| Show I i MUSIC 1 STILL 1 AM1UIS1HS I I Application for VVrIt if lbobeas Carlton llrnlril by Judge lurry J James T Monl continues to Ian ttjUh behind the tarn of the county I I I Jail In spile of the efforts of his attorney attor-ney to release him The application I for n writ 0 habeas cru mad on MondaY last wits thin Homing denied 11 i Iy Judge Cherry who remanded the defend iht back to HID sheriffs custody I cus-tody The position taken by At tor ie > B llhodes and Wlllla counsel for q j1re0ynvkuswu I that tM law under nhleh Ilitz mandmu proctedlnge Noere commenced com-menced woo Unconstitutional In I hot that there fa no low to compel him to turn over his mlnillg record to 10 County Recorder Jensen jffl Judge Cherry In giving its declsto I l led 3 y referred to the Supreme Court I decision In the ae of Hltch vil 5 IUchrd a paragraph of which reads 5i i Ass rollowsl If the act Is I broader l than tho title the rule Is I that tho I provisions I Indicated by the title may stand while those not Indicated must 41 fall unless they are so dependent upon each other that they cannot be executed exe-cuted Separately The court further holds that section I34 of the Revised United mates Statutes ll tutes provides In substance that each mining district may make legulatlons not to conlllct with the United States I laws giving locations manner of re cordirg etc ilai I It would seem the court raid that the United stat 8 reserves the e right to legltate I on thatuhjct And also has the Estate and territories I Concluding tM court holds that the 11 i oct ot IbU1 does not conflict with the federal Statues IJI contended by attorneys I 1 at-torneys for petitioner The writ wa accordingly denied It Is thought that I the matter uill now I > e taken to the I t Supreme court |
