Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-06-19
JA|LBREAKERS
GO SCOT FREE.
Law Providing Punishment For
Attempted Escape Declared
Unconstitutional.
,--
BY IDAHO SUPREME COURT.
Prominent Banker Charged WITH Per-
,,cirutinu Coal Land Frauu-6oN-
BY IDAHO SUPREME COURT.
Prominent Banker Charged Win Fer
pc,ru,ing Coal Land i'raid-Goy-
crnor Makes Appointments.
fsneriol C'o1rrspontlence)

Especial CORRESPONDENCE
OJsE June l7.-Thc law providing
punishment for attempted escape
from tho state penltcntary IS
held by the supreme court to be
Unconstitutional, according to recent
opinion handed down by that tribunal
in a case in which Attorney *. =.
Perky represented a number OF the
conyicts in testing the validity of the
law.
Immediately following the decision.
II. f. Mallon. an Ada county convict,
serving time for violation of the statute
in question, was summarily released. as
was also Charles Peterson of Bingham
county, and three other prisoners who
were soon to enter upon similar sen
fences, Will be discharged from custody
as soon as they have served their orig
inal time.
@ The penalty for attempted escape. as
provided by the statute, was imprison :
ment for term of years equaling the
original sentence That is, for attempted
escape, a convict should be punished
by having his term doubled
4 . 4 y
CONVICT gIaEARRESTED. s
Since the release, however, of II, r..
Mallon on Monday, another serious
charge has been preferred against hin
and he has again been taken into GUS
tody to answer to the charge of at
tempting to sinuggle drugs to convicts
at the penitentiary. When Mallon was
arrested at roomlng house in this
& city yesterday, considerable quantity
of yenshee Ga drug used extensively by
dope ficnds). was found on his per-
son He had stated to his room mate
that he had arranged with one of the
guards to ''get some yenshee to the
boys aud his companion conveyed the
information to the warden at the pen-
itentiary. The name OF the guard was
not given.
COAL LAND FRAUD.
Misrepresentation and fraud are
charged in a sensational suit recently
filed In the United states district court
by A. Fl. Lanburn of Montclair, n, j.,
and j. r. Richards Of Higgins, Texas,
against Harry c. King and wife OF
salmon, Idaho. banker and business
man offsaid city. The complaint scharg-
es the latter with perpetrating a coa
mining swintlle by selling through mis-
representation to the former worthless
bonds for 100000, half of which amount
was paid In cash payments. The lands
involved cover an area of 200 acres.
MBRIDE PROTESTS.
Former state Senator r. w. Mcbride
resident of Salmon City, who is visit
ing in Boise for a few days, protests
against the Inference contained in the
above complaint relativcsto there being
no coal in the lands in question. IIe
stated that the lands had recently beer
reported upon favorably by Utah eX.
pert, who examined them, and that the!
had been the source of Salmon City:
4 fuel supply for four years. According
to Mr. Mcbride the product is "tht
hest Ignite coal in the United States
and that as n gas producer 1t has II,
known equal"
VETERINARIAN IN TROUBLE.
Dir. Joseph Baddley, local veterina
rinn, was arrested a few days ago upoi
complaint of Dir. G. T.. Noble, state
Veterinarian, for selling stallion with
out being registered and which is re
ported to be unsound. The arrest wa!
made in Pendleton, Oregon, the doctor
having disposed of all of his propert,
here, and reached that city on his wa.
10 Alaska. Tho case Is the first to b,
instituted under the statute enacted b,
the last session Of the legislature whicl
makes the offcnse of which Baddley il
charged felony, punishable With ;
z fine of 5000. or imprisonment In tn
county Jail not to exceed one year, o
both. Governor Brady issued re
QUESTION papers and Baddlcy has beer
brought back,
STORE BURGLjAlIZID.
On last Saturday night while tn
town folk We're congregated at the ney
dance hall for the purpose OF it's dcdi
/. cation in the nearby town of Stal
-four young men entered the Judso
& Lane store and carried thcrefrom
small sum of money, several knives am
other valuables. The following day TIL
arrests We're made and Clarence Brew
er. Pleas Farmer. Mick Carter and Hug
GIahaffey We're brought to Boise an
locked up Monday they had thel
hearing in the Justices court and wer
bound over to the district court 70
trial. Bail WAS furnished by each i
the sum of $500. The first named is
man Of mature years and is chief but
ter maker in Il local creamery, Will
the other three are young men rangin
in age from is TO 20 years.
SNEAK THIEVES AT WORK.
While en- route from Boise on til
some sneak thieves got in their wor
and by the time the train had lef
Shoshone a number of passengers foun
themselves relieved OF all their money
one losing $3.50 and another $3.50. leay
ing the men absolutely penniless. Sev
eIal others We're robbed of smalle
sums. The thieves have not yet bee
apprehended.
FOR BATTLESHIP IDAHO.
Gov. Brady has announced the az
pointtnont OF a commission composed &
Josenh Perrault, Mrs. w. Fl, Riden
bauga, John Eagieson, OF Boise; ID. "
Sterrod of Pocatello. and w. +. Viii,
aIer OF Standpoint, upon whom tn
ttlty Is imposed to select a silver serc
ice Tor the battleship idaho
GRAIN COMMISSION NAMED.
~ members OF the state grain com
mission, to serve for a term of ivy
years, GOV, Brady has announced til
appointment of the following gentle
men: Eli T. Simmons OF Fairviev
Oneida county; John l.. Woody OF Ken
drich, Latah county and George Cow
gill of GrangeNille. Idaho county. Til
frst meeting of the commission will b
reid in Boise, July 1, when 1t Will es
tabllsh standard grades of all hay an
grains bought or handled by any publ
warehouse within the state of Idaho.
CIVIC IMPROVEMENT.
The city attorney has been ordere