held that the courts ha
TO consider the facts in ia,
phtroseIsles within a polite;
II. Hawley at the afternoc
the court made the primo
anent for the defense. L
fiAt II was not the minorit
majority who left the con We
al "sllace-not bolting Il
ion but adjourning to reco
another place, and they We
ID 10 leaving the hall thruu,
oinodshed." he added.
e dsneerouus precedent
y should hold 1t had no rig
hto the matter of fact und