The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1914-07-31
SOME LIQUOR PROBLEMS

be considered wet, regardless OF
whether it is created out of wet or
dry territory, according to the de-
cision of the supreme court in the
DOC" West saloon case, what effect
will this have on the creation of new
counties by the next legislature?
This question was on the lips OF
many men in the community yester-
day. 1t was decided that one of the
prime effects of the decision, as it is
interpreted, will be to throw all the
vets in the next legislature on the
side of county division, and all the
drys against county division.
Problem for law Makers
Legal authorities took the position
that the legislature could not provide
in ever county provision bill whether
the new county to be created would
be wet or dry territory because the
legislature could not legislate on two
separate propositions in one bill.
The concensus of opinion is that
the legislature will be compelled to
pass measure, to remove the doubt
raised on this point. This doubt is
not confined to laymen. Judges and
lawyers seem to be as much at sea as
others. For illustration:
Judge Bulge in the DOC" West
saloon case held that Power county
was all dry because it was composed
mostly of what was originally dry
territory before the new county was
created.
House Divided Against Itself
Againt this position Judge Carl A.
Davis, who sat in the case when it
was before the supreme court, held to
the contention that Power county was
part wet and part dry and that this
condition would continue until the
voters of the county held alocal OPP
ton election. Judge Davis held that
the part of the new county taken
from Blaine was wet territory and
that the parts taken from Cassia,
Oneida and Bingham counties was
dry because the three counties named
were dry.
Still another opinion is that ad-
vanced by Chief Justice Ailshie and
Justice Sullivan-that all of Power
county is wet regardless of whether
the territory of which it was created
was wet or dry before the new county
was created.
These two judges go still further,
They hold that dry counties such as
Jefferson and Madison, created wholly
out Of Fremont, always "dry" terri
tory, are now wet counties and that
saloons may be run in these two coun-
ties if the commissioners will grant
licenses.
How to Make County dry
Judge Ailshie says this point was
decided by the supreme court years
ago; that when new county is Great
ed it comes into existence under the
general law, and that there is no law
in the new county to shut out saloons
il the commissioners are willing to
grant licenses.
But Judge Ailshie also holds that
it is not necessary to hold local OPP
ton election to make a county dry.
All that is necessary in his opinion IS
for the county to elect dry commits
sioners, that is, commissioners who
are opposed to the licensing of
saloons. Latah, Cassia, Oneida and
several other counties have been dry
for years in this way without SUBJ
jecting the taxpayers to the heavy cost
of special local option elections.
There is a widespread opinion in
the community that the decision Of
the supreme court gave great COM
fort to the vets and that for this
reason it will figure extensively in the
for the election Of the next
legislature.