Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-12-10
TEST LOCAL
OPTION LAW
Statute Alleged to be Defective in
Many Respects

Attorneys Edwin Snow and Karl
Paine. representing the liquor inter
ests OF the state, have prepared a
Wholesale attack on the local option
law. as indicated by their brief filed
In the supreme court in the case OF,
Thomas Gillesby VS.. the board OF
county commissioners OF Canyon
county. Six points are made by the
attorneys for the plaintiff and 1t is
contended each one OF these renders
the statute unconstitutional. The case
win be heard by the supreme court
between December 10 and December
20. the exact date to be determined
by agreement OF counsel.
Material questions, some OF them
which have already been considered
by district courts. will for the frst
time be presented to the supreme
court on appeal.
The local option law is alleged to
be invalid in that It is In violation
Of the interstate commerce laws OF
the federal government in making Il
a criminal offense to solicit orders
for liquor in a county which has
voted dry. AS second point, il Is
urged that the law provides that
manufacturers in DRY counties can
sell for delivery In wet counties. but
makes no similar provision for whole
sale dealers who do not manufac-
ture. This. 1t is alleged. is class leg
islation and unlawful discrimination.
Other points to be Urged by counsel
are as follows:
First-That the law fails to pro
vide a method OF registration for
new voters inasmuen 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 dur
ing the period registration shall take
place. II is further contended that
the general election laws are inap-
plicable. as the dates given can only
apply to the biennial November cleo
ton.
Second-That provisions for regis
tration, which must necessarily vary
in each county according to the time
allowed by the county commission
ers for the election. is in violation
of the provision OF the constitution,
which provides that the legislature
shall not pass local or special laws
with reference to the conduct of
elections. 1t Is pointed out by coun-
sci that under the statute commits
sioners in one county might call the
election to be held after 80 days
and another after so. giving the vot-
ers in one county \ much longer
period for registration than in the
other.
Third-That the provision OF the
law relating to the sale of liquor by
registered pharmacists and provid-
ing that all prescriptions given by
physicians must be filed with the
county auditor Is in violation Of the
clause OF the constitution. which pro-
hibits unreasonable searches and
seizures in that it compels the phar-
maeist to make public his records.
books and accounts. and, further.
thai fha nrorfsi0n m 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 constitution.
Fourth mat the Law is defective
In falling to point out the method
by which the lieens. money for the
nneKpired portion Of the license per-
Tod can be refunded to the dealer
whose license is nullified by a eoun-
ty going dry.