The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-09-17
POSSESSION OF LIQUOR
A DRY TERRITORY
IS A CRIME

The Idaho supreme court has de-
cided that the stringent anti-liquor
law passed at the last session of the
legislature is constitutional. This law
prohibits the sale, transportation and
5ossession of alcoholic liquors of any
kind, The law which the court has
lust upheld is said to be the most far
reaching anti-liquor law in the Union
The court handed down itsdecision
Saturday night and upholds the
validity of the law at every point.
The test case came from Latah
county and the material points were
agreed to by the attorneys for the
defendant and those acting for the
state or as friends of the court as
follows:
1t was agreed that Crane had in his
possession May 10, 1915, in Latah
county, which is dry, and has been by
virtue of the refusal of the commits
sioners to issue saloon licenses, a
quantity of whiskey for his own use
and not for the purpose of selling it
or giving it away. Judge ]. H. Forney
and A. H. Oversmith, former state re-
preventative, appeared as counsel for
Crane. Frank L. Moore, prosecuting
attorney for Latah county, was coun-
sci for the state. Attorney General
]. H. Peterson, Assistant Attorneys
General E. G. Davis, T. c. Coffin and
Herbert Wing, with Harry Kessler,
Lieutenant Governor Herman H. Tay-
lor, now acting governor and presi-
dent of the senate when the law was
passed, and Cleve Groome appeared as
amici curae, or friends of the court.
The decision holds directly opposite
to the argument presented by the at
torney general and his department,
which was to the effect right of pos
session of liquor by an individual was
permitted under the terms of the
amendatory act. The attorney gen
erals Office filed supplemental brief
to express opposition to some of the
terms of the act Lieutenant Governor
Taylor and Harry Kessler defended
the act The former particularly ar
CUES in behalf of the intention of the
legislature and held that alcohol could
be used for medical purposes.
The opinion is handed down in per
curiam," or by the court as whole,
representing the unanimous findings
of the three justices. After setting
forth the contentious of various coun-
sci, the court quotes at some length
from Justic Harlan's opinion in the
case of Muglar VS.. Kansas.
With regard to the medicinal fea-
lures of the act the court has this to
say:
at has been argued that this law
prohibits the use of alcohol by physi-
clans and surgeons in the practice of
their professions; that it is unneces-
sarily stringent and is, therefore. not
a proper police regulation. The act ex-
pressly provides for the purchase and
possession Of pure alcohol to be used
for scientific purposes While it is not
contended in this case that petitioner
had possession of the liquor for scien-
tifc purposes, and while the liquor
was not alcohol, but whiskey, so that
this question may properly have no
bearing upon the decision of this case,
however, in order to set the minds of
the citizens of the state forever at rest
upon this point we will say that the
practice of medicine, surgery, den
tistry and dental surgery are sciences
and that pure alcohol may be lawfully
procured under the terms of this act
in the manner provided therein for use
in the practice of these professions, or
by any person, citizens or hospital for
dIy SClCHLlllC OF HlculClldI pun pOSS'
The syllabus of the opinion follows:
l. Chapter II, Session Laws, 1915,
providing among other things, that il
shall be unlawful for any person, firm
company or corporation, its officers or
agents to sell, manufacture or dispose
of any Intoxicating liquor or alcohol oil
any kind within prohibition district
or to have in his or its possession, OF
n snfnvsrattnCy EOf1nr NJ
alcohol within a prohibition district
unless the same shall have been pro.
cured and is so possessed and trans
ported under a permit as in said act
provided, is not in contravention o.
section of the fourteenth amendment
to the constitution of the United
States, nor of section Is, article |, O.
the constitution of Idaho. 1t wa!
passed by the legislature with a view
to the protection of the public health
public morals and public safety, ant
has a real and substantial relation t
those objects; and is therefore rea
sonable exercise of the police powe
of the state.
2. The objection of the title of an &C
is to give a general statement of thu
subject matter, and such a genera
otahSlhCht VIII DC SullNiSht W ihSiNN
all provisions of the act having rea
sonable connection with the subiec
matter mentioned and a REASONABLE
tendency to accomplish its purpose |
is sufficient il the act treats of but on
general subject and that subject i
expressed in the title.
3. Held, that chapter IL, Session
Laws, 1915, is not in conflict with arti
Gle 3, section 10. of the constitution
and is not, therefore, demonstrations
and void.
4. Said chapter is of general appli
cation to every county in the stat
alike; and with the electors of the re
spective counties or their boards Q
county commissioners. or municipa
authoritis< of any incorporated city @