The daily star-mirror. (Moscow, Idaho) 1911-1939, 1915-12-15
TRACT INDEX
RAISED RUMPUS
COUNTY BOARD OF COMMISSION
ERS AND PROSECUTING ATTOR.
NEY AT LOGGERHEADS
Sharp Controversy Arises Over Meth
cd of Handling Case in
Supreme Court

SlOnerS and Prosecuting Attorney
Frank L. Moore are at loggerheads
over the manner in which the appea
is to be handled in the supreme cour
in the Tract Index" case in which
Joseph Reilly, a citizen of the county
endeavored to restrain the county
board from employing additional hell
in compiling the records, the court
having found in favor of the commits
sioners. The board contends that il
has the authority to direct how the
prosecutor shall conduct the case
while the latter holds that as county
attorney he is the sole arbiter as tc
how such matters shall be handled
in court.
| 1t became known today that warm
| letters passed between the board and
the prosecuting attorney, the latter
advising the board as to his duties
under the law and the board retort-
ing with threat to employ other
counsel to handle the case. The con-
troversy arose over the action of the
county attorney entering into stip-
ulation of facts with the attorney for
the appellant as to what shall be pre-
sented to the supreme court. To this
the board objected, holding that the
attorney should carry all the evidence
in the case to the supreme court. The
prosecutor is of the opinion that only
the law phase of the case is necessary
for the supreme court to review.
1T is the order of the board that
you do withdraw the stipulation filed,
and that no further stipulation be
made by you on behalf of the board
without first consulting the board.
SAYS the first letter written by Homer
e. Estes, clerk of the board to Mr.
Moore, which precipitated the con-
trovercy Continuing the paragraph
says: 1.-THE board asks that you get
into communication with them i'm
mediately in the matter"
In a voluminous reply Mr.. Moore
calls attention to the statutes on his
duty as prosecutor and adviser OF
the board and in part says: Il DO
not know or understand by what au-
thority you understand to command
me how I shall conduct the litigation
of the people of this county, Con-
cluding his letter following the quot
ing of Idaho statutes, he says:
s'Under the laws above quoted
am the legal adviser of the board. but
| am the adviser of the board only as
the board represents the people of the
county, and that advice is only upon
the rights or interests of the people
of the county. | am not the ADVISER
Of any member of the board in his in 1
dividual capacity. In this respect |
will try to do my duty, but as to how
I shall conduct law suits when the
is party, or the officers OF
the county, in their official capacities,
are parties, / shall exercise my own
Judgment and discretion in what
deem to be the interests of all the
people,"
This letter brought hot rejoinder
rom the board which in part is as
'ollows: sYou have refused to act as
he attorney for the board and tc be
controlled and directed by the beard
n this matter, and your refusal is in
)lain violation of your duty, and in
)lain violation of the law and of the
lights of the board
Another paragraph in the letter I'M
,lies the purpose Of the board TO em-
,loy special counsel to handle the
ase, as follows. you have placed
he board in a position where they
annot do otherwise thantmploy spe-
ial counsel in the matter"
Mr.. Moore's last letter in reply to
he second letter of the board is also
oluminous and contains meat for the
pellbinder The gauntlet is thrown
own to the board in the following
'In reply to the same (the boards
etter) | would say that ! will try and
OF be as insulting and personal as
ou are, nor will make any threats
S to what I am going to do, either
ow or in the future.
Il do say, however, that you have
O right to dictate to me how | shall
y a case, nor what stipulation |
1all make or any agreement | shall s
lake with opposing counsel in any