Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-09-24

|
liams Bros. Lumber company 10y It's
attorneys, served notice OF trial in
the case and brought It or for hear
ing, causing It 10 be placed on the
trial calendar.
The attorney general did not
notice the case for hearing. On
July 9th the attorney general wrote
the attorneys for the lumber com
pany, asking to rave the case put
over the July term; and alleged IS a
reason that he wanted to attend the
state convention at Mitchell, begin
ming on the 18th; and that he was
engaged professionally on the 10th;
aud l6thth, OF July He suggested
that if there was an adj urued term
Of court during the summer, that he
would be willing to Try the same
then. The attorney for the lumber
company on the 10th, wrote the
attorney general that they could not
consent to an Adjournment Of the
case. That the lumber company
was anxious to have a speedy trial
aud decision; but that they could
assure the attorney general that the
case should not be taken up before
the 10Th 70 the 22nd of July. To
this letter the attorney general wrote
on the llth, that he would endeavor
to get ready for trial at the July
term Of court.
The first two weeks Of court were
devoted to the trial of jury cases.
This case being court case could
not come on for trial until the third
week. During the second week the
attorneys for the lumber company
called the attorney general up by
phone at Pierre, and advised him
that the case would be reached for
trial on the following week, that IS,
the third week of the term, and that
the defendant would demand trial.
At the opening Of court on the
third week, the attorney general was
not present. The lumber company
was there with its witnesses and
attorneys, ready to try the case, but
the attorney general put in the same
old plea, that business elsewhere
prevented his attendance, and
through the local attorneys who
appeared for him, be asked tie
court to continue the case until the
January 1909 term. To this the
attorneys for the lumber company
objected, and insisted upon immed-
late trial, stating to the court that
the interests of justice demand that
the case should be disposed of; that
the tendency of it was injuring the
business of the lumber company,
and that fairness demanded that it
should be tried. The court then
said that he would adjourn the term
to Sept. 2lst, for the purpose of
trying this case. September 2lst
came, but the attorney general did
not appear and the case has not been
tried.
The defendant has at all times
been ready to meet all charges made
by the attorney general. The attor-
ney general has never at any time
been ready or willing to try the
case. 1t is stated upon good auth
ority that he has told many persons
that he had no intention Of bring
ing the case to trial That the
state has no evidence to submit to
the court. That he was compelled
to bring the case as a political
scheme to carry Day county for
Crawford; and that all he wanted
OF the case was to keep it alive until
after election, and il will be dis
missed at the January 1909 term.
We are not at liberty to use the
names Of the persons TO whom he
has made these statements, but il is
an undisputed fact that he has
never appeared in court or mani
Tested any desire to try the case.
| II there is lumber trust in Web
ster, then il ought 70 be crushed,
and this should have been done at
once. II should have been done at
the last term Of court. why did
not the attorney general appear and
do his duty If he had any evidences
70 prove the existence Of q lumber
trust2 But no, be does not want to
Try il. He brought i 10 serve u
i. a - - =. F.. Il =