Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-03
AND EDITOR
OF THE CAPITAL NEWS
CITfDf0RC0NTfMPT
CONTINUED from First rase).

LEGATION is made separate exhibit and
charge in the information, which covers
"a typewriter pages.
The first exhibit Is a reproduction Of
an editorial published before any suit
was filed asking that the secretary Of
state be restrained from certifying the
names Of the Progressive candidates.
In that editorial confidence was ex-
pressed in the majority of the supreme
court that 1t would not render a judg-
ment, should such a case be brought,
upon any narrow. technical construc-
ton of the law. The editorials ex-
pressed belief that the Republicans
would not be successful in such q suit
This editorial the attorney general
charges. tended to bring the above
described supreme court Of the state
OF Idaho, and the Judges thereof, into
disrepute, and lessen the respect due
the authority to which said court
is entitled, and is :. contumacious
attack upon said supreme court
and the judges thereof. and Is de-
famatory, and was calculated to impede
the administration Of Justice" The
first paragraph of this editorial is us
follows:
THE Republican, Of Idaho. being
dominated absolutely by the same ele-
ment which opposed the expression OF
the will of the people Of Boise relative
to commission government when they
tried to prevent the people from gaining
control Of the municipal government,
will now, through the courts, attempt to
prevent an expression of the will of the
people and an effort on their part 10
gain control of the government in the
state"
This appears to have been the only
comment made until the decision was
| announced when there was frequent
comment all during the campaign and
some following It. OF the 81 exhibits
containing articles alleged to constitute
contempt, Is are editorials, 6 are news
| stories. and are the messages from
Colonel Roosevelt.
The information.
The Information In the case which Ia
entitled d. c. McDougall, attorney gen.
eral Of the state OF Idaho. plaintiff
against r. 8. Sheridan. c. o. Broxon
and A. r. Cruzen, Is as follows:
| Comes now D. c. McDougall. al
attorney general of the state Of Idaho
by order and request OF the supreme
| court Of the state Of Idaho, and re-
spectfuliy represents and shows:
II. That the Evening Capital News
Is a newspaper published daily al
Boise. county of Ada, state OF Idaho
said paper having a wide circulation
and being widely read by citizens 81
the state of Idaho. and especially by
citizens Of Ada county, aforesaid:
"2. That upon the eighth day Of DC.
tober. 1912, there was filed in the above
named court a certain proceeding and
action entitled State of Idaho, ex rel
Spofford versus w. L. Clifford as secre.
tary of the State Of Idaho; said actor
and case was decided by the above
named court on the eighth day Of DC.
! tober, 1912; motion for rehearing wal
i filed in said matter on Oct. Is, 1919;
said petition and motion was denied
Oct. 20. 1912.
IS. That the above named defend.
ant. r. 8. Sheridan. 10 now. and fol
many years heretofore has been tn.
owner and business manager Of sait
Evening Capital News aforesaid, and
in his capacity as such owner and bus
mess manager, in conjunction with De.
PENDANTS Broxon and Crusen. has, n
plaintiff is informed and believes. and
therefore alleges. controlled and die,
tated the policy Of said Evening Cap
ital News aforesaid. and has. as afore.
said, commanded, controlled, governed
and dictated the matter which has ap,
peared in said newspaper during tn
time he has acted as such owner ans
business manager.
u. That the defendant. c. o. Brox
on. is'now, and for long time hereto
fore has been the managing editor o
said above described Evening Capita
News. and in his capacity a. said man
aging editor has. In conjunction witt
J Defendants Sheridan and Cruzen. die