The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1915-06-24
LIQUOR Law u ATTACHED m
THE 0UP8HtU COURT

ton act, known as senate bill No. so,
passed by the last Legislature, was
raised before the supreme court of this
state last Saturday, when the applica-
ton for writ of habeas corpus made in
the case of Crane was argued and sub.
mitted. A galaxy Of legal lights ap-
peared on behalf and against the peti.
ton, and, as friends of the court. They
included Judge Forney, Of Moscow,
candidate for congress on the Demo
cratic ticket year ago; Frank Moore,
Iof Moscow, prominent in Democratic
politics; H. H. Taylor, of Standpoint,
Lieutenant governor of the state; Harry
). kessler, of Boise; Cleve Groone. Of
Caldwell; T. q. Coffin and Herbert
Wing, assistant attorneys general.
Judge Forney appeared for the plaintiff
Frank Moore for the prosecution, At
torneys Kessler, Groone and TAYLOR as
friends of the court. Mr.. Kessler rep
resented the temperance organizations
of the state.
Taylor Says He Was Author.
Claim for the authorship Of the act
passed by the last legislature or the
amendatory local option bill said to be
the strlctest measure of it's kind on the
statute books of any state, was made
by Lieutenant Governor Taylor. Con-
ceding to the court during his argument
that he had been considered in the past
and during the last session of the leg
islature as a "wet' he informed that
tribunal that he had offered and did
draft the stringent act finally passed.
following joint committee meeting of
leaders OF the house and senate when
three proposed measures were presented
and he was prepared to defend il and
state positively to the court there were
no jokes in it. Any attempt to show
there was he said was but an effort
to trifle with the measure.
Intended to Make Possession Crima
"Don't be mislsd by the claim that
the last legislature did not intend to
make mere possession Of LIQUOR = crime.
because it did, said the lieutenant gov.
ernor during his argument champion
ing the act. Briefly summarized. he
contended possession Of liquor 10 traf-
tic and traffic 10 barred by the terms Of
the act; that Temperance in the modern
construction placed on the term 10 not
entirely modification bat 10 strictly
speaking prohibition; that possession
OF any spurious liquor 10 = crime OK.
cePt Tor mechanical, medicinal or scien.
tific purposes; that whisky 10 absolute
contraband under the terms Of the cat
now in effect in dry counties and will
be contraband on and after Jan. /, 1916
in the entire state.
Liquor Can Be Used incidentally
Probably had the license laws of
this state been respected the situation
In Idaho would have been different to-
day. Lieutenant Governor TAYLOR in
formed the court during the course of !
his argument. The question was raised
as to whether or not the act as finally |
passed did not bar the use of intoxi
cants for medicinal purposes. Lieu
tenant Governor Taylor said that in his
opinion it did not. He asserted that |
while this very question had been
raised in the last senate and one of the |
members of that body who is a ply
stefan had repeatedly declared that in.
toxicating liquor, including alcohol,
could not be used for medicinal pur.
poses, he believed that the terms me !
and "scientific could be |
construed to cover medicinal by the |
courts. He was asked by one of the I
justices if the original bill as drawn /
did not contain the term medicinal /
and replied that he was not positive
but he believed that it did not.
Illustrations Given.
The question of possession is the one
issue around which most of the argu-
nent revolved. In fact this is the is
sue involved in the Crane case. Crane
was arrested and bottle of whisky
was found in his possession. 1t was
that he had violated the law
IS in force and effect in Latah county.
He was incarcerated and by carrying
an appeal to the supreme court on an
application for writ of habeas corpus
ne raised the issue of the constitution
Atty of the act.
One illustration that was made to
the court brought out an interesting
point on possession. Counsel defend
ng the act was asked what would be
The result if person picked up bottle
If whisky having found it and was ar
'ested later with it in his possession.
Lieutenant Governor Taylor met this
,x,., <Iok L.. |