Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-10
WRITTEN OPINION IS
TO Be FILED LATER
Court Holds That Complaint
States Cause Of Action and
That Attorney General
Was the Proper Person to
Bring It.

The supreme court this morning
overruled the demurrer Of Defendants
r. s. Sheridan and G. o. Brcxon, in
the Capital News contempt case and
announced that the ruling Of tho court
was that the complaint stated a cause
of action, that the attorney general
was the proper plaintiff instead of the
state of Idaho as contended by the at
torneys for the defendants named, that
the ballot case was still pending at the
time that many Of the articles COM
planned about were published and that
the court had Jurisdiction.
The court did not so state, but It is
understood that in holding that the
ballot case was pending, the court lays
down the law that all cases shall be
considered as still before the court un-
til the time for rehearing allowed by
the court shall have expired notwith-
standing the formal decision of the
court shall have been announced and
published and Notwithstanding the
proper officials, as the secretary OF
state and the various county Officers,
as i'm the ballot case, had carried into
effect the decision of the court Chief
Justice Stewart who announced the
ruling of the court on the demurrer,
also announced that the formal opinion
of the court would later be written ana
| filed. The full effect Of the ruling
upon the demurrer cannot be known
until this Is DONE
Upon the announcement Of the rul-
ing Of the court. Mr.. Bogart, as attor-
ney for the defendants named, asked
for reasonable time in which to pre-
pare answer to the information, stat
/ ing that his firm had not been called
into the case until last Saturday after
noon; that they had been busily en-
gagged until 4 o'clock yesterday after
noon upon the demurrer and that they
had not had opportunity to discuss
with the defendants the kind OF answer
| they wished to make. He stated that
| in making the request for time, he
would like to have until the first day
of the January term Of tho court.
| Chief Justice Stewart at once an.
nounced that the court would not
grant that much time I'VE have all
ready refused a continuance In this
case" he stated, and then announced
that the court was willing to grant
what 1t considered a reasonable time.
which after conference with his col
leagues. Justice Sullivan and Justice
Ailshie, both Of whom were on the
bench, he announced that the defend
ants would be given until Dec. 20 to
file answer.
eosart Misquotsd.
Before taking up the case, Mr.. Boz
CART addressed the court when he
read a paragraph from the morning
paper which represented him ana Mr..
Mr. Hasbrouck as declaring that the
defense of the defendants, Sheridan
and Broxon would be the truth OF the
articles published. Mr.. Bogart re-
garded this as intending to prejudice
his clients while the action Of the court
on the demurrer was under considera-
tion. He denied thst he had made any
such statement to the Statesman or
to any reporter of that paper Tho
following proceedings were had this
morning in the case:
eosart's Complaint.
! Mr.. Bogart: "At this time I desire
to make a statement to the court with
reference to certain article that an.
peared in the Statesman this morning.
The Statesman says:
Yesterday afternoon, Mr.. Bogart
and Mr.. Hasbrouck both announced
that in the event the demurrer should
be overruled by the supreme court that
an answer would be filed by the de-
PENDANTS. Sheridan and Broxon, in
which It would be set up that the arr
ticles printed by the evening paper
concerning the supreme court ana the
decision of the court are true
Il want to say that there never was
such an interview with the statesman
/ M vrAv