Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1914-03-14
SCHOOL BOARD CASES
DRAWS CROWDED HOUSE
Judge Stockslager Renders Decision in Favor
of Defendants and Gives a Little
Good Advice to the Beard


ceedings against Kittie s. Cowen, al
clerk, and F. P. AXE as chairman o.
school board of District No. 6, the
case of C. e. Corker VS.. Kittie S
Cowen was called for 1:S0 p m. Mon
day, and adjourned until $3.50 Tues
day morning. 1t has been on tria
until the noon adjournment of Satur
day.
The voluminous record evidence
and exhibits introduced, as we'll as
the arguments of counsel, We're in
tenssly listened to by a packed
house.
Following is the Judges decision in
full as obtained from the Court
stenographer.
Owing to the fact, gentleman, that
the Court is very we'll satisfied that
this case will make its way TO the
Supreme Court, and another fact that
there is so much work in this District,
that | do not know that | will have
time to pay any attention to this
case further than / have already
heard it, and | do not think the tes-
timony will ever be fresher in the
Court s mind, even though | take
time to read the records and the
notes. l have had occasion to look
over them to some extent. In addi-
ton to all this there seems to be
some feeling and the sooner the mat
ter is disposed of, the better it will
be for all parties concerned. 1t is
very evident to the mind of the Court
chat conditions prevail here that are
not particularly benefitting the school.
Harmony in this school district is
distinctly essential as in any district,
and the better feeling that exists, the
better results you will have.
1t seems to be conceded gentle
men, that there was no graft on the
part of the board. Mr.. Howie has
made that statement repeatedly and
Mr.. Harvey and Mr.. Corker also, and
the complaint seems to be- more that
the school board and it's clerk, that
they did not publish the reports suf
ficiently instructive to inform the peo-
pie of the district generally, what was
being done with their money. The
Statutes seem to lay down a rule
that should be followed in this re-
spect and of course it is the duty of
an official to hew as close to the
line as possible-that should be done.
Intent and purpose is the essence
of all crime, and the crime cannot be
complete with the omission of one
thing and that is without the intent
to do it, and the question arises here
what was Mrs. Governs intent; what
was her purpose of publishing her re-
port. 1t crops out in the evidence
that she sought the aid of the school
superintendent; she sought the aid
of the State superintendent and also
sought the aid of the Attorney Gen
eral; and finally, before publishing
her last report as climax to the
complaint made of her report, she
sought the aid and advice of Mr.
Wolfe, an attorney who has practiced
law for number of years in this Co.,
and submitted a report to him, and
Mr.. Wolfe told her that the report
was sufficient. She had had reports
from the Attorney General, | believe,
and the School 2erintendent and
she had various forms, one prepared
by the County Attorney and another
gotten from the Syms-York Company,
and one from another source,
and as suggested by Mr.. HOWE she
had all those to assist her, and after
having the use of all those she
a report, and before Sub
mitting it for inspection of the peo-
pie took it to Mr.. Wolfe and had his
advice and she says, and which is
he thought the re-
port was a compliance with the Sta
tutes and she was apparently using
every effort to comply with the Sta
tutes.
Perhaps she is not as good a busi-
ness woman as Mr.. Howie and my
self are business men; she may not
the law as well as we
do, and for that reason she is ex-
cusable to some extent, if she did
not make as good report as we
would, and | might include Mr. Wolfe
and Mr.. Harvey in that If she
made the best report she could make
and sought advice of her attorney