Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1915-12-17
RECENT DECISION OF SUPREME
COURT DOWNS LIQUOR
TRAFFIC.
ENFORCE THELAW--- GOVERNOR
Any One Who Must Have Booze Can
Get 1t Lawfully, but Saloons and
Breweries Must Quit Business
Vote on Question Again.

general election in 1914.
The supreme court has sustained the
constitutionality of the initiative and
referendum amendment to the state
constitution in 1912.
AS a result the 1900 saloons in
Washington, or as many of them as
are still open, will go out of business,
also all breweries, and the 5000 or
more men engaged in the liquor bust.
ness will seek new employment. The
revenues from liquor will fall off ST.
100000.
The decision of the court handed
down December 10 is probably longer
covering So typewriter pages-and
probably aects more people directly
and indirectly, than any other decision
by the suprme court.
The suit to test the validity Of the
dry law, and attacking the sufficiency
of notices in the adoption of the initi-
ative and referendum amendment to
the state constitution, was started be-
fore Thurston county superior court
in December 1914, just before the gov
ernor issued his proclamation declar-
ing the bill carried.
Points of Courts Decision.
Initiative and referendum not two
subjects, but one, dealing with joint
subject of legislation.
Court can go behind official records
and take notice of such things as jour-
nal entries of the legislature, returns
from election, etc.
Since all the facts point to the reg
ular submission and adoption of the
seventh amendment, the court must
presume it was adopted according to
law.
Sufficient publicity was given the
measure.
There is no discrimination between
persons, but merely a classification of
businesses.
Property rights not sufficiently in
volved to entitle appellants to an in
junction.
The courts decision puts at an end
all rumors of wet decision, and fol-
lowing the filing of the opinion Gov
ernor Lister said the enforcement of
the law fought to have the support and
assistance of all law-abiding citizens"
Attorney General Tanner, upon whom
falls, in part, the duty of the enforcing
of the law, said in part: 81 may say
that SO far as I am concerned every
effort will be made for strict enforce
ment"
The majority opinion was written by
Judge Parker, and 1t was signed by
Chief Justice Morris and Judges
Mount, Ellis. Main and Holcomb.
Judge Chadwick, in four-page sep
arate opinion, concurs in the result
Of the majority opinion.
Up Again In 1915.
In spite of the decision the prohibi-
ton question will come before the vot-
ers again at the election next Novem-
Der, when an initiative bill advocated
by the hotelkeepers must be voted
upon. This bill, which would permit
hotels to serve liquor in their dining
rooms, was submitted by initiative Pc
tition to the last legislature. The leg
islature took no action. and the bill
will go automatically to the voters at
the next general election.
George D. Conger, superintendent of
the anti-saloon league, which drew up
the prohibition law, says that the
leagues organization would be kept
intact to see that the law is enforced
and to oppose the hotelmen's bill in
the coming campaign.
Points Of New Law.
Prohibition leaders all over the
country consider the Washington dry"
aw a model document. Richmond P.
Hobson, leader of the movement for
national prohibition, says that the pro-
posed national constitutional amend
nent is the same in all its salient fea-
,ures as the Washington law.
Features that have impressed anti
saloon workers as strong points in the
law include these pro-
yisions:
Section 2.-"s all liquids whether
proprietary. patented or not, which
contain any alcohol. which are capable
" being used as beverage"
Section A." provided, how
'ver. that it shall not be unlawful for
person to give away intoxicating
liquor. to be drunk on the premises, to
guest in his private dwelling or
.partment."
Section Nothing in this act shall
e construed to prohibit registered |
ruggist or pharmacist from selling |
intoxicating liquor for medicinal pur-
oses or for sacramento pur-
oses, or from selling alcohol
Or chemical and mechanical purposes
My"
Section 14.-"Any citizen or organi-
alton may employ an attorney
D assist the prosecuting attorney in
ny action or proceeding under this
ct, and such attorney shall be recog-