4

J to rr M a r l iSA T U R D A Y , MARCH 4, 1865 .

— The mountains—they proclaim The everlasting creed of Liberty!That creed is written on the untrampled snow. Thunder’d by torrents which no power can hold,»Save that of God when he sends forth his cold,And breath’d by winds that through the free heaven blow.

T he Democratic Central Committee of Ada connty is composed of the following gentlemen : Wm. Patterson (Chairman), Jno Richardson, S. L, King, Wm. Jenkins, J Monroe.

No Eastern News.—The mails on the Over­land route bare been cut off and the tele graph wire in some localities destroyed by Indians. We are therefore without any later intelligence from the East than to dates of January 31st.

Quartz leads of that section (Boise Basin) will neither keep from starvation nor from freezing to death.—[Radiator.

Ron’t you trouble yourself about the star­vation or congelation of the people of this Basin. When that little suit you have on hands is disposed offcthe people here may have to take np a charitable contribution, for the benefit of Lewiston,

Tbuax vs. Cochrane.—A t the latest dates from Lewiston, the matter of the application ol Major Truax for a writ of mandate against Silas D. Cochrane, to obtain possession of the Territorial seal and papers, was argued before Judge Smith, and taken under advise­ment. Cochrane not only refuses ta deliver up the Secretary’s documents, but claims the office of Governor also, since Lyon left the Territory. His ep.eecb will be found in an­other column.

Mil. A. G, C ook has received, th.e appoint­ment of Postmaster at Bois» City. He is the present Probate Judge of Ada. county, and was oh oué of the Republican tickets for the same office;, since his appointment he has withdrawn as nominee,. There has beéa a great deal of complaint about tjie manage­ment of the P. 0„ at Boise City during the past year, both among the people and the Postmasters of adjacent postoffices. Mr. Cook is said to be a good' business man, and a different state of things is looked for under bis administration.

F A I L I N G TO F I E C E S .

The contributions of a number of corres­pondents from several points of the compass, have pretty effectually excluded the editor from the columns of this paper. The letters from Boise City, respecting the condition of parties in Ada county, show how thoroughly the Republicans are demoralised. They have split into two fragments of nearly equal pro­portions, and are endeavoring to elect two tickets. The hostility between the two wings is evidently greater than that exhibited against the Democracy. Epithets, the old and favor­ite weapon, are now turned against each other. Old line Republicans are denounced as “ disloyal ;” new-liners are reproached with such terms as scoundrels,” “ hacks,” and “ demagogues.” The association of conglomerated elements that make up that party has produced poisonous gasses which have at length exploded, bursting the whole party into “ smithereens.”

The abject, wretched condition of the Re­publican party there finds an analogy in every county in the Territory. The blow which it received last October has completely stunned it. “ The cohesive power of public plunder ” was all that held it together. That tie being severed, the party falls to pieces ot its own weight. There is no principl6 at the bottom of it. He who could bawl the loudest for war possessed the highest recommendation for office. Misrepresentation and abuse, wholesale and retail, of th® motives of polit­ical opponents, were the chief passports to favor. Such a party can thrive for a day, while passion obscures reason, but „is every­where bound to. fall eventually, aa naturally as a rotten apple falls from the tree. ^Men may believe a lie for a time, but truth is mighty and will iu the end prevail. „

WRIT OF HABEAS CORPUS.

The Columbia Open .—As we were about to go to press, a letter was handed us from a

gentleman who had just arrived at Placer- ville, from the lower country. The steamers were running daily between Wallula and Portland, bringing from one to two hundred passengers per trip. The road is lined wiih people for this place. Dr. Harris, and several other of oar old citizens are on the next stage. The stage is now leaving Flacerville for Wal- lula every alternate day, going through in four and a half days. Snake and Payette both frozen to the bottom ;- snow on the road one to ten feet deep. Greathouse line of stages in full, blast,, with fast horses and gotjd con­veyances, intending to rush the passengers through in magnificent style.

Damages against a Vigil an,ès Committee.

—Our readers will remember the case of Jas.. M. Thurmond, a lawyer, and at one time a resident of this place, where lie was frequent­ly known as “ Beauregard.” At the time the Vigilantes of Virginia City, Montana Territo­ry, were operating, Thurmond volunteered to act as counsel for one of the persons arraign­ed before the Committee. The Vigilantes were highly incensed, and notified him to quit the country within fifteen minutes. .Thur­mond replied that, if his mule wouldn’t buck, he didn’t want but five I He left the country

* and went to Salt Lake, where he brought suit against a man by the name of Jeremiah M. Fox, one of the members of the Committee, and, we learn from private letters, has lately recovered x a judgment against him for $3214,28.

Columbia and Missouri- Wagon Road.__The Lewiston Radiator devotes considerable fpace to the subject of a great wagon road connecting the waters of the Missouri. Ar­ticles of incorporation have been filed at Lewiston for the organization of a company to construct the road from Elk City to the western line of Montana-, from which point the road will be continued, by another com­pany, to Gallatin City. The western extrem­ity of the road will be constructed from Elk City to the Clearwater., The most difficult portion,of the road is said to be through the B itterroot range. Through these mountains, even conversant with tbp range, report the existence of two low passes between the Lolo and the great southern Nez Perce trails, lead­ing into the Bitter Root Valley. A prelimi­nary survey Î3 to be made to decide the choice between the two passes. The entire distance between Lewiston and navigable waters of* the \ ellowstone is estimated not to exceed five hundred miles. A company of Beaver Head miners, numbering one hundred and eighty, are reported by a Leavenworth paper., to have descended the Yellowstone last Fall, on flat-boats, from a point seventy miles east of Gallatin City, or one hundred and thirty miles east ot Virginia City. T^e idea is to place steamers on the river, from that point, tQ connect with tb;s proposed wagon,ro^d,

P urified.—It is generally remarked by all true Union men, that the Republican party is purer, and contains a smaller number of “ political hacks,” and disorganizing dem­agogues than it has Since the party was first organized in this Territory. We sup­pose the change was caused by the with­drawal of some Smallfisk, that had ceased to be recognized as the shining lights of the party, and concluded to ruin the Union cause in this county. We are gratified to notice the change, as there is now no barrier to prevent respectable men from falling into our ranks.-*-[Idah© Statesman.

The Statesman is becoming very candid of late. “ R epublican party,” eh? So that or- ganization^wbicb Mr. Lincoln, in his late message, termed “the so-called Union party,” is again sailing under its true colors in Ada county 1 The President evidently had some doubts about it being a Union party, and it appears that the Idaho Statesman agrees with him. “ The Republican party” con­tains fewer “ political hacks ” and “ disor­ganizing demagogues ” dow “ than it has since the party was first organized in this Territory.” Exactly ; and the Statesman might truthfully have added fewer voters

also. Those voters will undoubtedly be highly gratified to know that “ there is no longer any barriers against respectable men falling into the ranks.” Singular party ! that “ Republican party,” that has barred out all “ respectable nun,” ever since “ its organization in this Territory.” If “ respect­able men” have been barred out that long, and the “ hacks” and “ demagogues” have all left, pray tell u.3 what is the composition of the balance ? No wonder ‘‘ tbe Republi­can party” is in a very distressed condition. We do not wonder that “ there is a heap of trouble on the old man’s mind.”

l>at{W e have received a letter from a friend Lewiston, ic relation to the counsel-fees of attorneys employed in behalf of the removal of the Capital, and the validity of the laws passed by the- late Legislature. The writer says :

“ ‘Little Lewiston’ still holds out,support­ed and sustained by the legal fraternity—all except Horn T. M. Reed, who was engaged by the Governor and Secretary on the part of legal enactment of the laws by the Legislature at ihe last session, embracing the Capital location—which is the real bone of conten­tion. Mr. Reed, (who is an old partner of John Conness, in California.) is an excellent lawyer, and will attend to the case thorough­ly, and really ought to be paid—and will, be well paid, for it injures him in bis practice here. He has not even been paid a retainer fee in the case, and having a family expressly to provide for, should be provided with money forthwith, by the parties most interested in the matter. The case will not be brought to a final hearing until the April term of the District Court.. Cau’t you hustle together a few hundred dollars, and send him at once? See to it, friend Street.”

.We do not know that we can better “ see to it,” than by laying the matter before that public which iainterested in the subject. Mr. Reed certainly should be compensated for his labor, and for the labor he has yet to perform in pressing the matter through the courts to a

R. H. Buckner vs. the People o f the Territory of Idaho. Before J. ‘VI. Shepherd, Probate Judge in and for Boise County.

In the hearing of this case, it wa3 set forth in the petition of the plaintiff, that he is de­tained on papers that are illegal and void, and on testimony that is illegal.

In the heariug ot this case, under the peti tion, it is therefore necessary for me, as Judge —under the statute of this Territory—to ex amine the papers and testimony upon whicn he was committed ; and by the foil©win, provisions of the statute I can see no other way of procedure;—Section 623, page 212 of Statutes of Idaho, says ;

“ The probate court, and the judge thereof, shall have power at chambers to try and de termine suits of mandamus, certiorari, and quo warranto, and to issue all writs necessa ry or proper to the complete exercise of the powers conferred upon it by th.s and other statutes, and in the absence of the district judge from the county, to issue writs of ha beas corpus and injunction.”

Section 629, page 213, says:“ In all civil cases within their jurisdiction

the probato courts and the judges thereof shall have the same power to graut all orders writs and process which the district courts or their judges thereof have power to grant within their jurisdiction, and to hear and determine, all questions arising withiu their jurisdiction, as fully and completely as the district courts or the judges thereof have power to do under the laws of this territory.”

From the reading of the foregoing sections of our lav.*, it will be seen that the judge’s duty is clear and plain. Again it is made the duty of the Judge to issue a writ of habeas corpus, upon a proper showing or petition, and for refusing to so do he i3 liable to a heavy penalty, as will be seen by the follow ing section (37, page 612) of our statute :

“ If any judge, after a proper application is made, shall refuse to grant an order for a writ of habeas corpus, or if the officer or person to who* such writ may be directed shall re fuse obedience to the command thereof, he or she shall forfeit and pay to the person ag grieved a sum not exceeding five thousand dollars—to be recovered by an action i f debt in any court having cognizance thereof.

The duties of District Judges are defined in the following section (617, page 211):

“ The district judges shall, at all reasona- able times, when not engaged in holding courts, transact such business at tbeir cham­bers as may be done out of court, at their chambers; they may try and determine writs of mandamus, certiorari, and quo warranto, hear and dispose of all applications tor orders and writs, which are usually granted, iu. the first instance, upon an ex parte application ; and may, ia their discretion, also hear appli­cations todischarge such orders and writs.”

• — And ia the hearing of the same casesbefore a Probate Judge, he has tbe same du­ties to perform, and must perform, them, as would a District Judge—if we had the good fortune to have one in our county or district.

It will be seen from the above that the Probate Judge, in the absence of the District Judge, has certain duties to perform, and if he'does not do so, he would render himself liable to the laws of this Territory, and to public censure. Ia the discharge of the du­ties of tbe office to which the people of this county have seen fit to elect me to fill, I in­tend to be governed by the Constitution and the laws of the United States and the laws of this Territory, as I understand them to be, without fear, favor or affection, and no threats or a Vigilance Committee, or other mob, will deter me from doing my duty as I understand it. I may commit an error. If I do, it will be of the head and not of the heart. If ir­responsible parties, who have no interest in the welfare of our community, and who have no one here to care for but themselves ; who have no families or friends to maintain, pro­tect and guard, see fit to find fault with my judicial acts, they are at liberty so to do ;—I am not acting for them nor in their behalf, but for the good of the whole community, and for those who have their home and their all with us, and who look to tbe law, and those who administer it , for the protection of themselves and their families, and also for the good of society at large. In the discharge of tha.t duty ia this case I have, as required by law, thoroughly examined the matter, as brought before me on the hearing of this case.

The law in relation to fugitives from just­ice, is derived from the Constitution of the U. S , as will be seen by reference to Article IV., Section IL ; and under this section of the Constitution, Congress, iu 1793, passed a law which has never been repealed, in which it is declared, that a certified copy of a in- dictmeut or affidavit must be produced, prop­erly authenticated, before a fugitive from justice can be surrendered ; and if one or the other of these papers do not appear in the case, there can be no cause of action,, and the prisoner must be released. Ia this case- there is neither of the documents. Our stat­ute provides how legal documents must be authenticated, as follows (page 1G2, section 383): “ An affidavit in another State or Ter­r i to ry of the United States, to be usetiin “ this Territory, shall be taken before a com

ment from a Justice of the Peace, but that commitment does not charge that a crime of any soft has been or was committed by the prisoner in Montana Territory, or in any other Territory, of given locality ; 8nd there is no certificate of any court of record, or even the certificate of any clerk of a court to it, with or without a seal, and is in no way authenti­cated certifying that the Justice was legally acting as such^ and even if the certificate of the Governor could come in and remedy this defect, the document purporting to come from the Governor, is not properly authenticated, and the certificate produced here certifying that G. G. Bissell was a Justice of the Peace is not signed by the Governor but by another person, and so sworn to by Neil Howie, in the evidence now before me, and there is no seal or authentication to any of the papers therefore it is held that none of the above papers are legal evidence, and cannot be taken as such, by the Judge, in the hearing of this case.

Again, in the hearing of this case, the commitment, and other papers, from the au­thorities of Montafla Territory, being held void, we come to the testimony as taken be­fore Justice Walker, of this city, a9 a com­mitting magistrate,and we find that almost the entire mass as taken down (which is cer­tified as correctly taken before him), is irrel­evant to the case, and has no bearing on the guilt or innocence of the prisoner; and the remainder of the testimony is entirely hear­say testimony, and would not bo admitted even in a civil action where the paltry dollar was at issue—much les3 where a fellow- creature’s liberty and (might be) his life would be at stake. All pules ot evidence forbid the taking of such evidence, and ex­pressly provides that such evidence shall not have the least bearing on any case, unless strongly supported by circumstances. There is no evidence from any witness who knows anything about the matter, of his own knowl­edge, except Neil Howie, and all that he knows, is from the prisoner’s own statement when lie gave himself up to the officers ; and if a port of the prisoner’s statement is taken as evidence, the whole must be. Howie swears, that the prisoner said that he had shot Brown with a double-barreled shot-gun, but it was done in self-defense, as Brown was after bis revalver. The officers did not think enough of the matter to confine the prisoner,’though there was a Jail iu tbe town of Virginia.

There is nothing here to show that the prisoner ever had an examination before any officer of that Territory, and Mr. Howie swore that the prisoner did not have such examina­tion. There is nothing to show that the commitment is aa order from any Magistrate, Judge or Justice, or that the person signing the same was legally authorized so to do ; and, as I said in the first instance, aftera full hearing and a careful perusal of all the papers n the cose, in connection wjth the law made

and provided in such cases, I consider it the duty o f tbe Probate Judge to set the prisoner at liberty.

Therefore, it is ordered that the Sheriff of Boise countjr, Idaho Territory—A. 0. Bowen, do release the said S. H. Buckner from fur­ther confinement in the J%jl of said couuty, and that he, the said Buckner, go hence.

J. M. S hepherd,Probate Judge Boise county, I. T

M A R R IE D :At Idaho City, February 25th, by Rev. Father

Poulin, Mr. Barnet Cassidy to Miss Maggiä Geary.

D I E D î

In Idaho City, March 2d, Mbs. Strother, wife of Mr. Robert T. Strother, of this city.

üSTew t h is TV^eek.

M iH3

FOR SALE !

THE Two-story Frame Building, known as the Occidental Hotel, on,

Montgomery street, near Wall.For further particulars, inquire at the I

Miners’ Brewery and Bakery, of J19tf KNAUER A CO.

BEW ARE OF BOGUS QUARTZ.A LL PERSONS are warned not to purchase

ground in theKEYSTO NE COMPANY,”

in Silver Hill District, as their original notice ia located on thb "Victoria Ledge,” en the ground of Carr, Stringhain A Co., which we hold and are working according to law.

n!9w3 CARR A COMPANY.

TJRXJE asGOSPEL !

E D W A R D S ’,At Taylor s Exchange, formerly “ White’s,” and

at the sign of the Red Flag,: opposite the Forrest Theater,

H AS THE LARGEST. CHEAPEST and BEST assortment of TOBACCO, CIGARS, etc. of

any man in town. Go “ sée, examine and try.” Billy Marshall-always on hand. 19 1*

INTERNATIONAL ilUUSËTMain St., one door from S. E . Cot. Watt’

BY

MDE. G O T I E E ,rip HIS establishment is re-opened and will Le J . kept herealter as a

HföNTSIBoRO O M S TO L P T . LO D G IN G B Y T H E

D A Y OR W E E K .

Beds, Bedding, Spring Mattresses, dcc.rnlhtf Manufactured and for Sale.

NOTICHE.

NOTICE ia hereby given that the undersigned will apply to the Board of County Commissioners o f

Boise county at their regular session thereof, on the first Monday of April, A. D. 1865, not less than thirty days fi oin the date and publication of this notice, for a'license Air a toll road in said county, running from the old Gov­ernment saw mill to the line between Boise and Ada counties. T1I0S. II. STBINGHAM.

Idaho city, Feb 24nl9w4*

IClk Horn Gr. Jfe S. NX- Co.

NOTICE ' s hereby given that at a meeting of the Board of Directors of the Elk Horn G. A

S. M. Co., held February 28th, 1865, an Assess­ment of one dollar and fifty cents ($1 50) per share was levied on all the stock of said company, payable, in Gold Coin or its equivalent, to the Treasurer, at Pioneer City, before the first day ot April, A. D. 1865 By order of the Board.

ul9w4 W. W. CHAPMAN, jr . , fciec’y.

The H umboldt Express arrived here on Thursday, bringing a large supply of letters, papers and magazines. Mr. A. B. Cutler act­ed as messenger across the Owyhee moun­tains, and experienced a pretty severe trip. He was compelled to draw the express matter on a hand-sleigh for about forty miles. At the point where he stopped on Jordan Creek,

drove of four hundred sheep were driven ff by Indians,, after dark. In the morning

the tracks of six Indians were found around the house, and of one who had taken a peep down the chimney. They had followed Mr. Cutler for several mile3. Nothing bas been heard of John McComons, except that bis hat and a portion of bis boot have been found. It is generally believed that he has been kill­ed and thrown into the Owyhee river.

-iVdminieitratrix’s N o tice .In Probate Court, Boise County. I. T.

In the matter of the estate of I . W, Rourk, de­ceased..

The people of the United State« of the Territory of Idaho send greeting

IN pursuance of an order of this Court duly entered of record on the first day of Aiareh,

1865, notice ishereby given that the Fourth A/on- day in AJarch, 1865, being the ir s t day of tho next regular term, at 12 o’clock, m., of said day, at the Probate-Court room in Idaho city, has been appointed for hearing the application of C. I. E. Arnold, praying that a document now on file in this Court, purporting to be the last will [ami testament of I. W . Rourk, deceased, be admitted to probate, and that letters testamentary be issued to said C. I.E . Arnold,, who is fiamed therein as Executrix, at which time and place all perso»a interested may appear and contest the same.( •— >, In testimony whereof I have hereunto j SEAL [ set my hand and the seal of said Court ‘ — ,— ’ this 1st day of AJarch, 1865

J. M. Shepherd,n!9w4 P. J . and Ex-Officio Clk.

The Lyon left Walla Walla in a mule wagon after having in vain attempted to bum his passage in the stage from George Thomas, the proprietor. Thomas did not know the Lyon from any other man as a passenger — [North-Idaho Radiator.

Tut! tut I Mr. Radiator!: That sort ofwarfare ia scarcely legitimate, and will do you Ho good. Let the Governor select his own conveyance.

T here has been a quiet, but unceasing cur­rent flowing from the Republican into the Démocrate ranks.— [World.

Can’t see iu Ada county, Mr. World;- ne­ther can it be ciphered out of the election returns from any other place.— [Statesman.

You will see it next Monday.

successful issue. Many valuable rights haveaheady grown up under the operations of j « missioned appointed by the Governor-of this

“ Territory to take affidavits or depositions in “ such other State or Territory, or before the

these contested laws, which must stand or fall with their validity. The removal of the Capital, to Boise City, i3 a matter of impor­tance to that city,‘and tbe citizens of that place should “ see to i t ” that it is ably and faithfully represented in the cou-ts.

T en thousand “ freed negroes ” are said to have perished from want iu New Qctsaos, 4» rip g tho last, two years., •

“ Judge of a court of record, having a seal.” And GreenleaJ and Starkie, on evidence, as well a3 other, standard works on evidence, say that the seal of a court of record must attach to authenticate a document to be used in an­other, State or Territory than those wheie taken. It is contended that there is a commit­ment here from Montana Territory. True,

j the,re is here what purports to be a commlv-

Some of the Beauties of Abolition Rule. —It is not long since we expressed the opin­ion that, ia case the mines were sold, an effort would be made to exclude Democrats from the privilege of bidding on such property.— The Nevada Gazette, in advocating a sale, lays down certain rules that should be ob­served in the matter of sale, and among them the following:

“ Tn cases of unnaturalized aliens and per­sons of known disloyalty to the Government, w ho shall not be permitted to retain posses­sion of any mines which they may now hold, or to take possession of any portion of the mineral lands hereafter, upon any considera­tion whatever, so long as the title to suci> lands remains in the Government.”

Every one knows what this paper means when it designates “ disloyal ” persons. Ev­ery one who voted for McClellan at the late election i3 with it and a large share of its party, regarded, as disloyal. The reason why the Republicans are advocating a safe of the mines begins to be apparent. They expect to step in and, by virtue of a partisan sale, possess themselves of the property developed by the labor of Democrats. Another scheme is for the Government to grant permits to individuals for prospecting, for a considera­tion, and as a requisite we presume it will be necessary for such individuals to take an Ab­olition oath.—[Exchange...

I

G a m m o n s .Terrritory of Idaho Couuty ef Boise. SB. *

In Probate Court in and tor said County.R. C. Shepherd, Plaintiff, vs. Mary Young, Deft.

To Mary Young :-N the name of the people of the United States, in the Territory, of Idaho, you are hereby noti­

fied that there is now on file in tbe office of the Probate Court,'in the county of Boise alid Terri­tory of Idaho, the complaint of R. C. Shepherd, asking judgment against you for the sum of oco hundred and eighty-four dollars and twenty-five- cents, on a certain promissory note executed by you to said plaintiff on the 21st day of January,. A. D., 1865, which note is now on file in said office and unless you appear and answer make to this complaint withiu thirtyjdays after the 6th day of Afarch, 1865, exclusive of the day of service, judgment will be taken against you by default for the said amount and eo.>ts of suit.

Iu testimony whereof I J. M.Shepherd, Probate -,— . Judge and Ex-Officio Clerk of said - SEAL v Court, have hereunto set ray hand and ' —^— ' affixed the seal of said Court this let

day of February, A. D. 1865. J . M. Shepherd. . ul9\y4 Probate Judge and Ex-Officio C. P. Ci

S ummons*Territory, of Idaho County of Boise.

Iu the District Court, for the Territory of Idaho Second Jndicial District.

II. Elkins et al, vs Evans.T o--------Evans alias “ Cayote Evans.!’

IN the name of the People of the Unitod’State* in the Territory of Idaho. You are hereby no­

tified that there is now on file in the office-ofi the Clerk of the District Court of the 2d Judicial Dis­trict of said Territory, in Idaho City. County of Boise, the complaint of H. Elkins and J . K. Sail­ing, demanding of you the sum of $423,00, with legal interest thereon from the 15th day of May, 1862, as money due them from you, on account for goods, wares and merchandise sold and deliv­ered- by them to yon ; and that unless you appear and answer to said complaint within forty days after the 19th day of April, A D 1865, exclusive of said-mentioned day, Judgment will be taken against you for said sura of $432,00, with interest as aforesaid and costs of suit.

In testimony whereof, I. John C. Henly, Clerk j — - » of said District Court, have hereunto j SEAL 1 set my hand, and affixed the seal of- * '—*— ’ said Court, at Idaho city, this 5th day

of iliarch, A. D.,1865.. JOHN C. HENLEY,Clerk of District Court.

S. P . Scantker, Att'y for pl’ff n!9-w5-

H. W. FROATS.............................C. DANA SAYRS.

E L AY. F r o a t s <fc C o.

PA C K E R S’ DEPO T,Corner of Wall and Montgomery Streets,

DEALERS in Groceries, Provisions, Liquors, &c.,&c. Goods consigned to us will meet

/

m

with proper attention. Storage furnished Packers at low rates in fireprooi waie house,

(lm3J

tu-