Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1910-04-14

hioie duouu IL. Inc prosecution III
formed Langert that there was no use
in bringing the action into court
again, but said that he would event
nally file another complaint against
Minis"
The above statements are all erron-
eous, while Minis was bound over to
the District Court on charge of sell
ing liquor in violation of the Local
Option Law, Gilmore refused to prose-
cute him and failed to file an infor-
nation against him, though frequently
requested to do so by the attorney for
Minis as | am informed, why Gilmore
acted as he did will become apparent
from further statement of the facts.
The proceedings in the District and
Supreme court relative to Minis were
in the nature of civil action request
ing that an injunction issue restrain
ing Prosecuting Attorney Gilmore
from proceeding with any criminal
proceedings against.Nims for violations
Of the Local Option Law for the reas-
on that the election held on the ques-
tion was void on account of irregular
tiles in calling the same. The District
Court refused to grant the Injunction
and on appeal the Supreme Court
stated that there was no need for an
injunction in the premises because all
of the irregularities rendering the
election void could be shown as mat.
ters Of defense in the criminal proceed
ings.
Minis then prepared himself to show
these facts when his case would come
up in the District Court on the GRIM
inal charge on which he was bound
over, he is still waiting an opportun-
ity to do SO, Notwithstanding a term
of court has convened and adjourned
since Minis was bound over Prosecut-
ing Attorney Gilmore refused to file
an information or to prosecute the
case. According to the usual custom
in such matters the Prosecuting At
torney files informations against defen-
dants in criminal proceedings who are
bound over, Immediately after the
convening of court, when it was seen
that he was not acting in the Minis
case he was approached about it to
learn his intentions and he then stated
he would file the information the last
day of the term, which would render
it too late for trial at that term, but
it transpires that he failed to file it
during the term at ALL The effect of
this / am informed is virtually an
abandonment of the case.
Minis was bound over to the Dis
trict Court some time before the con-
vening of the last term, in binding
him over the justice must have found
that there was an offense against the
Local Option Law committed, why
then was he not proceeded against in
the usual custom?
Minis contends that the local Op-
tion Election was void for the reason
that the notice thereof required to be
published was not given, the Supreme
Court stated he could set this up as a
defense in a criminal proceeding, the
officer who should have proceeded with
the criminal case is the official adviser
Of the county officials and might have
been blamed for not seeing that the
proper notice of election was given in
the event it was set aside for this real
son, if the Minis case is never tried
this question can never come up.
If the Local Option election in Ida
no county was properly conducted the
law is in force therein but we do. not
believe that any fair minded person
'who lives in Idaho county would sup