Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1915-04-02
VETS WILL TEST
new DRY LAW
Will Bring Test Case Into Idaho Courts
Soon Claiming Two New Laws
Are Unconstitutional
ALICE CONSTITUTIONAL RIGHTS
Prohibitionists Claim New Laws Will
Stand

The new statewide prohibition
law passed by the last legislature
and approved by the governor,
effective January |, 1916, will be
attacked in the courts on the
grounds of its alleged unconstitu-
tionality, is the information secured
from an authentic source, says the
Boise News of last Friday. The
attack will also be centered on the
companion law, known as senate
bill No. SO which provides the ma
chinery to make Idaho dry state.
Tbs so-called possession" clause
in the act will be conferred out as
one of the unconstitutional sec
tions. The supreme court will
therefore be called upon to pass
upon the two new statutes, consid-
cred the most important passed by
the Thirteenth Idaho legislature.
The announcement does not come
as a surprise. In fact it has been
expected by friends of both laws
that its enemies, failing to prevent
passage in the legislature will make
their last stand before the courts.
They claim to be confident that the
two acts are unconstitutional and
expect to be able to prove this.
Friends of the measures are just as
confident they are constitutional.
1t is also interesting to note, say
those who have followed passage Of
prohibition measures in the two
states of Idaho and Utah, that in
Utah the prohibitionists will attack
the veto action of Governor Spry
on the statewide prohibition bill on
the grounds that the action became
a law through the expiration Of
the time limit given him TO sign it..
The records, it is said, show deliv-
cry of the bill; that it was held
over the time limit allowed and
that after this time limit expired
Governor Spry disapproved it.
The attack of the anti prohibition
advocates on senate bill No. so,
now law, in the courts, even were
they successful, would not cause
the entire act to be declared uncon-
stitutional for parts of it can be SO
declared without affecting other
sections The final section of this
act provides as follows:
1t is expressly declared that
should any section, part or portion
of this act be declared unconstitu-
tional or void, such invalidity shall
in no way affect the remaining por-
tons of said act. -
This law provides that posses
sion of Intoxicating liqupr~ in Ida
no on and after January | 1916, is
only permitted as it provides
through procuring of the same on
certificate. Section ~ the act
says in part: 1t shall be- unlaw-
full for any person, FIN company
or corporate n, its officers or agents,
to sell, manufacture or pose OF
any intoxicating lquo ~ any
kind within a pI ohih district
or to have in his or its possession
or to transport any oNicai ing
liquors within a prob won district
unless the same was procured and
is so possessed and ira ported Tin.
der a permit as herein novid
ed" Section % of TIE same ACT
contains this provisi' & shall
be unlawful for an, 6rm,
company, corporate elt tC
have in his or its ou any
intoxicating liquoI kind
for any use or pui er. the
same shall have bee, ned and
is so possessed unc permit
auth ~ d bv thu
\ ile- IN,