American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1911-02-25
SEARCH AND SEIZURE BILL
SIGNED by THE GOVERNOR.
This Bill Strengthens the County
Option Bill if it Proves to be
Constitutional.

Governor Hawley attached his
signature to the search and
seizure" liquor bill Saturday. That
was the last day upon which the ex-
ecutive could take action upon this
particular measure. Had the day
passed the bill would have become
a law without his signature. But
Governor Hawley did not let the op
portunity pass without setting forth
his views upon the issue involved in
the bill. He said to a representa-
tive of the Statesman:
This bill in some of its provi-
sions violates the constittion of the
state, and in others runs counter to
the long established methods and
procedure OF the state. while some
other provisions are of such a
drastic nature that they should hard
ly be tolerated in the state.
But l am pledged to uBhold the
local option law and to<preserve it
intact This as part of my party
platform, and as contaiped in my
addresses to the people in the re-
cent campaign. This local option
| law III ltSoli, 10 dQdlllteuly ldllui z
unless it is supplemented by further
| legislation providing new methods
and machinery for its endorsements
IF such new legislation is not
enacted, then the advocates of pro-
hibition will charge the failure of
the local option law to the fact that
it needed other legislation to en-
force it's provisions and that such
legislation was not permitted to be
enacted.
This bill will, if it's main pro-
visions be constitutional, solve the
question, during the next two years,
whether or not prohibition in Idaho
will prohibit. If it is found that a
local option law, supplemented by
the most drastic legislation ever en-
acted by an Idaho legislature, can
not be enforced, then the temper
ance question will cease to be an
issue, and the people will demand
what, in my mind, is the best policy
strict regulation of the liquor bus
ness by statutory enactments as
well as by municipal ordinances.
Il believe that strict regulation
of this traffic, combined with laws
in existence for the past 20 years,
permitting cities and towns through
their governing bodies to regulate o
even prohibit the liquor traffic, and
the law that makes it optional with
county commissioners to grant OIL
refuse the right to sell liquor will
solve the liquor question and will
in far greater degree, tend to ad-
vance temperance and morality thar
any prohibition law ever devised in
this or any other state
And if such course is made nee
essay by the failure of the present
law, supplemented by this search
and seizure act, to solve the prob
lem. then many of the financial diff
ficulties experienced by our countie:
and cities by reason of the with
drawal OF revenues heretofore re
eeived from liquor licenses. will be
removed.
"In making this statement | dc
} not wish to be understood as pre-
dieting disaster in the future to the
advocates of prohibition, or as lack
ing in sympathy with the execution
of the local option law | was op
a posed to it originally because | be
lieve that under the laws existing b
fore it's passage every county in tn
state and every city and town il
every county in the state had full
| opportunity to prevent the sale o
liquors within their limits. But tn
law having been upheld in its mail
| DroI isons of the highest court i
2 the state. each good citizen is boun
2 to obey and assist in the enforce
= mel Is of it's provisions, and both a
an individual and as an officer o
t the state, l will do all in my powe
: to uphold and maintain it SO lon
!. as il has a place in our statutes.
"If the local option law is obnol
ious and if its provisions can nc
3 be enforced, the sooner that fact
= known. the better, and the stricte
. the enforcement of it's provisions tt
~ sooner will the people of the stat
. be awakened to it's obnoxious fe;
. lures and the impossibility of its el
e force ment"
s That Governor Hawley had vel
"a message all prepared but W;
= switched over into signing the bi
n by State Chairman Nugent and
a party of democratic leaders who i
!, sisted the governor had chan'
to make the democratic party sol
with the temperance people, is tt
conclusion of the Capital New
Governor Hawley admits tn
H. the present local option law can n
lis be enforced satisfactorily to the a
'e vocates of such enforcement, and
~ declares that he has seen worse Ii
u, uod conditions under this law tn;
III he ever saw under the license sy
t. TEN but it is the license system
prefers, so it is declared, and t
that reason he wished to have t.
In present law left in its weaken
at condition, hoping that sentime
n against local option will grow dur
ny the next two years to such an exte
n q III NJ the law will he renPnIPd