Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1910-09-30
THE LINCOLN COUNTY BAR.


ed wide attention from the bench
and bar Of the state as well as from
men in public life in general.
In the oral argument, W. c. Bis
sell of Gooding earnestly insisted
lhat for every wrong there is legal
remedy. and that in case Of this
kind where the legislature had fail
ed TO provide a method Of contest
ing primary election the courts
should take the matter in hand and
protect the interests Of the parties
claimed to have been wronged.
On the other hand Victor 0. John
son of our city challenged the very
jurisdiction Of the courts to hear
and determine such case. His
theory was that the Legislature had
failed 10 provide statutory remedy
and that If therefore followed that
no remedy Of any kind existed.
If no remedy was provided for by
Law the courts would have no right
10 pass upon the question involved
in such a contest. TO a layman it
seems like a bold position. That
the court was profoundly impressed
was evident. II is said that on onl,
one other occasion in the recent
history of the court have the Judge
allowed so much time for oral ar
gument.
II would have been interesting TO
know the views Of the court upon
the principal questions presented.
but upon these propositions the
defending the election as canvassed
made an attack upon the proceed
ure adopted by the plaintiffs and
succeeded in having the appeal dis
missed upon what might be termed
technical grounds. The whole case
was a technical legal contest. any
way. as it was founded upon the
unsupported charges made by Mr..
Roberts and Mr.. Marlett No eVi-
dence was ever heard and no trial
was ever had. In fact the court
threw out the case for the reason
that the plaintiffs attempted to get
an injunction without giving the
other side a chance to refute the
charges made.
Aside from the merits of the con
troversy. the case emphasizes the
universally of the law. The au-
thority of a decision is not bounded
by the state where it is pronounced
II the reasoning of a judge or the
argument of an attorney Is good.
Johnson argued this case he had
been resident of Idaho for less
Than three weeks, and had been ad
mitted TO the bar of the state only
few minutes. The authorities pr'
sented by him were largely from
other states. Yet the argument
made and the decisions presented |
were fcllowt and adopted by the (
court. even 10 the extent of laying /
d,-vn new rule of law in this /
state.
Incidentally the case has demon
ssraled the skill and legal ability of
The Lincoln county bar. We have
long known that its standing was
high. but this case has helped to
give it public recognition. Gooding
attorneys displayed considerable
skill and agresSiveness in commenc
ing an action in the district court
1n September 9th. and in getting a
final hearing in the Supreme Court
IN the 18th. This is probably the
-ecord for speed in this state, yet
We learn that there was no flaw
'ound in their papers.
On the other hand the ShoshOne
attorneys evidently surprised every
me. including the Supreme Court
md the Go0ding attorneys. by ap-
,earing within forty-eight hours
prepared to put up defense wi.icl
TODD like stone wall against ever,
Their preliminary assault
N technical grounds was SO we'll
ustained that the court found 1t
to pass on the real
nerits Of the case. 20 complete
vas their brief that the court add
d nothing to the citations when II
landed down its opinion.
Our bar NOT only commanded the
espect of the court, but made
eep impression upon public men
t our state capital. The flattermg Z
Offices in the daily press we're well
We may safely say that
oday the Lincoln county bar Is re-
ognized as the equal of any in the
tate.