The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1913-05-27
REFUSED Writ OF MANDATE.
Court Holds Railroad Cannot Accept
Shipment of Beer for Mccall.

Writs of mandate will not issue from
the supreme court of Idaho to the
Oregon Short Line or any other COM
mon carrier to compel 1t to commit
crime in the shipment of beer into dry
territory.
This is the substance of decision
handed down In the supreme court on
Saturday in the case of the Crescent
Brewing company of Nampa against
the Oregon Short Line Railroad COM
pany. The brewery petitioned for a
writ Of mandate to compel the Short
Line to ship consignment of beer
from Nampa to Mccall in Boise county
The shipment was refused by J. A.
Reeves, the general freight agent of
the company, on the ground that the
railroad destination of the beer was at
New Meadows, which is in Adams
county, dry territory
The brewery relied for favorable
outcome of the suit on the claim that
the shipment was continuous ship
ment from Nampa to Mccall, and that
the point of destination was Mccall
and not New Meadows; that the Ore
gon Short Line, the Pacific & Idaho
Northern and the Mitchell & Matthias
L III " uAulAS SOIupduy, lHc last OpcIdl-
ing between New Meadows and Nc
Call, are all connecting carriers; that
the delivery of the beer to Mitchell &
Matthias at New Meadows was not a
delivery to the agent of the cOnsignee,
but delivery Of goods to a connecting
carrier of the Short Line.
1t was further urged that this ship
ment of beer was an interstate ship
ment, for the reason that in going
from Nampa to Weiser 1t passed over
into Oregon and back again into Ida
no, and for this reason the local OPP
ton law of Idaho does not apply.
Justice Stewart, who wrote the
opinion for the supreme court, finds
two questions involved-was this an
Interstate shipment and would the
shipment constitute violation Of the
Idaho local option law and subject the
Short Line to the penalties laid down
in that law?
After quoting the interstate COM
merce act, Judge Stewart holds that
the evidence in this case clearly
shows the proposed transportation OF
the beer offered for shipment was
from Nampa, in Idaho, to Weiser
Idaho, passing from Idaho into Oregon
and through portion of Oregon back
into Idaho, and from Weiser to New
Meadows, Adams county, the terminus
of the Short Line, and that these facts
show that 1t was an interstate ship
ment. Because 1t is an interstate ship
ment the Short Line is not bound be.
yond Its legal destination at New Mea'
dows.
Justice Stewart also holds that as
New Meadows, the Short Line desti
nation of the shipment, is in dry ter
ritory, If 1t had received the shipmen
1t would have violated the local OPP
ton law of the state, and would have
been subject to the penalties provided
In that law, and for these reasons thu
writ of mandate is refused.
Mandate" says the decision il
closing, will not be issued by thi
court against party and thereb.
compel the commission of a crime"
This case was appealed from TIL
Judgment of Judge Bryan of the Sew
enth judicial district, who found TO
the railroad company and against tn
brewery. This Judgment is sustained
by the supreme court, with the entir
bench concurring in the opinion
Statesman.