The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1918-03-29
BREATHING SPELL IS
GRANTED TO BOARD
DEMuRRERs FAIL The BOARD
OF COUNTY COMMISSIONERS.
BUT THE HEARING is PUT ov-
ER TILL JUNE.

Eu I'LL JUNE.
Judge Ensign began hearing the
custer proceedings against the board
of county commissioners last Friday
morning. Il developed at the very
opening that the defendants had
staked everything on their ability 10
knock out the prosecution not on the
merits of their defense but by way
'of demurFers. technicaIIties and
bubbles. Senator whItoomb made
the principal argument on this line
OF defense, saying in the course OF
his address that the prosecution
was malevolent and not directed bv
desire 10 subserye the public good.
This is the usual resort OF the lawyer
to dlscredit the opposition. was
therefore confession of weakness
even In the shifty demurrers inter.
posed
On the part OF the prosecution Of
the suits A. G. Cherry revIe&ed A.
length the matters at issue, frankly
admitting that on three points the
complains are faulty In that the allie.
cations we're properly to be brought
pder criminal proceeding and not
for an custer, These points were
stated to be those wherein Commits
sioners Mckinney and Grubb had
used and appropriated county
properly 10 private use. Mr. Cherry
made reference to the statement OF
defendants counsel that the prosecu.
tion was malevolent. declaring that
the standing in the community OF
Messrs. Smith, Havemann. yiel. Py.
eatt and Kane. who made the
charges, was sufficient refutatIon
as 10 that
Unfortunately the hearing on the
merits Of the case could not proceed
at once for the reason that defend
ants were not ready. They had re-
lied on the resources of able coun-
sci 20 saYe them from trial and had
not therafnTe aummoned a single witt
ness though they claimed they had
numbers OF them 10 come from the
state OF Washington. All the On.
] 'aNtNh W ANA0NAAEAMA lawyers NHfN
could employ had been exerted TO
;hwart pursuit, Their devious doIngs
are shown in tale OF wrongful acts
that commenced even before they as
sumed office. Their written record or
proceedings shows all this and more.
The prosecution requires not an oral
word Of testimony TO strengthen the
eight or nine counts in the indict-
ment. The case OF the defense
stands on that record too. The coun-
ty commissioners are corporate
body and must be judged on their
record
Judge Ensign was full of court bus
mess of his own district he said and
could not return 10 Salmon earlier
than In June for the reopening OF
this hearing This would put OF the
disposition Of the important case for
three months covering the period of
the expenditures OF what Ii left OF
the bond issue that so far along the
commissioners have misapplled ac-
cordlng TO the allegations OF the com
plant against them For this reason
among others the delay IL most un-
satisfactory TO the people of Lemhi
county who are long suffering from
the laws delays in the same connee-
tion. for numerous appeals from al
lowances by the same board OF coun-
~ commissioners are still undecided
although presented TO the district
court longer than two months ago
The record OF the officials them.
selves furnishes the evidence pro
and con.
The jurist sitting in the custer
cases impressed those who hearI
him with bis earnest desire TO hear
patiently and judge Alright in all mat.
ters brought before him. He won suc-
cess at the bar in the practice OF hls
profession and stands high In the
legal profession. Il was his first Wis
II TO Salmon. He found time 10 meet
with great many people socially
while here.