The daily star-mirror. (Moscow, Idaho) 1911-1939, 1914-01-09
DISMISSED CASE
AGAINST PORTER
JUDGE STEELE HANDS DOWN IN
P0RTANT RULING IN DINING
CAR PORTER CASE.
Affects Prosecutions In Liquor Viola.
tiOns In Latah COunty-Appeal
viii be Taken.

In the dismissal of the action of tn
state versus L. Stafford by Judg
Edgar c. Steele of the district court to
day, an important ruling was mad
affecting the prosecution of liquor vic
lations in Latah county and in viey
| of the action by the court it is under
stood that County Attorney Nisbet vii
file notice of appeal and carry the ac
ton to the supreme court. The pass
ing on the points involved by the su
preme court will be important likewise
to the entire state.
Was Arrested Last Summer.
In the latter part of June of las
year, l.. Stafford, the colored porter OF
one of the Northern Pacific trains wa!
arrested for selling liquor on the Nor
thern Pacific train between Kendricl
and Troy He was charged with hav
ing made the sale without license
the complaint being brought under the
old statute which made it crime tC
sell liquor without a license. The
punishment for the violation of this
law is fine not to exceed $500. Prose
cutions for this offense could be tried
in the justice courts.
Conflict OF Statutes.
Under the local option law, viola
tions are punishable by fine not to ex-
ceed $500. In the prosecution under
the local option law, the charge is for
selling liquor within a prohibition dis
trict, and the justice or probate courts
merely have the power to hold pre-
liminary examination and bind the de-
fendant to the district court for trial,
according to the contention of the de-
fense. In the probate court, at the
time Stafford was tried, his attorney
demanded a preliminary examination
instead of a trial. This was denied
and an appeal was taken from the
judgment of conviction.
Prosecution is Limited.
The prosecuting attorney contends
that prosecutions may be brought un-
Ter either law. Judge Steele, by his
ruling, holds that the prosecuting at
,orney cannot prosecute under both
avs in Latah county; that all of La
ah county is prohibition district and
hat violations of the liquor law in
Iatah county must be prosecuted under
he local option law. VIM. E. Lee was
Lttorney for defendant Stafford.
Heard Divorce Case.
The time of the court today was de-
-oted to hearing evidence in the di-
orce action of Dora B. Starner VS..
William S. Starner. The case was
card behind closed doors, the par
les to the action are residents of the |
'otlatch section and a number of wit
esses were examined. The motion
f the attorneys for the defense for a |
on-suit was granted by the court and !
he decree denied.
Judge Steele granted decree of di- |
orce and set aside certain property |
4 the case of Pauline Norris VS.. Ben |
amin Norris.
District Court News.
The court continued for the term
le case of Rachel E. Curtis, an in
by L. G. Peterson, her
uardian, vs.. Chester l.. Curtis. In
lie case of Nels Sundquist VS.. Walter
ct al, the default of the de-
,ndant Crumrine was entered.
The court heard evidence in the case
Barnum Lumber and Construction
VS.. NJ G. Carlton and Bun
enland and took the case under ad
sement
Through their attorney, w. e. Lee,
avid & Ely Co. has brought suit
,ainst Pete King on a promissory
,te of the sum of $500. Attorney G. +
Pickett, attorney for B. T. Byrns, !
is filed an action against Frank E. E
eyes and c. j. Parker to quiet title I
certain lots in SunnysiGe addition. {
TomOrrOW the pOurt will hear the | ,
including arguments in the case of c
e First National Bank VS.. ~Theo. e. a
lrtinson, assessor, an action affecting a
2 assessment of bank stock under the a
W revenue law. i