The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1913-02-06

Oh, X. 5. Sheridan and A. X. CruZen, |
defendants.
II. w. HART,
CLERK"
A second receipt for exactly the
same amount given in the name of
G. o. Broxon and a third one in the
sum Of 1888 given to A. r. Cruzen,
show how the sum was made up and
where it comes from. All the money
was paid by r. S. Sheridan by check
tie same as indicated in the receipt
reprinted above The Cruzen check
covers the fine of $500 levied against
HIM as we'll as costs which We're like
wise assessed against him.
The whole Of this amount of mon.
ey paid Saturday afternoon to l. W.
Hart, clerk of the supreme court of
the state, is the amount of fine lev
led against the three defendants
above named in the recent contempt
proceedings brought by instruction
of the supreme court tried by the
justices Of the supreme court in
which the defendants were convict
ed by the supreme court and fined
5000 each by the supreme court to-
gether with costs amounting to $3.50
ASS 81 cd against A. R. Cruzen. The
fines were in addition to jail SEN
tence CT 10 days imposed upon each
OF the defendants
In rendering the decision in the con-
tempt case the court held that the
statutes of the state defining con-
tempt and which do not make the
cha e upon which the defendan S
wer. trieG come within such defin-
ition were nc effective to prevent
the supreme 'nUrt from defining tn
offense and in applying such dsfini-
ton to the facts as disclosed in the
! particular case before them 1t was
| also held that tbs legislature has nc
power to enact any laws effective
,lptn the subject. 1t was likewise
held that the legislative enactment
limit ng the penalty to tie maximum
Of Imprisonment for five days and a
fir" Of $40 is not applicable to the
supreme i."lt. VI was also held that
the les 'sll .e ta> not the power t.
enaHt an, ',u .,pc, the subject that
would be binding upon any court OF
record in the state of Idaho.
Property Held for Amount.
The supreme court, in addition tC
sending each Of the d PENDANTS to jail
for ten days, directed that any prop
erty that thy may have should be
held fer tie fines assessed against
them and it was directed that unless
the fines should be paid within thirty
days from the date of January 2, ex
ecution for the seizure and sale Of
their property should issue. w
1t was up to defendants to pay the
sentence, or have their property seized
by officers of the court, sold under
the hammer and title vested in 9th
ers. There was no appeal possible
from this judgment and no review
allowed by any court.
1t was decided by the defendants
to pay the fines.
1t was first the intention to hire a
dray and haul over to the clerk of the
court the amount of fines in pennies
contributed from every scctit n of the
United States and from several points
in Canada, but no reason appeared
why the clerk should be put to the
discomfort CT having to count the
pennies or to refuse to accept then
on the ground that they are not lie
gal tender in payment of such a debt
Instead, the pennies were place
aboard dray and taken to a loca
bank and deposited and the fines pait
by check instead of by penny contri
buttons made.
Missouri. outside CT Idaho, led il
the contribution of pennies to tn
fund started by Senator Dow Gun
ming. Undoubtedly Kansas, however
is entitled to some of the credit tina
is here given to Missouri because tn
greater portion CT the fund was cor
tributed through the efforts of tn
Kansas City Star. whose editor b
the way. was Saturday given a ja
: sentence CT one day for contempt c
court by a district court JUDGE i
Kansas City Tho fund raised thor
amounted to $50. which was tn
largest single remi tancd received
:. From that the remittancos decrease
. down to thousands of them contain
= ing but a single cent sent from neal
ly everywhere
Where Will the Money Go.
Clerk Hart was asked what woul
become of the money paid in. H
declared that he was unprepared t
u