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Show o o COMMISSIONER CASE DISMISSED IN DISTRICT COURT The case of Quince Rice versus Frank Shrives in the county commissioner com-missioner controversy here was dis. missed from court in a ruling handed hand-ed down by Judge Doren H. Sutphen Sut-phen of Gooding acting, in place of Judge Jay Downing early this week. Judge Sutphen sustained defendant defend-ant Shrive's demurrer and denied leave to amend the complaint: the effect of the decision being to dismiss dis-miss the proceedings that have so far been taken in the case. The, case was initiated on January Janu-ary H1 of this year by Quince Rice, defeated candidate for county commissioner, com-missioner, who charged that Shrives intended to ursurp and take over duties of office and that he was not an American citizen and therefore unqualified to hold ofrice. On! January 1G. attorneys for Mr. Rice filed a supplemental complaint charging that Shrives had taken over duties of office illegally and requested that court restore the ot-fice, ot-fice, to plaintiff and levy a fine against Mr. Shrives. The care came as :i big surprise, since Shrives had previously served as county commissioner, had been a federal and a state game warden while, at. Franklin. He has served in various political capacities practically prac-tically all his lite and has born a resident or this county since he was, six years old. Attorneys tor the defendant countered coun-tered wdlh a demurrer alleging complaint w-as insufficient to' start an action, and that supplemental complaint did not cure the deTects of. the original complaint. Written bidets were submitted by attorneys for both sides, Judge Sutphens do-j vision resulting. ; Attorney for Shrives were P. J. Evans and A. W. Hart of Preston, and for Rice. O. R. Baum and Ben ! Peterson of Pocatello. i |