The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-12-06
ATTORNEYS OBJECT
TO STEELE AS JUDGE
CONTENTION THAT LATAH
COUNTY JUDGE HAS NO JURIS-
DICTION ENDS TERN.

WALLACE, Idaho-A sudden halt
was brought to the session of the dis
trict court being held here by Judge
Edgar c. Steele of the Second Judicial
district, who came here last Wednes-
day at the request of Governor D. w.
| Davis to hold term of court pending
appointment of a successor to the
late Judge William W. Woods, when
numerous objections attacking the
jurisdiction of Judge Steele were filed
today when criminal cases were under
consideration. Notice of filing the OBJ.
jections had previously been given
and Judge Steele called a meeting Of
members of the Shoshone county bar
to discus the question.
At this meeting the opinions Of
members of the bar were divided The
statutes and constitution provide for
judges holding court in districts other
than their own. Judges of one dis
trict may request judge in another
district to hold court in his absence.
or disability, and, to relieve congest-
ed docket, two judges may hold court
at the same time. Another section.
provies that the governor may call
upon any district judge to hold court
in another district and states that "It
S0all De MS QuCy TO 90 so.
Law Said to Be Vague
The statute and constitution are
both uncertain on the point whether
this applies when there is a vacancy.
In case of a vacancy, as exists now,
appointive power. This is where men,
bers of the bar divide in their opin-
IONS The majority are of the opinion
that it is the plain duty of the gov
ernor to fill the vacancy by appoint
ment and that so long as vacancy
exists he has no right to send in an
other judge to hold court.
Judge Steele, while not admitting
that he had no jurisdiction under the
request of the governor, suggested
that there might be some doubt IN
the matter, and owing to the large
expense to which the county would
be put if he overruled objections and
proceeded with trial of case on the
docket in case the supreme court even
tually held that he was without juris-
diction, decided that it would be good
policy to relieve the taxpayers of any
expense and discharged
the jury, and all criminal business was
suspended to hear civil cases in cham
bers.
Political Move Seen
Opinion is divided here over the
real motive of raising the question OF
the authority of the governor to send
in another judge to hold court when
the jurisdiction of Judge Steele is un-
questioned if no objection is raised.
In some quarters it is argued that it
IS a political move to force Governor
Davis to fill the vacancy without fur
her delay after he had announced his
intention to appoint Albert H. Feath
srstone, of Wallace as soon as Mr..
Featherstone, state senator-elect has
the session of legislature, !
which will adjourn about March 1.
1t is known that considerable dis
,ension was aroused over the gov
srnor's announcement and it is quite
acknowledged that present
action is caused by desire to ''lay
lown" on the governor 1t is known
hat Governor Davis has been inform
ID of the trend of events here and
t is anticipated that, having provided
he district with Judge to hold court
,ening appointment of Mr. Feather
tone, he will be relieved of criticism
or delaying filling the vacancy. On
he other hand, it is stated that ad-
Tantage was taken of the situation by
aising the question of authority to
elay trials of liquor violation cases.