The Parma herald. (Parma, Idaho) 1903-1917, 1909-08-12
CONTEST LAW
Liquor Interests TO Contest Law in
Ada County-A Bitter Fight
in Prospect,


The consHtunality OF The local
option act was assailed Saturday
at Boise. through an appeal from The
decision Of tie board Of commissioners
Of Ada county in calling special elect
ion for September z, on the ground that
the act fails to provide for the special
election order under the provisions OF
the LEGAL option act but places the same
under the provisions Of the general
election laws. In support Of this, At
torney Payne, who appeared, together
with County Attorney C. 2. Mccarthy
before Judge Fremont Wood Of the Ada
county district court, cited the opinion
OF the supreme court in the case Of
knight VS.. Twigs, in which the court
held the act providing Tor 8 special
election in Bonner and Kootenia conn
ty for the purpose Of selecting a judge
for the eighth judicial district, created
by the last legislature, null and void, in
that the act failed to provide complete
machinery and equipment for holding
the special election. Argument on the
appeal was continued until Monday
morning when reply will be made by
County Attorney Mccarthy.
The notice of appeal filed by Charles
F. Baxter, through his attorneys, Karl
Payne and Edwin Snow, after reciting
the iaots relative to the board of COM
missioners ordering a special election
under the provisions OF the local option
law to be held in Ada county Septem,
her g, also the fact that the applicant
is citizen and qualified elector OF
Ada county who is aggrieyed by the
order of the board. deems the same H.
legal and preiudioial 10 the public in
terests for the following reasons.
That the Petition for the special
election was not filed with the county
auditor 10 days before the netting Of
board or at any other time or at all
that the petition for the election was
not signed by 40 per cent Of the aggregate
electors of the county voting at the last
general election that the postofiice adj
and residnece Of the signers Of the petit
ton are not stated; that the affidavit
filed with the petition was not filed with
the comfy auditor, that said order is
void for the reason that it fails to ex-
clude Boise from its operation and at
temptE TO make said order applicable to
Boise which under its special charter is
authorized to act in the premises inde-
pendent OF said act, and OF said or
der.
The appeal also sets forth that the
act. in virtue of which the order for a
special election was made by the board,
is void for these reasonsl
That it embraces mole than one sub
ject and matter properly connected
Herewith.
That 1t fails to provide time Tor the
opening OF the registration books and
fails to designate and specify any day or
days on which the registrars shall be at
their offices to register voters OF the
vlaces at which application for registra-
tion may be made.
That the act does not indicate to reg
istrars when registration shall commence
for when it shall end, that it fails to
provide the procedure for registration of
voters or for holding and conducting an
election, that said act Is indefinite, an
certain and incomplete, and that it
is otherwise so defeetivs as to render it
void.