The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1915-06-08
ATTACK LIQUOR
LAW IN COURT
Northern Idaho Lawyer Appeals
to Supreme Court.
CLAIMS NEW LAW VIOLATES FED
ERAL CONSTITUTION
Vutcome Nili be Watched With In
terest by the Exponents of Both Of
the Sides.

"A SUIT to determine the constitu-
tionallty of Idahos stringent liouor
iaW known as senate bill No. SO, now
ehectiVe In dry counties and appli
caple 10 the state as whole on and
alter January l, 1916, made it's an
pearance In the supreme court TODAY
III the form OF an application for a
| VIII Oh haDeas corpus to secure the
release or Ed Crane, resident of
MOSCOW, from the county Jail there
Wnere he is held on the charge of
haVlng IN his possession one bottle
ol WhlsKey. Moscow is in dry
county, Latah, says the Capital News
Inc writ asks that the supreme court
ulrect Sheriff j. J. Campbell to re-
tease Crane. The supreme court set
June IL as the date on which the
writ is returnable and directed tha
sherl1t to appear with his prisoner
and show cause why he should not he |
released.
me outcome of this case will be
watched with statewide interest be-
cause IL involves a question of para
mount Importance to Idaho not only |
now but later when the entire state |
goes dry. 1t is conceded that the
local option amendatory act as PASS |
ed by the last legislature furnishes |
the machinery and the teeth for en-
forcing the banishment of intoxicating |
liquors from this state In a number |
OF other counties, particularly Ban
mock, similar case as the one in
VolVed in the Latah county case have
come to the attention of the author
tiles
The direct attack on the law in so
Tar as It's constitutionality is concern
ed IS raised in the application for the
writ OF habeas corpus. 1t is alleged
thereln that on May 16, of the pres
ent year Crane was arrested for hav-
Ing bottle of whiskey in his pos
session and, on default of bail, was
committed; that his arrest was made
under the provisions of sections 2, Is.
ana ~, OF chapter H. session laws of
1919, winch he sets forth "are un-
in that they are in con-
lraVentlon OF the fourteenth amend
meht 10 the constitution of the United !
states and also section 13 of article |
OF the constitution of the state of !
ldaho, and that the provision of
SAID sections is not reasonable ex- !
7rclse OF the police power of the state q
ma is for that reason void"
"uoSS a. II. rOIHey, one or the
prominent attorneys for northern
daho, candidate for the Democratic
nomination last year, is
,ounsel for Crane. In brief filed
With the court he represents at length
IN argument in support of the al
eyed unconstitutionality of the local
'ptlon law. Numerous authorities =
re recited in this brief to show that =
he law is not reasonable exercise .
Il police power as we'll as unconstitu-
ional it
1t is alleged in this brief further IL Il,
hat the law is in violation of section =
OF amendment IA to the constitution II u
I the United States, particularly that :
ortlon of the section which saws. y
NO state shall make or enforce any =,
aw which shall abridge the privi- u
eyes of immunities of citizens of
ne United States, nor shall any state
eprlve any person of life liberty or
without due process of law,
or deny to any person within it's n
lrisdlctlon the equal protection of
ne law"
Those sections of the law which are
ttacked in particular as unconstitu- 6
onal make it unlawful for any per- n,
On, firm, ETC., to sell, manufacture or y,
ispose of any intoxicating liquors or m
ave in their possession unless secur- n