Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1910-12-03
SUPREME COURT
RENDERS OPINION.
Indulgence in Liquor Leads to I'm
morality, Crime and Pauper-
ism Says Court.

the Supreme Court in a case in
relation to the application OF the
local option law to special chart
er cities, is one of great interest.
It was test case which had
been appealed from the decision
of Judge Steele of the Second
District Court.
The original proceeding was
for a writ of mandate to compel
the county commissioners of Nez
Perce county to issue license to
Charles Mix authorizing him to
engage in the business Of retailing
intoxicating liquors in the city OF
Lewiston.
The writ was denied and judg-
ment of dismissal entered. The
Supreme Court affirms Judge
Steele's judgment.
Attorneys E. A. Cox and q. l..
Mcdonald represented the appel
liant and Attorney General McDou
gall and Dwight E. Hodge, Coun-
ty Attorney for Nez Perce county
appeared for the respondents.
The brief work for the State
was done by Assistant Attorney
General j. H. Peterson who pre-
sented his case in an admirable
manner.
A noteworthy feature is the
written copy of l03 pages of oral
argument presented by Attorney
Cox.
The syllabus by the court is in
part as follows:
Under the provisions Of the
constitution, the special charter
of the city Of Lewiston may be
amended by a special law enacted
for that specific purpose, or by a
state policy concerning police reg
ulations or in regard to matters
affecting the state at large.
Ordinances. providing for the
pavement of streets, construction
of sewers and levying to pay there
for are matters Of local concern,
and the special charters of the
cities of this state in regard to
such local matters can be amend
ed only by special law.
Boise City National bank VS.,
Boise City, Is Ida. 1872, cited and
distinguished.
Whenever the legislature en-.
acts a general law declaring a
state policy in regard to the pro-
hibitiop Of gambling or the regu-
lation of the sale of Intoxicating
liquors, such law supercedes any
special charter rights that cities
within the state have been given
in regard thereto.
"In re Ridenbaugh, 5 Ida. 377,
cited and approved.
Especial charter cities cannot
by ordinance make acts lawful
that are made criminal by gener-
al law of the state.
"The law known as the local
option law (sess. laws 1909, p. 81
held to be a general law declara-
tive of the policy Of the state in
regard to traffic in intoxicating
liquors.
ga special law is one that ap-
plies only to a special locality or
to an individual or to a number
of individuals selected out of a
class to which they belong.
"A general law is one framed
in general terms, restricted to no
locality, and operating upon all
alike.
"Section 7 Of the local option
law prohibits the board of coun-
ty commissioners Of any county
where said law has been adopted
from granting any person, firm,
association, corporation or club
a license to sell or dispose of in
toxicating liquors within such
county.
''Under the provisions of Sec
ton 63 Of the special charter of
the city of Lewiston, said city is
prohibited from issuing license
authorizing anyone to do any act
or engage in any business which
is unlawful by the general laws
of the state.
"The phrase, law of the land
AS used in said section includes
Ne general laws of the state.
"The legislature by enacting
the special charter of the city of
Lewiston did not delegate to said
city the authority to license per-
sons to sell Intoxicating liquors