Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-19
CANNOT SECURE
A FAIR TRIAL
Water Power Company Wants
Cases Dismissed
NV ]. Z. !. !.
w dIeT

The Washington Water Power COM
pany. through its attorneys, Post.
Avery a Higgins. q, Il. Hoffman and
Gray q knight. has aled motion
IN the district court 10 dlHmiss the
action IN the case OF Elmer noty at
al. against the company. which Ii
an action for damages caused BY the
overflow OF his land In the Occur
d'Alene river valley and the mo-
ticn Will be heard before Judge Dunn
In this city on Monday, January "a,
The motion for dismissal IL made on
the ground that the defendants can
not secure fair and Impartial trial
In the district court In Kootanal
county on account OF the bias and
prejudice Of the citizens OF the county
which exists against the plaintiff. and
as q result OF the agitation on the
part OF q large number OF persons
residing along the Occur d'Alene. 81.
Joe and 80, Maries rivers In said
county, who claim that they have
some interest In the proceedings now
pending before Register w. II. Bat
ting Of the United States land once
in this city, and on further grounds
that the plaintiff has already begun
in the United States district court Al
Moscow condemnation proceedings;
and on the further grounds OF the
circulation OF false reports that the
maintenance Of the dam al Pos
Falls has been the cause OF typhoid
fever; and because OF the gRrbied
reports that have been given In tia
newspapers circulated In the count,
regarding the testimony taken Ia ths
proceedings now being had befor,
Register Batting.
In view of the above alleged OK
listing conditions the plaintiff state
that II believes that 1t would be i'm
possible to get a fair and lmpartIa
hearing before jury In this county
and therefore, without prejudice
moves that the court dismiss the &C
ton.
Attacks County Appropriation.
The motion also states that OF
the i3th day Of January. 1910. tn,
board Of county commissioners o
Kootenai county was induced by per
sons interested In the said proceed
lngs to make an order. which tn
plaintiff Is informed and 'elIeyea
and therefore alleges was made en-
tirely without the Jurisdiction OF sal
board. directing the county audito
of Kootenai county to draw a war
rant In favor Of William Trueman TO
the sum of $1,000 to assist certall
persons who claim to be interests
In the said investigation adyersel
to the plaintiff In paying the expense
and prosecuting the said investiga
tion 70 successful termination /
It's interests and opposed 10 III
plaintiff.
Also that on account OF such az
tatlon the interest In said proceed
ings has become 80 intense that II
now and will be utterly imponsibl
for the plaintiff to secure a fair an
impartial trial. as has above bee
stated. before a jury or before con
missioners to try the issues involves
The plaintiff also says that ID
ordinary high waters which oecu
along the Occur d'Alene river wouI'
! whether or not plaintiffs bear ira
: ut Post Falls Is lef In the eonditio
In which II nov 10, oyert1ow end Goo
! defendants lands until on or abo,
: the first day Of July. and that no In
I mediate benefit would result 10 II
> defendants by the lowering Of n
e bear trap prior to the last meniiont
: date. and that it would work irr