American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1921-11-25

AuNlSemeUt.
The story entitled Zone Hundred
Stills in Power County" which appear
ed in the October 21st issue of the
Press was used Tuesday as a basis
for the issuance of criminal sub
poena for X E. Torrance, editor of the
American Falls Press, by which Prose-
cutting Attorney c. T. Cotant, sought
to obtain the exact information that
would lead to the arrest and convic-
ton of alledged violators of the IL
guor laws. The subpoena was issued
under section 1889 Idaho Compiled
Statutes 1919 which authorizes the
calling of an inquisition by the prose-
cutting attorney whenever he shall
have reason to believe that certain
persons have knowledge of violations
fthe law.
What is an inquisition? 1t is not the
old practice displayed in Spanish his
tory, but modern means, seldom used
however, to obtain Information under
due pressure of the law The subject
of the inquisition is required to testi-
fly under oath to what he knows and
is not tried or held in durance for any
thing that he says on the witness
stand
Wanted Names.
The prosecutor demanded Tuesday
the name of the party who wrote the
above mentioned story, who the
guide" mentioned in the story was
who procured the alledged moon
shine" and where the house was locat-
ed to which the alledged "moonshine'
was delivered and other less important
facts as to where the field was located
that was said to be productive of a
: yield of fifty gallons to the acre" and
what personal knowledge the witness
had as to liquor violations.
The editor pleaded no persona
knowledge of the events and so called
evidence, mentioned in the story, eX.
cept that it came from a second per.
son who wrote the story, and who was
regarded as accurate and thoroughly
reliable. The name of this person ht
was unable to state, according to tn,
stenographic report of the inquisition
Judge r. O. Jones of the probate
court advised the witness to answe
the questions asked and upon the in
ability of the witness to do so took tn,
case under advisement until Decembe
first when the witness will again b.
called to appear in court.
Makes Statement.
In stating his reasons for his inabil
ity to answer as TO the identity of tn
second party-the party who is al
ledged to have written the publishe
story-the witness said in effect:
THE motives involved the circum
stances surrounding the story, and tn
spirit in which it was written, shoulC
| believe, be considered as they re
late to my inability to reveal the narl
OF the person who wrote the stor
published in the Press.
Only the best motives were followe
in obtaining the facts upon which tn
story was based The editor real
zed as do all good citizens, that
rather deplorable lack of law enforce
ment exists regarding the enforce
ment of the eighteenth amendment.
believe that the officers are by n
means singly to blame for this lack
enforcement. Public opinion does M
give them the support they merit. TT
editor thought that by publishing
general story, based on actual occu
rences and citing specific incident
that he might drive home a lesson
law enforcement that would pro-
generally hepful to the intelligel
voter. In so doing he hoped to byir
about closer cooperation between la
enforcement officers, public instit
tions and private citizens, 1t was
specific attempt to bring the averai
citizen and voter to a fuller realizatiC
of his individual responsibility in Il
enforcement of the law.
Officers Not Criticisde.
There was no charge of malfeasan
of office, rather was ii an attempt
partially excuse officers who we
pledged to enforce the law but we
unfairly hampered by a non-respo
sive public, in many cases a challen
ing public. The Press made no ca
against any particular officer and sc
no justification for any such possit
assumption. In these circumstanc
it seems to me i'll advised on the pa
of the public prosecutor, that
should endeavor TO hamper instead
encourage a policy that should pro
generally helpful to the public at lar
Why should he seek to destroy
agency that is endeavoring TO ass
him in the performance of his dutie
The witness obtained the inform
ton contained in the story In Cue
ton, only by pledging himself, that
all circumstances, he you'd protect
correspondent and the persons "
assisted in getting the story. II "
made a personal obligation on his pa
and a specific promise was made Il
no party connected with the ste
would be revealed in identity by hi
Z Should / now reveal those facts viii
/ pledged myself not to reveal,
would forever close all similar av,
ues OF information available 20 NE a