The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-09-17

ture, sale, possession, keeping for sale,
transportation for sale or gift of intox-
iicating liquors for beverage purposes
is declared unlawful, whether such
prohibition distrisct be established bv
constitutional amendment. legislative
enactment, adoption of the provisions
OF the local option law or by refusal of
municipal authorities or county com
missloners to grant saloon licenses.
4. Held, that the provisions of the
chapter are effective in all such Dro-
hl0ltlon districts within the state
whether created before or after its
adoption. 80
While this court holds that the act
under consideration is applicable to all
prohibition districts within the state of
Idaho whether they became such be-
tore or since its adoption, were it 9TH
erwlse the argument in favor of re-
strlcting its application to those dis
tricts of later origin would not avail
the petitioner. This court takes iudi-
cial notice that the county of Latah is
prohibition district by reason of the
refusal OF the board of county commits
sloners to grant liquor licenses and
that no local option election has ever
been held therein, Since the enact
ment of the law here under considera-
ton no liquor license has been grant
ed in that county, and it is, therefore.
a prohibition district in contempla-
ton of chapter II of the Session Laws
1915, made and continued such by its
board of county commissioners since
the enactment of that chapter. Coun-
sci for the petitioner and the prose-
cutting attorney have stipulated, upon
this point, as follows: That I,atah
county is now and was at all times
herein mentioned prohibition dis
trict within the meaning Of the act
referred to, chapter II of the Session
Laws of 1915 of the state of Idaho
by the provisions of chapter %,
Session Laws, 1915, the entire state of
Idaho is constituted a prohibition dis
trict and said chapter is made effective
on and after January |, 1916, upon and
after which date the provisions Of
chapter II, Session Laws, 1915, will
apply to the state at large; In the
meantime it is effective in all prohi-
bition districts within the state
whether created before or after its
adoption and whether created by con-
stitutional amendment, legislative en-
actment, adoption of the provisions of
the local option law or by the refusal
of municipal authorities or county
commissioners to grant saloon licen-
ses.
"The writ of habeas corpus is
quashed, and the petitioner is remand
ed to the custody Of the sheriff"
Following the decision of the SUI
preme court unfolding the validity of
the Idaho prohibition law word comes
from Moscow that the Crane case will
be carried to supreme court of the
United States.
AS shown in the account of the de-
cision this was case wherein Edward
Crane was arrested for having in his
possession a bottle of Intoxicating IL
quor. 1t is admitted that this liquor
was not for sale or to be given away
but for Cranes personal use. 1t was
the contention of Cranes attorneys
that he was within his legal rights in
such possession and that the law de-
priving him of such rights is uncon-
stitutional.
Judge ]. H. Forney, counsel for
Crane has filed notice of appeal to the
Supreme Court of the United tSates
if the above news report be true.