The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-04-08
PROHIBITION BILL IS
ATTACKED IN COURTS
THE WET FORCES PREPARING TO
BRING TEST CASE TO ITS
CoNSTlTuTioNALITY.

That the statewide prohibition law
passed by the last Legislature and APP
proved by the governor, effective Jan.
| J. 1915 Will be attacked in the courts
ON the grounds of its alleged uGcon-
sttitutionality Is the information Sc
cured from an authentic source says
the Capital News. The attack will ALEC
be centered on the companion law,
known as senate bin No so which
provides the machinery to make
Idaho a dry state. The so called
possession" clause in the act will
! be centered out as one of the I'M
constitutional sections The supreme
court will therefore be called upon to
pass upon the two new statutes, con-
sidered the most important passed by
the thirteenth Idaho legislature. The
announcement does not come as a sur
prise. In fact it has been expected by
friends of both laws that it's enemies,
failing to prevent passage in the le-
gislature will make their last st2nd be-
fore the courts. They claim to be con-
fdent that the two acts arc unconsti-
tutlonal and expect to be able to prove
this. Friends of the measures are Just
as confident they are constitutional,
It is also interesting to note, say
those who have followed the passage Of
-, 4 n.
of Id.lho and Utah, that in Utah the
prohibitionictS viii attack the veto &C.
ton of Governor Spry on the statewide
/ prohibition bill on the grounds that
the act became q law through eXpir2-
tion of the time limit given him to sign
/ It. The records, it IS said. show deliv-
cry tf the bill: that it WAS he'd over
the time limit allowed and that cfter
this time limit expired governor spry
disapproved It,
What Law Provides.
The attack of the anti prohibition
advocates on senate bin No so. now
law, in the courts even We're they sue
cessful, would not cause the entire act
to be declared unconstitutional for
parts of 1t can be so declared without
affecting other sections. The final Sec
ton of this act provides as follows.
1T is expressly declared that should
any section, part or portion of this act
be declared unconstitutional or void
such invalidity shall in no way affect
the remaining portion Of said act"
This law provides that possession OF
intoxicating liquors in Idaho on and
after Jan. l.. 1916, is only permitted as
it provides-through procuring of the
same on certificate Section 2 of the
act says in part: 1T shall be unlawful
for any person, firm company or cor
poration; its officers or agents, to sell
manufacture Of dispose of any intoxi-
eating liquor Of any kind within pro-
hibitiOn district or to have in his or
it's possession or to transport any In
toXicating liquors within a prohibition
district unless the same was procured
and is so possessed and transported
under premit as hereinafter provid-
ed Section % of the same act con-
talns this provision. ut shall be un-
lawful for any person, firm, company,
corporation or agent to have in his or
its possession any intoxicating liquors
of any kind for any use or purpose ex-
cept the same shall have been obtained
and is so possessed under permit
authorized by this act"
AIIeqe Constitutional Right.
Senate bill No. so provides the ma
chinery which goes into operation when
house bill No. 142 becomes operative
land therefore IS to be the center of the
attack. The house measure merely pro-
vides that the state as a whole shall
become a prohibition district The
claim is made that senate bill No. 80
takes away a constitutional right from
residents Of this state in that 1t pro-
hibits them from having IN their
ipossession, unless secured under certi-
Ifcate and that only for medical or
mecnanical purposes, intoxicating IL
.quora. Private consumption of liquor
therefore il prohibited and individuals
: cannot ship liquor to their homes and
there store it for their own private use,
1t is alleged.
The prohibition district bill Is said
to have been drafted by some of the
most 2ble attorneys in the state who
were particular to frame it so that
none of its sections would be uncon-
stituional 1t was redra fled several
times with this object in view, 1t Is
said, ard when finally approved and in
troduced, is said to have met all legal
requirments
In Just what form the attack WIZ be
made on the prohibition laws In the
courts is not known. Senate bill No.
80 did not carry an emergency clause
and Is therefore not effective in local
option counties now and will not be