Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1910-09-23

The Lincoln county division con-
test ease entitled C.. T.. b. Roberts
ct al vs.. Paul r. kartZke ct al, board
of commissioners, and involving tht
legality of the vote east in Hiilsdait
precinct. was decided Thursday by
the Supreme Court which affirins
The decision in favor OF the board
Of commissioners and against the
county division advocates, iBclud-
ina EX-GOVERNOR Frank IL. GOOding
says the Boise Capital News. The
opinion is written by Chief Justice
Sullivan and is cOncurPed in by JUS
tice Ailshie.
The forces opposed to county di-
vision were led by Fred W. Good
ing of ShOshOne, brother to the
former governor of idaho and ad-
v0cate OF, county division. The can
didate for senator and also one OF
the candidates for representative
i'm the legislature on the county di-
vision ticket were defeated by fei
votes and the legality of the elec-
ton held in HilIsdale precinct was
then questioned, the divisi0nists con
tending that the voting place was
moved from the regularly desig-
mated in the notices. Application
for a temporary Injunction was de-
MED by the district court and ap-
peal then taken to the supreme
court, where with an array oil
corIseI composed of practically all
members of the legal fraternity re-
siding in Lincoln county the ques-
ton was argued pro and con be-
fore being taken under advisement.
The syllabus by the court follows
''Under the provisions Of section
1887, Rev. Codes, an injunction is a
writ or order requiring a person TO
refrain from doing a Particular ac
Where an appeal is taken from
an order denying an application
for a temporary restraining order,
made upon the complaint alone,
without notice to the adverse par
ty, to restrain canvaSsing board
from canyassing the vote OF a GER
tain precinct in a county, and a
motion is made to dismiss the ap-
peal based upon the affidavit of tn
clerk of the canvassing board,
showing that such board had con-
yassed and certified the abstract of
votes of such county and precinct
prior to the taking of the appeal,
the action will be granted and the
appeal dismissed.
''The granting of an injunction is
IA matter of judicial discretion and
the granting OF a preliminary re-
slraining order eN parte rests still
more largely in the discretion OF
the court or judge.
1.-The Judge or court should not
grant temporary restraining order
upon the verified complaint alone
in an action of great public import
ance where the party to be AFFECTED
thereby can be readily notified, eN-
cent i'm ease of extreme emergency,
as a hasty and improvident grant
ing of temporary inujnctions, with
out notice. is not in accord with
the fair and orderly administration
Of justice.
"An appeal from AN order deny
ina an application for temporary
restraining order does not operate
as supersedas OF the order APP
pealed from, and at the same time
in effect grant the restraining or
der pending the appeal"
In the above case our attorneys
have displayed good judgment in
every respect and have handled
each detail in a mastery manner.
The way in which Victor o. John
son placed the case before the SUI
preme Court opened the eyes OF the
opposing side. Our lawyers deserve
credit an appreciation for their
services