Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-12-17
''WETS" PLAN SUITS
IN FEDERAL COURTS
TO AT TTACK MANUFACTURING
SECTION OF LAW UPHELD BY
STATE TRIBUNAL.

Decision of the state supreme court
that the statewide prohibition law is
constitutional will be attacked in fur
ther court actions, probably in the
federal courts, according to the un-
dercurrent of gossip locally, and an
announcement Of the plans for such
suits is expected shortly, after a con-
ference between G.. w. H. Davis of
Tacoma, attorney for the Brewers as
sociation, and James B. Howe, attor-
ney for the Olympia Brewing COM
pany.
Representatives of all the breweries
of the state held a conference in Seat
tie last Saturday, when the situation
was considered in detail and Davis
and Howe given authority to deter
mine what action should be taken.
There have been further conferences
this week but the plan of action has
not been finally adopted, it is said,
though decision has practically been
reached, SO far as the breweries are
concerned, anyhow, to institute suits
in the federal courts.
To Charge Discrimination.
II such policy is carried out
those features Of the law which pro-
hibit the manufacture of beer in this
state though permitting it's shipment
into the state upon permits obtained
from the county auditor, will be at
tackled on the ground Of discrimine-
ton. Az foreign corporation must
bring such action in the federal
courts. the suit. according to present
plans. will be brought in the name of
the Seattle Brewing & Mating COM
pany.
Such . suit, however. will not pre-
ssnt the NV bscoming operative Jan-
1ary I. - diseeted H. Sthe saGaks sas
preme court. No furthsr proceedings
are contemplated In the state courts.
II 10 said. though the supreme court
ruled there were several points raised
in the case It decided which were not
properly before 1t.
Decision Was Unanimous.
The law was upheld IN Q unani-
nous decision handed down last FRI
day by the eight judges Of the state
supreme court before whom the case
was argued. The effect of the deci-
sion also 10 to uphold for all time, the
validity Of the initiative and referen-
dunn amendments to the constitution.
and to forestall objections. on the
ground Of insufficient publication,
against the woman suffrage and re-
call amendments. ~
The reasoning Of the majority Of
the court IL that since admitted tech
nical irregularities in the publication
both Of the initiative and referendum
amendment and the prohibition
measure do not appear In any onicial
record and are not matter OF general
notoriety. the court cannot take Judi
cial notice Of these errors. These
formed an important feature OF the
attack on the "dry" law.
The Webb-Kenyon act Of congress,
BY divesting liquor of its interstate
character. prevents raising the Ques-
tion of interference with interstate
commerce. the court also ruled.
though holding that this question was
not properly before 1t in the suit a.
brought. Privileges granted to phar-
macists to sell liquor and denied to
others, amount only to a classinca-
ton of businesses and not to such q
discrimination between persons as to
invalidate. the act, the court further
holds.
Lister Urges Enforcement.
Governor Lister. who was present
when the momentous decision was
handed down. issued statement call
ing upon good citizens Of the state.
regardless of their personal opinions.
to assist in seeing that the law Is
upheld in its enforcement.
"washington Is dry for all time"
was the comment made by George D.
Conger, secretary of the Washington
Anti-saloon league. when he learned
Of the decision. Another prohibi-
ton election after the people have
had prohibition under initiative No.
8 for a few months would roll up
$4,000 votes more than our majority
last time.
1.-THE day of liquor 10 past--partic-
ularly the day Of the saloon. II q
man has a right to drink, that right
is vouchsafed him under the law, for
he can purchase 1t in fairly liberal
quantity and keep 1t in his home.
But he cannot sell it. This Is what