The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1915-12-10

Six judges declared they could
not take judicial notice of defec-
tive publication of notice Of cleo
ton on the prohibition measure,
which was one of the chief tech
nicalities raised by the attorneys
for the liquor men.
Eve must presume that all
necessary steps had been taken
when the law was adopted by the
people," the decision said.
The constitutionality of the law
which was attacked by the Hotel
mems association as intervenors
was fully upheld under the \. ebb-
Kenyon act, the federal law
which prohibits the interstate
transportation Of liquor into a
dry state.
2 CONSTITUTIONAL? Sure!
Disposing of the argument that
the measure was unconstitutional
because it was not made to go
into effect until Jan. 1, 1915,
whereas the state constitution
says law 10 to go into effect 80
days after its passage, the court
said:
"The law is constitutional on
the face of 1t. 1t became effec-
tive at the time state in the con-
stitution, even though 1t did not
become operative until Jan. 1,
1916"
The mass of technical objee-
tons raised by Attorney James
B. Howe of Seattle, representing
the liquor men, were ruled out
in their entirety. The court de-
termined to stand by the will of
the people expressed In their vote
insofar as 1t did not conflict with
the state and federal constitu-
ton.
Howe's Objections Trivial.
Objections of this kind are
not entitled to be raised In this
form of action" said the decision.
All other objections and Ques-
lions of Interstate commerce were
disposed of with the board state
men that the new law does not
interfere insofar as the transpor-
tation of liquor for business pur-
poses IL concerned.
Justice Chadwick in his four
page opinion, said he did not be-
lieve the court should refuse to
take judicial notice or defective
publications, but expressed salts
faction with the general verdict.
Justice Fullerton signed his
name to q half page concurring
decision.
What Law Provides.
The voters of Washington
adopted the prohibition law, by a
majority of 1882, the law to
take affect Jan. /. 1916.
1t prohibits sale, manufacture,
giving away or otherwise furnish
ing or disposing OF all intoxicating
liquor; or having in possession
any intoxicating liquor, or any
drug or medicine, containing al
cohol, capable of being used as a
beverage.
The law allows the importation
of liquor for individual use, in
quantity not exceeding two quarts
of liquor other than beer, or IL
quarts or "a pipts Of beer, AZ
often as once every 20 days, un-
der very strict.regulation, which
reuires the importer to secure a
permit from the county auditor,
the permit good for only one
shipment, and for only 80 days,
and shipments of liquor cannot
be accepted at the state line by
transportation companies except
with this permit attached, can
celled, and not in larger quantity
than allowed by law.
Began Suit : Year Ago.
The M. . X. Gottstein suit
filed Nov. 80. or last yeAr. and
was argued IN June before the
Thurston county superior court.
on July "a Jddto 1TlT6t hand:
- down I dtol9 l4n 619( ol6inx
the lav aAd q so6eal {}I1 IS
ruling Was 1<xuod b6ftto Nv
kuprerns' court Oct. Is. Since
that tins the court has had the
matter pnder ndvIsomonf.
The principal Attorneys rep
re4cn(1nG t1e VET interoa(s &ra