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Show SiEES BROUGHT ffllKOODII ( Idaho State Senator Accused I of Holding Office in Viola- tion of the Law. A . (interest in the case 'i Offaise Considered Technical! j by Majority of Citizens Who Have Considered Matter. ) 'fati'il lo The Trlbmi". BOISE. Ida . March S. The .Mipremc Itwl of this; fiste has been asked- lo ad-jtitc ad-jtitc Senior Fred W. Gooding of Sho-btone Sho-btone preFWcnt pro lp- of the senate. L-.r president or both the National and !fe Halio Stale Wool? rowers associa-UiJf, associa-UiJf, prominently spoken or as a possible LdMate and president of tho Chicago Kto Warehouse association, guilty of tfdlllnn the statute in usurping the ot-ia ot-ia cf highway commissioner or Lincoln .'nailr when lie was holding another 'die office, and for the oifenso to fine .tofSOOO and coMf. The petition ror the rj finr Is made by the stale's legal "Jiiirtment, the. attorney general's orficc. iTl'caie Is attracting statewide interest. k. 7hf orslnial complaint against Senator CsdlrP Was filed In Lincoln county. The 'iHfle charjro thin and now Is that ha fditijimllfied to fill the- orficc of highly high-ly commirsioiier upon the groundn Vat ht was a member of the legislature filch rassnd lh law authorizing I he 't,ii(l5n of highway districts within tho Vtf. and that he took advantage of an ltd passed bv the legislature of which ht tir a. member by taking the np-witmn: np-witmn: of highway commissioner, kfartbi glvlnp him two offices. Thij dis-fcfc! dis-fcfc! court dismissed the case because ftt fomplahit did not state facts suffi-Ibtst suffi-Ibtst to constitute a cause of action, krai this the stnte. which appeared as bhlallff. appealed t the supremo court, n:4 issue I now before that body. Wdmits the Charge. KGX'dlm admit bf wa a member of p I'sislaliue that created the orfice of lltUav commissioner. The slate charges Ife'lti anpcid that he later accented the KoIntmeRt of highway commissioner at fit hands of lli5 governor of this state. he was still state senator and Hf.thoiit resigning t'nat office to accept pi? new one. rTtt statute provides thai this Is a rur Eolation. It savs: "It shall be Istoful for any member of the Iegls-fcl';if Iegls-fcl';if during the (rrni for which he was RKtsd to accent or revive, or for the Ijiumor or other offlclla or board to mint fiirh member of the legislature ftw office of trust, profit, honor or IBSumcnt ereattd by anv laws nased m ft lKisl,-itiire of which lie is a mom-F mom-F Anv aDDolntment made in vlola-of vlola-of this section shall be null and U d without force and effect, and pTitlemot to exercise the powers of pni offlc by such annolntee shall be iMurpjllon ami the appointee shall ! U?" Jnilltv or a misdemeanor, and gtjl on conviction be fined not lose than pjjBfl nor mors than 35010."' Tllfflf n3e "recnca' tt jHtP ,ml'Oi'laiii question that arises in UJUnKLu,!! "hfitbfr the office of highway ntiflflES'" inir ,F " office f trust, profit, nliflflTr:, ,n'1 etnohimcnt within the mean- AH?.1,'," Jtatut. In its brier the -slate tllSHr,,., ,lls ,b' "What onii-o is not it.., ,r.lru3t, profit, honor and onio-InlflTflKSLV'. onio-InlflTflKSLV'. Had thp legislature used the i1?1 'off,re without fiualirvinir It Y .si,In,5,.,t nflV0 bPf a contention that x KLz'5e involvinc a salarv or an office Knns up to certain standards of dls-."ii,?,s dls-."ii,?,s meant, but since the leplslalure ainrflB;i 5U.'1Kt which Is -learlv intended Ai ?fc.V' ,0 ver- i-onceivable kind of MiiP&Bi m , c1lcInls nothlnp ror the court pB'ittirr' Ule ol)Vl,nis Intent or the uUJJ wmpcnsatlon with the office of ,TflB.niiIommls-sl01101' lR 'oo inslRnificant 3iUHrkt. "-r,,Pn"6 f .Senator Goodlns iTjnD.iJ,nii, lXV t0 fl've him with t V, ofr,rc- whc ho but. accept-UimtW accept-UimtW S'jwav district appointment WWtiliL?1,' w,,al lfe felt was duty as ofL i0". t0nw 0,lt 'nteii-:K 'nteii-:K - 'Slslaturc wlien it created the dVBU c'al2l lhat If the statute BWh2Mr'?,nsl Senator Gooding. aTsSUmlS hold the governor of the .Bw thi? ,b c' hecaiiHe il plainly pro- reQJHtaillrj "i nU, ,s ''"lawful for the chief iijdHkIaari i ppol.n.1 ;inv nber of fhe tilO'B Esrvir, 0 ,ano,1ioi- slate office when mmhuT .n.nothor. tnereby makin |