Lewiston Evening Teller

CASE UNDER ADVISEMENT
Supreme Court
Hears
Salary Claim of
Hans Rice

The North Idaho term of the supreme court opened this morning with Chief Justice Stockslager and Justices Ailshie and Sullivan in attendance. The business of the morning session was mostly that of organizing the work. Attorney Alex Kasberg was admitted to practice before the court. Applications were received by J. W. Grebb and P. E. Stookey.

The case of Hans Rice was heard and taken under advisement. This is a case where the commissioners refused to allow the treasurer of Shoshone his salary. The county treasurer is ex officio public administrator, and the board of county commissioners disallowed the salary of Rice because it is alleged that he collected fees as a public administrator which he refused to turn over to the county. The point involved is that the two duties constitute one office and the officer is not entitled to double compensation.

The case of A. T. Spotswood et al vs. John B. Morris et al, appellants, will be heard this afternoon. This is a suit from Nez Perce county involving a commission for a sale of real estate. The plaintiff won in the district court and appealed to the supreme court, where it was reversed. The appellants' attorney, I. N. Smith, made a petition for a rehearing, which was granted. The petition for the rehearing brought to the notice of the court a constitutional question pertaining to the standing of a joint stock company under the constitution, whether or not it is a corporation within the meaning of the constitution. The plaintiffs' attorney contends that under the constitution a joint stock company is a corporation and subject to legislative control and all the duties and liabilities of a corporation.

The calendar for this term is light, but there are a number of interesting cases in which important questions are involved.