Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-10
TIME IS GIVEN Defend.
ANTS TO ANSWER
CONTINUED from First Page.)

c. McDougall, attorney general, versus
Sheridan and Broxon--in this case the
could will announce the conclusions
that we have reached upon the demur-
rer and the opinion will be prepared
later The court holds first. that the
information states a cause of action Of
contempt; second, that the case Is
properly entitled and that the attorney
general is the proper party to bring
it; third. that the facts alleged in the
information show that at the time
these-many of the articles were made
there was a cause pending in this
court, that of Spofford versus Clifford;
fourth, that the court has jurisdiction
and the demurrer is overruled.
what do you desire to do, gentle
men?"
Mr.. Bogart: AT this time, we
would ask for a reasonable time In
which to answer the information and in
asking for that time, we desire to say
that we were engaged in this case at
IL or o'clock Saturday afternoon;
from that time up to yesterday after
noon at o'clock, I had no time what
ever to take up the matter Of the de-
murrer and had no consultation with
my clients as TO what they desired to
do regarding an answer to the COM
plant. We believe that we should
have some time to prepare it,"
Justice Stewart How much time
would you like, Mr.. Bogart?"
Mr.. Bogart: 1--WE would like, II the
court please, to have this case go over
to the first day of the January term
Of court"
Ten Days Allowed.
Justice Stewart: "The court won't
give that time, Mr.. Bogart, without
some reason. We have denied the
motion for continuance-and GER
tainly IL you are familiar with the
law in this case, it won't take you very
long to answer this information I'M
der the rules governing cases of this
kind and the court is perfectly willing
to give tine-what they deem time in
cases of this kind for counsel to an
swer."
Justice Stewart latter consultation
with associate justices): "This is the
10th-the court is inclined to be a lit
tie liberal with you in this case, Mr.
Bogart; usually in the trial of cases
when 1t Is possible and when the is
sues are not very extended, short
| time is very often required by the
counsel, and In this case, the court is
| inclined to give you the time that
will give you ample opportunity tc
make an answer in This case and the
court will give you ten days, and yor
will be required to answer in this
case on the 18th Of December--sever
days, ! mean--ten days would be the
20th--the goth of December: at that
time, if there is no objection to the an
swer, the case will be on that date sci
for trial, II there is no objection tC
the answer. the court will then fix the
time for trial; the case will be con.
tinued to that time, the goth day o.
| December"
| Mr.. Fraser: "The court means the
case will proceed with the taking o,
evidence?"
Justice Stewart: THAT is the tim.
the answer is to- che filed, on the goth
and If no objection is made to the an
swer at that time, we will set the case
for trial, probably the next day"
| Mr.. Fraser: "That applies also t.
the defendant, Cruzen?"
| Justice Stewart: ITO all the de
PENDANTS. If no objection is made t.
the answer on that day. the case will
PROBABLY be called at an early day
after that; we will not fix the date
however, at this time"
|