The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-12-18
CONSTITUTIONALY
ATTACK Law

The constitutionality of the local
option law is questioned and attacked
in the brief of Edwin Snow and Karl
Paine, attorneys for Thomas Gillispie
in his appeal from the district court.
The case is that of Thomas GiIlispie
VS.. the County Commissioners of
Canyon County. The law was held
constitutional by Judge Bryan in the
district court. In the appeal six
points are made by the attorneys Cor
tn. plaintiff and it is conJended each
one of these renders the statue I'M
constitutional. The case will be heard
by the supreme court between De-
cember Is and December 20, the ex-
act date to be determined by agree
ment of counsel.
Material questions some of Them
which have already been considered
by district courts, will for the frs
time be presented to the supreme
court on appeal.
The local option law is alleged to be
invalid in that /. is in violation of the
interstate commerce laws of the fed
eral government in making it a crimi-
nal offense to solicit orders for liquor
in a county which has voted dry. AS
a second point, it is urged that the law
provides that manufacturers in dry
counties can sell for delivery in. wet
counties, but makes no similar pro-
vision for wholesale dealers who do
not manufacture. This, it is alleged,
is class legislation and unlawful dis
elimination. Other points to be urged
by counsel arc as follows:
First-That the law fails to pro
vide a method of registration for new
voters inasmuch as reference may be
had to the general election laws for
guidance as to when the period of
registration begins and when it ends
and on what days during the period
registration shall take place. 1t is
further contended that the general
election laws are inapplieable, as the
dates given can only apply to the
biennial November election.
Second-That provisions for regis
tration, which must necessarily vary
in each county according to the time
allowed by the county commissioners
for the election, is in violation of the
provisions that the legislature shall
not pass local or special laws with
reference to the conduct of elections.
1t is pointed out by counsel that un-
der the statute commissioners in one
county might call the election to be
held after 80 days and another after
60, giving the voters in enc county
a much longer period for registra-
ton than in the other.
.Third-That the provisions of the
law relating to the sale of liquor. by
registered pharmacists and providing
that all prescriptions given by physi-
clans must be filed with the county
auditor is in violation of the clause
of the constitution, which prohibits
unreasonable searches and seizures in
that it compels the pharmacist to
make public his records, books and ac-
counts, and further, that the pro-
vision of the law which relates to the
searching of premises where liquor is
suspected of being sold is in violation
of this same provision of the con-
stitutiOn.
Fourth-That the law is defective
in failing to point out the method by
which the license money for the unex.
pired portion of the license period
can be refunded to the dealers whose
license is nullifed by a county gong
dry.