The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-10-24

the board OF county commissioners OF
this county In session at Occur d.
AleIe returned a decision In the
local option petition case rejecting
the petition on the grounds that there
was not enough legal signatures of
vnters to make the 40 per cent of
votes cast at the last general cleo
tion as required by law All day
Wednesday the board which was 10
session at Occur d'Alene listened to
the arguments of the attorneys en-
pIoyed on both sides TO argue the
matter and at $3.50 p N after the
Termination of the arguments which
had occupied the time after 8 80 an
announcement was made by CHAIR
man Downie that decision would be
reserved until Thursday as the com
missioners desired time to further
investigate the legal questions In
volved
The following is the report as re-
cleved at this office from a special
staff representative Of the Press re-
gardIng the meeting:
The arguments attracted a large
crowd TO the commissioner rooms
throughout the day Prominent men,
adherents to the respective sides OF
the issue. we're present, among them
being Kew Harvey. Mr. Scott and V
Braderiok of this city
James V Hawkins Of Occur d'Alene
presented the Issue for the opponents
TO the petition o L Heitman of Rath
drum represented the local option
lists Ia the arguments Authorities
we're cited to the commissioners
voluminousIy by respective counsel
The Issue mainly emphazied by
Hawkins was the question of the
commissioners jurisdiction to call
an election In view of the numerous
illegallties alleged by the opponents.
He called the boards attention to
the tact that the voters who had made
affidavit to the legality Of the peti
tion and all the names tl ereon had
after ward declared, upon being cited
to appear, that they had not prev
lously verified the names as to their
regularity and asserted that, now
that the allegations are fairly we'll
known, no one could come In and
verify the petition by affidavit with
out committing wilfull perjury He
atsolved those making the affidavit
from any intention of committing
an offense under oath, however; but
declared that in the manner In whioi
tine petition was presented no one
could make affidavit without at least
months investigation into all thu
names
Mr. Hawings declared that no on
has authority to vary in the slightest
detaiA fyom the plain requirements o
the skafpte on the question; aud hi
believed chat opposing counsel coul'
not have been Of serious mind at th
time previously be stated that an,
person had the legal right, under th
statute, to sign the petition for an
other; further, that the statute cou
templates a complete verihoation o
the petition by persons making atfi
davit after being fully conversan
with all the facts; and this beiu
so, the petitioners have no right no.
to ask the commissioners to order Ia
election based upon a petition
which, it was alleged. there are 8
many Irregularities, causing It to :
III egRl ia so far as it's suffioiency o
the basis of 40 per cent of the voI
cast In the last general election
The attorney further declared tbs
no presumtion of the petitions les
ality is permissible to the commi
sioners in arriving at their Hndinf
Jurisdiotional facts must appeI
affirmativsly by the record otherwil
an action can not be ordered legal
under the statute; and further, Il
commissioners action, II an ele'
tion is called, must be based upo
the law as to withstand the resistant
of defendants later who are charge
with "boot logging, in the evel
the result OF the election is to clio
the licensed saloons
Here the attorney Cited sever
authorities, showing how supreu
tribunals have held that nothing o.
be read into nor suhtracted from st
tutes By courts or bodies OF inferi
jurisdiction
Attorney Heltman for the petItlo
ers introduced his remarks by glvi
stress TO the right OF peti tion, he
sacred In federal and state oonsti
utions. and that Il was the comml
sioDers' duty to carry Into effect {
laws as found. instead of being l
fluenoed hy legal teohnicallties
declared that the petition folio
the exact wording of the statu
which does not require the str
formalities cited by the opposite
He quoted from the state suprel