The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1915-09-17

firm, company OF corporation, Its
officers or agents to sell, manufacture
or dispose Of any intoxicating LIQUOR
or alcohol of any kind within a pro.
hibi Ion district or to have In his
or its possession, or to transport any
intoxicating liquor or alcohol within
prohibition district, unless the
same shall have been procured and is
so possessed and transported under
permit as Ia said act provided, is
not in contravention of Section of |
the Fourteenth amendment TO the |
constitution OF the United States, !
nor Section l3, Article l, OF the con.
stitutlon OF Idaho. 1t was passed by
the legislature with a view to the
protection Of the public health, pub.
lie morals and buplic safety, aud has
real and substantial relation to
those objects; and is therefore a
reasonable exercise Of the police pow
er OF the state.
2 The object Of the title of an act
is to give a general statement Of the
subject matter, and such a general
stataAent will be sufficient to include
all provisions Of the act having
reasonable connection with the SUBJ
ject matter mentioned and reason
able tendency to accomplish its pur-
pose. 1t Is sufficient II the act treats
OF but one general subject and that
subject is expressed in the title.
3. Held, that chapter IL, Sessio o
Laws, 1915, is not in conflict with
article 3, section l6, of the constitu-
tion, and Is not, therefore, unconsti-
} tUtional or void.
4. Said chapter Is of General appli'
) cation to every county in the state
J alike; and with the electors OF the
l respective counties or their boards O.
: county commissioners, or municipa
> authorities uf any incorporated cit!
or village is left the decision to &C
{ cept or reject its terms aud condi
t tions. 1t is, therefore, neither a 10
s cal nor a special act, but genera
h law and not In conflict with sectioI
v 19, article 3 OF the constitution.
: S. The chapter expressly provide
a for the purchase and possession c
ia pure alcohol to be used for scientlh
II purposes. Held, that the practice
; medicine, surgery, dentistry and del
n tai surgery are sciences, and th'
,s pure alcohol may be lawfully procu
q ed under the terms Of the law
.v question in the manner provide
~ Therein for use in the practice
II these professions or for any oth'
I. scientific purposes.
h 6. A prohibition district with
or the meaning of chapter IL, Sessl'
v. Laws, 1915, is any county or incorp
te rated city or village wherein q
We manufacture, sale, possession, kee
,r ing for sale, transportation Tor safe
Gift of Intoxicating liquors for 6eVe
ace purposes is declared unlawf'
~ l whether such prohibition district
:. established by constitutional amen
- ~ ment, legislative enactment aae
tion of the provisions OF the Io'
.SS option law or by refusal oil munich
- authorities or county COMMISSION
=, to grant saloon licenses.
I. Held, that the provisions OF
- ~ CHAPTER are effective In all such p
- hibltion districts within the sti
u whether created before or after
an. adoption.
80 Concludlng, the opinion says
uWhile this court holds tnat
~ act under consideration Is appiiea
to all prohibition districts within
in state of Idaho, whether they OecA
S such before or since its sdopVl
ous were il otherwise the argument
fter favor of restricting its application
ari- those districts of later origln w
ome not avail the petitioner. This &C
lion takes judicial notice that the oOu
sss. of Latah is a prohibition district
eat reason of tine refusal OF It's ooaIu
to county commissioners TO gf"n' ~
licenses and that no local option
law tiou has ever. been held tner
ply Since the enactmen! OF the Ia" -.
,tice under consideration no Iiqucf L''
un- has been granted in that county,
lere- IL is. therefore, prohl0itlOn uls'
ion. in contemplation of chapter II oil Of
the Session Laws, 1915, made ana 60.
alco- ned such by its board oil count,
oses. missionsrs since the enaesme"'
case mat chapter. Counsel for tne ne
the .ioner and the prosecuting s1eo
and have stipulated, upon TINS POM :,
hut folloWs: That Latah county =
NAV and Was at alr times herein men
the ed a prohibition district wi,nin
n or meaning of the act referred 70, ,oS :
izens ter II of tile Session Laws u -
this the state Of Idaho. .+.,
SA .,.-;.,uE Of chapter