The silver messenger. (Challis, Idaho) 1890-1912, 1909-03-09
-PERNIcsous LAW PROPOSED
EDITOR SILVER MESSENGER :

EDlIOH OLIVER MESSkSIkK-"
Under the above caption APP
pears an article in the Ecening
Capital Ners, under date of Feb.
24th, 1909, written by our es-
teemed citizen. w. w. Adamsen,
Ostensibly for the purpose of dis
cussing certain proposed meas
ure which had previously rec
commended to the legislature; but
which was written primarily and
solely for the purpose of disgorg-
ing a lot of personal venom, and
giving vent to Mr.. Adamson's
personal animosity toward me.
In view Of the nature OF the
article, which | have mildly
classified, it is with considerable
hesitancy that l attempt to ans
wer such an uncivil and uncalled
for personal attack. And it is
only in justice to the people of
Custer county who have seen fit
to place me in Office, and who
have 50 generously entrusted me
with their private business. that
l make any reply at all. for per-
sonally | do not consider it
worthy of notice.
But to summarize IN as few
words as possible, l shall first
refer briefly to the measure in
question, which was one requir-
ing bond for costs in criminal
cases. Now. whether or not this
proposed enactment set forth
good or bad law it was open TO
discussion, and | at all times
welcome courteous criticism of
my public acts. whether such
criticism be favorable or adverse.
And many of my friends have
/ spoken to me about the measure
in question some have favored
it while others looked upon il
with disfavor. to which | took
not the least exception But
however. the Legislature did not
see fit to enact such a law, and /
willingly abide by their decision
AID accept their wisdom in the
matter as being superior to mine.
Mr.. Adamson quotes our pres
ent law on the subject ia its en-
tirety, which composcs the most
potent argument in favor of the
measure which | recommended.
yet advanced. If it is good law
. to grant the court power to
assess the costs against the com
planning witness in cases Oi
malicious prosecution, why isn't
, it better law to secure the pay
ment of such costs As to the
{ official abuse of such a law.
) which argument has been ad-
vanced, it would be impossible
: to enact any law that officials
r might not abuse. if disposed t6
do so. And if we are going tC
r proceed upon the theory that
: officials are generally inclined tc
the abuse of their powers, we
/, had better abolish both the Law
r and the Office. But in view q
: the action of the Legislature il i.
e useless te enter further into the
discussion OF the matter.
4 After stating that our laws ar,
/, the result of over 500 years o
: careful and diligent study by
, eminent judges and lawyers
D which every school boy knows i.
oaly a small fraction of the tim'
: in which the principles upoi
S which our laws are founded hav'
: been in course of formation: an,
It all of which has no bearing OF
a the case at hand, Mr.. Adamsol
+ continues as follows There
e fore. with all due respect to Mr.
i Glennon, it might be suggested
Il that having followed the pro
fession of school teaching unit
# within the last year, his abilt.
l. to recommend such changes il
}. our laws is at least limited. an
h this recommendation of hi
:. should not receive serious cor
5 sideration by our legislators.
d Which statement if not in itSel
# false. is such in the insinuatiol
le that it carries. For, while wa
y engaged in school teaching las
(, year, l have also been engage
IS in the study and practice of la,
e. for about seven years. And, a
y is evidenced by the records c
the Supreme Court. | was &C
: mitted to practice in that Coul
e in this State several months PR
a viOus to Mr.. AdamsOn's admiS
t, sion TO said Court. And, beside
20 that, l hold a diploma from
Is recognized law school, whic
S, Mr.. Adamson does not posses:
n and was also admitted to practic
K in the Supreme Court of Indians
Is and the United States Distric
D. Court, before coming to Idaho
Sc all of which is matter of prid