The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1918-11-26
CUSTER COUNTY
in AN UPROAR
Enforcement of Rules
Regarding Quarantine
Causes Some Excite
ment.

. For couple Of weeks in the early
. part of November Custer county anG
. the Dicttrict Judge f. J. Cowen, have
; been carrying on contention ovel
. the quanentine for influenza. The
. Custer county board of health quar-.
; antined a part Of the upper end o1
; Custer county including the town ot
; Challis, and established seminal on
) hte Willow creek summit, between
} Mackay and Challis to turn people
back who came over the road intend
ing to 60 into that part Of the county
that was quarantined. A party OF
Mackay hunters consisting Of D. v.
Archibold and others, desiring to
hunt deer on the upper ridges Of the
Salmon river, ran the blockade in
some way, but were taken into GUS
tody afterwards at Bay Horse or
Custer and were detained.
Judge F. J.. Cowen travelling from
Blackf0ot to Challis in company with
4. R. Jones, Clay Vance and some
attorney from Idaho Falls, disre-
garded the seminal on Willow creek
summit and went on towards Challis.
1t seems that the seminal telephoned
into Challis and party Of about
one hundred citizens blocked. the
road below town and challenged the
Judges party when they arrived
there. They informed the Judge
that the quarantine was no respector
of persons and the fact that he was
district Judge did not constitute a
passport to himself nor his associ-
ates and that they would have to
insist upon his obeying the quaran-
tine order the same as other people.
The quarantine was regularly and
legally constituted and that meant
no disrespect to the court or any of
its officials, but they would resist any
attempt to break the quarantine.
1t was evening and it was so miles
back to Mackay, and the citizens
suggested that the Cowen party
drive to the Challis hot springs and
put up for the night and if they still
wanteu to remain in Custer county
they would have the county coun-
Gil called into session to determine
under what conditions persons could
come into the county, who were pos
sibly carriers Of the disease. The
SUW GIL poi ~ ulu hOL dCI upOu LuG
suggestion and returned to Mackay
that Light. Judge Cowen telephoned
to the county clerk at onallis asking
him to see If some changes could not
be made in the quarantine regula-
tions and at meeting called for that |
purpose it was ordered that anyone /
desiring to come into the quarantined |
district could do so on the condition |
that they be isolated or held in |
quarantine until the danger of de- |
veloping the disease in themselves |
had passed and when 1t was thus as
certained that they did not carry the
disease they could thereafter mingle
with the people Of the district.
At some time during the proceed
ings, not clear to the writer. the
Judge ordered Sheriff w. J. Hunting
ton and G. L. Courtney, chairman of
the board of health. to release Arch
bold and his party from quarantine
or from what ever charge they were
being held upon for breaking quaran-
tine. This the officials refused to
do, whereupon Judge Cowen ordered
them to appear before him for con-
tempt Of court. Judge Cowen then
to the governor asking
for troops to assist him in enforcing
orders. The attorney general con-
,idered the matter and decided that
the emergency was not sufficient to
Justify them sending in troops to
quiet a disturbance when nothing of
The kind existed. The only violation
of law, that had occurred was that
The Archbold party ran the blockade
In the night, after being forbidden
10 pass that point and Judge Cowen
and his associates passed that point,
resting their right upon
The fact that Cowen was district
Judge. Il
1t is said that in a telephone con-
1ersation between Judge Cowen and
he county clerk, Il. ]. Michael, Judge ,
C0wen, on being informed of the 1
,nly conditions upon which he could /
enter the quarantined district, said {
hat IL the people of that country did
lot change their methods they would {
ret into a worse condition than I
spanish influenza could put them I
nt0. This so irritated and enraged 1
he people at. Challis that they called {
lpon the governor for troops to
the quarantine, but this re-
|uest was turned down on the ground g
hat requests for troops must come !,
rom the court and no other officer !,
ould legally ask for troops. OF :
curse the Challis people could not
et such q request thru Judge Cowen 4
0 oppose his own desires and there
he matter rested until r. 8. Madden,
rivate secretary to Governor Alex
nder, was dispatched TO Custer
ounty to straighten out the tangle.
In the meantime the chairman OF 4
he state board Of health was ap-
ealed to to establish marshall law 4
4 the district and he said that II
larshall law was established for any 4
urpose 1t would be to enforce the 4
which he found had been 4
egularly and legally established. II
Vhen Secretary Madden arrived he n
ffected some compromises and at III
his writing we understand that the II
pposition both ways has been II