Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-01-27
WAS NOT AT
ALL SURPRISING
SUPREME COURT HOLDS COUNTY
LOCAL OPTION LAW
CONSTITUTIONAL.
Questions Involving Provisions For
Enforcement of Statute Not Dis
cussed as They Are Considered
Independent of Validity of Act.

udy uphOiuluS the COnStltutlOnallty
of the olcal option law enacted BY
the Tenth session of the legislature
"a / n0er which / A of the % coun-
ties Of the state have voted prohibit
ton. The court holds the machinery
for the special elections perfect, and
Independent of provisions for the en-
f0rcement of the statute in carrying
out the will Of the people. Should
any of these be found void or un-
constitutional the act in it's entirety,
il is asserted, would not be affected.
The opinion is a distinct victory for
the local option forces
Cases from both Canyon and Latah
counties We're involved In the APP
peal. The opinion is written in the
case OF Thomas Gillesby VS.. the
Board Of County Commissioners of
Canyon county and the Latah county
appeal governed by the same ruling.
Gillesby appealed from the action OF
the board in ordering a special cleo
ton. The district court refused to
grant the relief sought and the case
was appealed to the supreme court.
The opinion is written by Justice
Stewart and concurred in by Chief
Justice Sullivan and Justice Ailshie.
Questions of the invasion Of rights
OF citizens, conflict with the inter-
state commerce laws and discrimina-
ton raiesd by Attorneys Karl Paine
and Edwin Snow, as counsel for the
liquor interests of the state, are not
considered by the court for the rea-
son that they were based on provi-
sions for enforcement Of the statute.
In explaining this position the
opinion states:
And when some person sells or
disposes Of intoxicating liquors In a
county where the electors have voted
that such sale and disposition shall
be prohibited and such person is
charged with a violation of such
statute. the Issue may arise as to
whether such person has violated or
is amendable to the provisions of
such statute: and the court can prop
erly and will be required to deter
mine such question but that oues-
ton does not arise in this case"
IN passing upon the question Of
the application of the provisions of
the general election laws. the court
calls attention to the contention Of
counsel for the appellant that the
case of Knight VS.. Trigg was analog-
Gus. In that case the court held
there was no provision in the en-
actment, by the Tenth session of the
legislature, creating the Eighth Judi
cial district for an eelction and that
the general election laws would not
apply.
In that case, the court states.
the court had under consideration
an act creating the Eighth judicial
district, and held section two of the
same unconstitutional because it at
tempted to fix the qualification Of
voters different from that fixed by
he constitution. and because of the
uncertainty ambiguity and incom-
pleteness of the act in prescribing
the procedure for the registration Of
voters for such election and the
duties to be discharged by the Off
GERS under the act We, however
think that clear distinction will
realty appear between the provi-
si9ns Of that act and the provisions
of the act now under consideration
by q comparison of the two In the
eighth judicial district act All per-
sons registered as voters at the last
general election. and such other
qualified voters as may offer them
selves for registration to the sew
eral registrars of said counties
prior to the day specified for holding
said election, shall be qualified to
vote thereat. While under the local
cption statute. The qualifications of
voters shall be the same as in gem
eral elections and no per-
son shall be permitted to vote at
special election called under this act
unless he is duly registed as re-
Quired by law.
Thus it will be seen that under
the eighth judicial district act the
legislature attempted 20 fix the
qualifications of voters different from
that fixed By the constitutions while
under the local option statute the
qualification of voters is that fixed
for general election. In other
wor7e the constitutional Qualiiica-
ton
The Boise Statesman digest of
the decision is as follows:
The local option statute en-
acted by the Tenth session OF the
legislature is held 20 be a consti-
tutional law.
No person in the state Of Idaho
has a vested right to engage in the
sale of Intoxicating liquor and the
regulation, control and prohibition
of the traffic is a proper exercise
Of the police power.
"The law is not uncertain or am
biguous.
Where there is no specific pro-
vision for matters pertaining TO
elections and registration the gem
eral election laws obtain
Registration commences on the
first Saturday after notice for the
special election is given and con-
tlnues up until and including the
Saturday next preceding the cleo
ton.
The court holds tath the diff
ferent sections Of the statute govern
ing its enforcement and the method
OF carrying out the will of the people
are Independent and separate pro-
visions and in no way govern or
control the method provided by the