The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-06-10
The Delay Oh The Laws
Another Sensational Feature Injected In the Oscar omi'h
Habeas Corpus Proceedings Smith Still Claims mat
He Is Unjustly Charged, But Is Fighting Hard
Against Appearing In Eureka Court

writ Of prohibition and. Of course. is
anticipatory in it's nature. making pro-
vision for an act which it is represent
ed, is about to take place.
Il says that on June 3 comes the
petitioner, o. J. Smith, and says that
Judge Moran has announced that on
June 3 in the afternoon at 2 O'Clock be
will hand down his decision. That
petitioner has made it to appear thai
this case has been dismissed. Further.
that in the knowledge Of the court its
own particular writ Of habeas corpus
is now in good working order or words
to that effect. Now then we command
you Judge Moran. the writ says in
substance, that you desist from all
further proceedings in this case just as
soon as you get this writ aud keep on
desisting unless you show good cause
to the contrary. That on June %
whatever good cause may be, q BE-
shown to the cour why any change in
the order need be made.
Judge Moran was questioned last
night as to whether when it came to
be June % he would make any show
ing before the Supreme Court. He
declined to say whether he would or
not, but it is believed that either he will
make some reply or the attorneys for
Eureka County will take the matter up
and make a showing.
In the meantime. however. on June
IL the writ Of habeas corpus issued out
Of the Supreme Court will be return
able. At that time, it is presumed
there will be a pretty comprehensive
showing on points Of law before the
upper Court, sitting as a Court OF
original jurisdiction in this matter but
still having weighty dignity, in the con
sideration Of the constitutionality and
applicability OF the laws involved.
The entire matter, it is conceded. is a
lovely legal conundrum such as makes
the heart Of lawyer glad. Just what
the district attorney aud the sheriff
of Eureka think about it, has not been
written. 1t is known, however, that
the sheriff has still a number of war
rants in his pockets and that had Judge
Moran's decision been handed down and
been against the petitioner. the sheriff
would have served the warrants.
Concerning the relative merit Of the
two writs Of habeas corpus and what
would have happened had not the pro.
hibition come down, there has been
some discussion. 1t was pointed out
by one lawyer that a writ OF habeas
corpus issuitg out Of the Supreme Court
had no greater virtue than a similar
writ issuing out of the District Court,
disregarding the relative dignity of the
officers. That the procedure was the
same in both cases aud one was not
regarded as higher than the other mere
ly because one Court was higher than the
other. With this in mind it is said that
had not it been for the prohibition
Judge Moran would have disposed OF
his writ regardless Of the other. which
was based on another set Of facts. An,
~ticipating this possibility. the attorneys
for Smith provided against that con
tingency by applying for the prohibition
Ii is said further that there is a pos
sibility that the upper court was misin
formed as to whether the proceeding
in the District Court had been actually
dismissed and that it is still a question
whether it had been dismissed, and tina
when the Supreme Court finds with
greater certainty than has been re.
vealed by the ignoring of the dismissa
that the case may be still pending. il
will withdraw the prohibition of it,
own motion.
Nobody knows just what Judge Mo
rams decision would have been had hs
been permitted to give it. The suppo
sition naturally is that it would hav,
had the effect Of remanding Smith e
the custody Of the officers of Eureka
County.