Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1921-11-26
COUNTY ATTORNEY
CALLS Sporting
MEN TO TESTIFY
Holds an, Inquisition to
Find Where Hooch Comes
From. Law for Hearing.

What was termed third degree
proceeding by some OF the witness
es summoned, was held Monday be-
fore Justice of the Peace O. e. Nol-
ell at the instance of Prosecuting.
Attorney ". l.. Taylor to inquire
into conditions having to do with
alleged bootltgging in Elmore coun-
ty. More than 20 Witnesses were
summoned who were asked as to
their knowledge oIf Illegal sales OF
journed to be resumed next Monday,
at which time several more persons
are to be examined
After the hearing there was con-
siderable talk regarding the legal
ity Of the proceeding, and the power
of the court to compel answers to
questions which would incriminate
the witness answering, but an ex-
animation of the Idaho prohibition
statute develops the fact that the
following two sections are part Of
that law and that the Proceeding
was such as the legislature has
authorized.
Sec. 1898. Public inquisition by
prosecuting attorney before magis-
trate.
If a prosecuting attorney eli an
county shall be notified by any Of
ficers or other person or shall have
knowledge Of any violation Of the
provisions Of the laws of this state
relating to intoxicating liquors, it
shall be his duty forthwith diligent-
ly to inquire into the facts Of such
violation, and for that purpose he
is hereby authorized to make and
file with magistrate of his county
an affidavit setting forth that he
has probable cause to believe that
the laws relating to the sale Of in
toxicating liquors have been or are
being violated in such county and
that certain persons naming them
have information concerning, OF
knowledge of, such violation, and
upon the filing of such affidavit II
shall be the duty of such magistrate
to issue subpoenas for the persons
named In such affidavit, requiring
them to appear before him at a
time to be designated therein, K
testify concerning any violation ol
the provisions of said laws. Such suE
poenas may be served by the sherifa
or any constable of the county OF
by any other person who is a citizef
of the county, and shall be served
and returned in the same manner at
subpoenas in ordinary criminal cases
when such witness or witnesse!
shall appear before the magistrate
he shall be sworn to make true
answers to all questions propoundet
to him touching the matters undel
investigation, and the testimony o
each witness shall be reduced X
writing by the magistrate or undet
his direction and shall be signe(
by the witness. Any disobedience K
the subpoena of the magistrate o,
any refusal to be sworn as a wit
ness or to sign the testimony giyel
by him, or any refusal to answe
any proper question propounded b,
the prosecuting attorney or magis
trate in such inquiry, shall be
misdemeanor and shall be punishe
by fine off not more than $500, o
by imprisonment in the count,
jail fer not more than six months
or by both such fine and imprison
ment
Any magistrate acting under tn
provisions of this section shall hav
the power to adjourn such proceed
ings from time to time and t
punish any witness for contempt o
on account of his refusal to be swor
or to answer questions as witnes
or to sign his testimony and tn
attendance Of any witness or wit
nesses may be by such magistrat
compelled by attachment,
"If the testimony of any witnes
or witnesses at such inyestigatio
shall disclose the fact that an OF
fense has been committed the pre-
scouting attorney shall prosecute th
person or persons committing sue
offense and may file such testimon
together with his complaint agains
abe person or persons charged wit
the commission of the offense, bl
fore magistrate, and such test
mony, together with the complain
Of abe prosecuting attorney, whe
verified by him on the informatio