Evening capital news. (Boise, Idaho) 1901-1927, 1916-03-16

President Axei p. Ramstedt Of the
public utilities commission, has been
requested by the officials OF the Idaho
state Tax association TO present to
them preliminary plan for the es-
adjustment OF q state bureau OF ac-
counting and inspection. 1t is hoped
10 secure the enactment OF Law dur
ing the next session OF the legislature
creating such a department
The department Of education has
been informed that the Kappa sigma
chapter, the pioneer fraternity at the
University Of Idaho, will erect new
home at MOSCOW costing $4,000. Work
win commence on the edifice early this
string. It will have enough rooms to
accommodate SO men and guests,
DIR. w. H. Mckenzie OF sthe United
states department Of animal industry
is in the city on department work and
took advantage Of the opportunity to
call at the state veterinarian and bac-
teriologist departments. DR.. ]. d. Irwin,
Caldwell veterinarian, vas also
caller at the state departments rela-
tive to a stock disease similar to the
one in Franklin county, that he's
broken out near Caldwell
II flowers can make the state house
grounds beautiful state Treasurer
! EagIeson proposes to see enough Of
them arc planted. He had the garden
ers busy yesterday planting sweet peas
Of the very choicest varieties.
Charles L. Hoffman OF Rathdrum,
known as the big little man Of the
north" Is in the city on legal bust
ness While refusing to discuss poll
tics the former chairman of the Re-
publican state central committee is
taking advantage OF the opportunity
while in the capital to look carefully
over the political situation.
Thomas II. Hamer is looking over
/ the military prospects Of Idaho now
that there is a possibility of interven-
ton in Mexico. Colonel Hamer is in
the city. He is one OF the first to offer
his services and some time ago, when
q similar crisis existed, offered to re-
cruit regiment Of cavalry.
The supreme court holds in an opn-
ion handed down last night that de-
PENDANT cannot be put on trial in a
ty. police or municipal court charged
/ with a common law offense without a
preliminary examination The de-
cision was rendered on the appeal in
the ease Of the state OF Idaho versus
itrrs
affirms tile Judgment OF Judge John M.
FLYNN rendered in the Eighth judicial
district court which dismissed the
charge against Frederic, that Of having
liquor in his possession. 1t seems Fred
eric was tried before g police court
judge The supreme court holds that
police court judges are only empowered
to act as committing magistrates in a
case OF this kind and have no right 10
administer punishment After Fred
cries conviction in the police court
where he was fined $50, he carried on
appeal to the district court where
Judge Flynn dismissed the case. The
state then appealed to the supreme
court. Passing on the case the su-
prone court says:
I'VE are fully satisfied that It was
not the intention OF the law making
power or this state to authorize rnu-
inequalities to prohibit by ordinance
ac.s which, under the general laws oi
the state, are made indictable nisde-
meanors. and to infliet punishment for
the commission thereof, aud that tbs
legislature Is prohibited, BY section 5
article 1, of the constitution. from con-
ferring such authority upon them.
we have, therefore, reached tbs
conclusion that the police judge in the
case at bar was without jurisdiction
except as a committing magistrate:
and that the ordinance OF the city Of
Occur d'Alene, attempting to confer
jurisdiction upon the police magis.
trate to summariiy try the defendant
and lnfliet punishment for an aei
which, under the state law. constitutes
an indictable misdemeanor. is null
and void"
Once tried always usea HIAwATHA
COAL, phone 1928. Western S. & @. Co
I .