The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1915-09-17
LIQUOR LAW IS CONSTITUTIONAL
Decision Contrary to the Opinion Of
Attorney General Peterson.

Idaho, it Is said has the most string
ent prohibition law OF any state In
the Union. 1t is effective now In dry
counties and after January l. 1916, 1t
will be effective over the whole state.
Owing to the extreme provisions of
the act many believed that a supreme
court review would result in It's being
declared unconstitutional and at the
first opportunity a test case was
brought
The court handed down it's decision
Saturday night and upholds the
validity of the law at every point.
The test case came from Latah
county and the material points were
agreed to by the attorneys for the
defendant and those acting for the
state, or as friends of the court as
follows:
1t was agreed that Crane had in his
possession May Is, 1915, in Latah
county, which is dry and has been by
virtue of the refusal of the commits
sioners to issue saloon licenses, a
quantity of whiskey for his own use
and not for the purpose of selling 1t
or giving it away. Judge j. II. Forney
and A. Fl. Oversmith, former state rep
| resentative, appeared as counsel for
Crane. Frank l.. Moore, prosecuting
attorney for Latah county, was coun-
sci for the state. Attorney General
J. H. Peterson, Assistant Attorneys
General f. G. Davis, r. C. Coffin and
! Herbert, Wing, with Harry kessler,
! Lieutenant Governor Taylor and presi-
dent of the senate when the law was
passed, and Cleve Groome appeared as
amici curae, or friends of the court,
The decision holds directly opposite
to the argument presented by the at
! torney general and his department,
which was to the effect right of pos
session of liquor by an individual was
permitted under the terms of the
amendatory act. The attorney gen.
erals Office filed supplemental brief
to express opposition to some of the
terms of the act Lieutenant Governor
lTaylor and Harry kessler defended
the act The former particularly ar
gued in behalf of the intention of the
legislature and held that alcohol could
be used for medicinal purposes.
The opinion is handed down in per
curiam," or by the court as whole
representing the unanimous findings
of the three Justices After setting
forth the contentious of various coun-
sci, the court quotes at some length
from Justice Harlan's opinion in the
case of Mnglar VS.. Kansas.
With regard to the medicinal fea-
lures of the act the court has this to
say:
1T has been argued that this law
prohibits the use of alcohol by physi-
clans and surgeons in the practice OF
their professions; that it Is unneces-
sarily stringent and is therefore, not
proper police regulation The act eX-
pressly provides for the purchase and
possession of pure alcohol to be used
for scientific purposes While it is not
contended in this case that petitioner
had possession of the liquor for scien-
tific purposes, and while the liquor
was not alcohol, but whiskey, so thai
this question may properly have ne
bearing upon the decision of this case
however, in order to set the minds O.
the citizens of the state forever at res
upon this point we will say that thu
practice of medicine, surgery, den
tistry and dental surgery, are scien
ces and that pure alcohol may be law
fully procured under the terms of thi.
act in the manner provided therein
for use in the practice of these profes
sions, or by any person, citizens o,
hospital for any scientific or medicin
al purpose"