Show NEWSPAPER APER CONTEMPT CASE STIRS IDAHOANS 1 BILL INTRODUCED IN IDAHO LEGISLATURE IS AIMED AT UPPER COURT Believed e d Proposed Constitutional Constitutional Amendment Will P Precipitate Precipitate Pre Pre- ie- ie cp i hate Turmoil I S Tb Herald Herald I BOISE OISE 1 Ida 13 Jan 13 What f i considered considered con con- direct blow blon a at arbitrary power of the state supreme court was Introduced cd In tho the senate senata today In Jn the form torm of off a resolution to provide for tor an amendment to tho the state constitution It was nos Introduced by Senator Dow Dunning tl Worn Dem cm of o Owyhee Yh o county count and is is und understood to bo be backed b by a powerful sentiment amo among g. g tho Democrats Democrats Democrats Demo Demo- but moro morn especially among the Bull Moose l In Jn relation to the thc powers of ot the tho court tho the present provision pro of the constitution constitution tion Is as follows The lo legislature shall hall have no power to deprive the Judicial department of any power or Jurisdiction which rightly pertains to It as a n. co ordinate co-ordinate ord nate department depart depart- department ment of oC tho the government but tho the legislature legis legis- lature laturo shall provide n n. proper SY system systems lem of appeals and regulate b by 1 law W when I necessary tl the e courts below belo the supreme supreme supreme su su- su- su I preme court ao so Q far Car as the same sarno maybe may maybe maybe be done without conflict with this constitution Senator Sena Dunnings Dunning's mt move c contemplates contemplates contemplates plates cutting out of the constitution the words below belo tho court This would woul make maleo tho the court subject to the legislature on the same basis as the minor courts courte It Is held that In sentencing Cruzon Sheridan an and Broxon to ton ten days dars In Inthe Inthe inthe I the count county Jail th the tho supreme court exceeded exceeded ex ex- its powers as fia the Iho statutes place a limit of five days das on penalties for tor contempt Tho court assume assumed Inherent rights giving Driving it power ab above e legislature legislature legis legis- lature taking takIng- tho the position that Its actions actions actions ac ac- cannot b bb ho controlled by acts of ot the legislature as it Is u a n. ordinate co-ordinate branch of ot tho the state government o This senate resolution was referred to the Judiciary committee It will wUl come came up at once In tho the house antI and will f serve as the rallying poInt of ot what Dromi i p b the t the he fler fiercest o t. t battles battlos bat bat- ever aver fought tin Jn n an sn an Idaho legisla legisla- ture turo It will upon open up up-tho up tiro tho whole subJect subject subject sub sub- of ot the p powers of or t the tho o courts court Tho The opinion is expressed here that tho the resolution may pass the Bull Moose house but fall tall In tho the Republican senate In the senate a n. counter resolution upholding the action of ot the court Is expected at nt an early day ay |