Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1918-08-13
COMMUNICATION

ty attorney, there are numerous state
ments as to the law and various facts
and inasmuch as every statement in
the announcement is deliberately false,
L feel il my duty to answer the state
ments made.
Mr. Henry states that: IF elected,
| will do the business of the county
and the county commissioners Will
not be allowed to employ counsel at
the expense of the people of the coun-
ty to do the county attorneys work"
Does Mr.. Henry mean to insinuate
that il he is elected county attorney he
will be able to control the actions of
the county commissioners? Section
1917 Idaho Revised Codes, as amended
by Chapter 143, Session Laws 1913,
provides as follows: 1.-THE boards of
county commissioners in their respec-
tive counties, shall have jurisdiction
and power to direct and control the
prosecution and defense of all suits
to which the county is a part in inter-
est, and employ counsel to conduct
the same, with or without the county
attorney, as they may direct" This
action has been before the Supreme
Court of Idaho and the power of the
county commissioners to employ coun-
sci sustained in the case of Anderson
VS.. Shoshone County, Idaho rs.
Mr. Henry further states: Il am in
formed that the present county attor-
ney has been telling that it is the
town councils duty to enforce the
liauor violations. This Is not true.
That is made the county attorneys
duty by law" If Mr.. Henry means
that | have stated that it is the town
councils duty to prevent violations of
ha lax / n mi having
such statement and still insist that it
is their duty, but l can scarcely adj
NIT that | have ever stated that it is
their duty to enforce the liquor VIC
lations."
A little more than a year ago when
Mr.. Henry was a candidate for posi-
ton rs one of the trustees of the Viii
lage of Bonners Ferry, he went from
one end of the town to the other vo-
ciferously claiming that there was
more liquor being sold in Boomers
Ferry than at any time even when the
State was wet and that houses of i'll
fame were running open and motor
iously and that il he was elected to
the town board, he would clean up the
town, arrest the bootleggers and close
all houses of ill-fame. If 1t is not
true that it is the duty of the town
council to enforce the liquor viola
tions, why did Mr. Henry state that IL
elected to the town board, he would
enforce the prohibition law? 1t is
not necessary to mention the num-
erous town ordinances in respect to
these matters which Mr. Henry took
oath to enforce: they are matters OF
common knowledge.
Furthermore, the same law which
NJ aft In, h rfi ms
Session Laws of 1911, page 33, Sec
ton IL, makes it the duty of all sher-
ifs, deputy sheriffs, constables, mar
shalls, mayors, and police officers of
cities and villages to assist in the en-
forcement of the law.
The same law further provides in
Section IL, that any qualified elector
of the county may employ an attorney
to assist the prosecuting attorney to
perform his duties under this act and
such attorney shall be recognized by
the prosecuting attorney and the court
as associate council in such proceed
ings. Mr.. Henry claims to be law
yer and he claims to cite law in his
announcement and he must be charg-
ed and bound under his various claims
and pretentions with knowledge OF
the laws of the State of Idaho; yet he
has taken no action and done nothing
to assist in the enforcement OF the
law.
Mr.. Henry further cites: Marshal
Bangs, while here, found liquor in the
Riverside hotel on the person of Col
Inns; | ordered the marshal to arrest
the man, which he did. The case
turned over to the county attorney, he
plead guilty to selling liquor and this
man is still running the same place
YET
Mr.. Henry's statements in regard
to this matter are deliberately false.
The facts in the above case are as
follows: Marshal Bangs found liquor
in Collins room at the Riverside hotel
on the afternoon of May 4th, 1918.
Bangs did not arrest Collins at the
time and reported the matter to me
about seven o'clock on the evening of
May 4th; l Immediately went to the
residence OF Probate Judge Hender-
son, who came to his Office and | then
filed the complaint charging Collins
with having possession of liquor.
The warrant was delivered to Sheriff
Dunning, but he was unable to serve
the same as Collins had beat it,;
Collins was arrested one week later,
on May 18th, by Sheriff Dunning, near
the boom camp of the Boomers Ferry
Lumber company and unless told by
Collins, Mr.. Henry had no knowledge
of the liquor being found in the River
side until after the warrant for Col
Inns arrest had been issued. The
facts as to the issuance of the warrant
and the time of Collins arrest appear
in the records of the District Court
Collins pleaded guilty to the charge OF
having liquor in his possession and
was sentenced by Judge Flynn to forty
days in the county Jail and he served
his time.
Mr.. Henry further states: THE law
makes it the duty of the county attor-
ney II one is found guilty of violating
the liquor law to make application to
the District Judge and the premises
will be enjoined and closed up for all
business. This has not been done:
Session Laws of 1911, page S3, Section