Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-07-30

X court Of this state was present
q near beer b. sold In dry counties
In Idaho?" Tho case Is that of Jaooa
Lockman for a wit OF habeas corpus.
This is in reality a test case To de-
termino the merits Of the local option
law. The petitioner. MI L>ockman,
who is the proprietor Of the Crescent
brewery at Ndmpa, was arrested on
July % on charge Of selling intOXicat-
ling liquors IN a. Prohibition county. The
hearing was ncld N the PROBATE court
Y OF Canyon county ana Lochmdn Wds
Z bound over to thc district court IN tue
igum OF 500 tie refused TO deposit
Tins bond and Was remanded 10 tue
bounty sheriff AT the conclusion OF
the hearing in the supreme court yes
/. terday Lo kman was released on MS
: own recogI izance.
The real question before the court Is
= the Interpretation OF section 81 Of the
I. session laws of 1903, which reads THE
words intoxicating liquors as used
in this act shall be deemed and con-
strued to n.iude spirituOus, Ninous,
, malt and fermented liquors, and all
! mixtures and preparations Thereon m
Guiding fruits and other drinks that
: may be used as a beverage and produce
. lntOxlCatlOn. jess u iihNitSt ciANpl-
/ f1cy for the petitioner. in commenting
=, unon the interprptatiun OF this section
/ OF the local option law, said that IL
1 ali PRODUCTS of a malt or Vinous nature
/ were TO be barred regardless OF
: their intoxicating qualities or OF the
/, quantity Of alcohol they contained. then
: the sale of grape juice. malt extract
; maltine and similar beverages would
come under the prohibition provisions
! NJ the local option law. The conten-
ton is that the section Of the law here
referred to pertains to beverages that
will produce intoXication, and unless IL
IAN be shown that near beer comes
under this class its sale can not be pro-
: hbited under the local option law,
b NO PRECEDENT IN CASE,
The state was represented by County
Z Attorney F. A. Hagelin OF Caldwell,
/ who prosecuted the case in Canyon
lcounty. Assistant Attorneys General
~. II. Peterson and o. NJ. Van Duyn
contended that under the provisions or
section 81 above referred the legislature
iIefined Intoxicating liquors to be ANY
rmalt or fermented liquor and that
Regardless Of whether or not the spir-
itous, vinous' or fermented liquor would
really produce intoNicauon, that dennl-
tion OF the legislature was bindlns upon
the courts and jurtes and. therefore,
near Deer ntlllk a AiAeiAN 49,
come under the definition OF intoNica-
ing liquors as used in the local OPP
ZION law regardless of its actual intoN-
seating effect.
Il There is no precedent TO follow In this
case II cannot be compared with any
similar cases that have been settled IN
uther states where either local option
nr state wide prohibition obtain for the
son according to the attorneys that
the Idaho statutes differ In essential
features from the laws Of other states.
The matter. therefore, Is causing con-
siderable speculation on the part OF
the attorneys and much interest W
awakened in the forthcoming decisloh
Of the supreme court
! PAVE FIVE MILES OF STREETS.
4 The work OF laying 10000 square
wards Of asphalt and 10000 square yards
nf concrete paving making a total
length of approximately five miles OF
raved streets. has just begun In this
city This is the most extensive paw
ing campaign in the history of the
tLrenltal city The total cost of the
,l,avement is estimated at s3l492Is2 the
ikyotk will be. pushed as rapidly as pos
Islble to completion. and Il Is hoped
'that most of IL can be accomplished
before winter,
49,. LIMB CRUSHED.
i very serious accident befeu Joseph
Irwin the first of the week He was
working in the basement OF the new
Timer building. Main street, when one OF
the big steel Orders fell from its pedeslal
on to Mr.. Irwin, knocking him to the
ground and severely crushing MS leg
Tie Is now receiving treatment in st
Luke's hospital,
CAREY ACT LAND OPENING.
Heber O. Hale register OF the state
land department conducted the open
ing OF the 6,OOO-acre carey act project
OF the Snake River Irrigation company
on Monday last The opening TOOK
place at Grandvicw. This project Is
situated in the extreme southeastern
portion OF Ada county bordering on the
Snake river. The lands are particular
~ adapted 90 fruit culture. At the
drawing South Dakota people were the
most fortunate IN securing early num-
hers and the majority Of those ming
were from that state. Water rights 10
the aggregate amount OF $36OOO were
contracted for on the date Of the sale
and a cash payment Of 500 was made.
Seven hundred and '"rnty acres ~
land was filed upon at the opening with
I'm about one hours time Those fling
seemed to favor small acreage tracts.
'rhe first number out Of the box was
South Dakota; the second by II W
Stone Of Caldwell Ida. and the third
by Elwood Pcrisho Of Nermilhou. S
u.
TROUT FOR DISTRIBUTION.
A consignment Of 10000 small trout
arrived last week FOR distribution IN the
Boise territory ana the planting COM
menced at once under the supervision
Of the state fish and game department
The state has now three hatcheries in
operation and all have been very sue
,oessful. The object OF propagation OF
fish BY scientific methods Is two fold
and the plan has been adopted by near
ly every state OF the Union, especially
where mountain trout thrive. During
the three years u has been tested I'm
Idaho, millions OF small FISH have been
planted and the outcome has been even
better than the greatest expectations
GIRLS SAVE BOY FROM DROWN
a ING.
Despite the handicap ~ their cling
Ing dresses, and bravely facing tbe
danger OF being dragged under by tho