The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1916-02-03
DRUGGISTS HAVE RIGHT
TO SELL PURE ALCOHOL.

Druggists employing licensed pharm-
acists as required by law may import
and sell pure alcohol for mechanical,
scientific and medical purposes by pro-
curing permit for the importation
thereof from the probate court Of the
county, where the pure alcohol is to
be used, and by limiting the sale to
purchasers who have obtained a per-
NIT therefor from the probate court.
without paying the 5000 license which
county commissioners have ATTEMPTED
to collect from them. This is the i'm
portant ruling of the supreme court
of Idaho made in the case of Charles
l.. Joy & Co. versus August Carlson.
William. Howell and Mans Coffin.
commissioners of Ada county, and
Prosecuting Attorney Raymond L.
Owens and Sheriff Emmitt Pfost, of
Ada County. 1t applies to every
county in the state and solves knot
ty problem druggists have been con
fronted with since the prohibition laws
applied to the state as a whole.
Ask for Writ Of Prohibition.
Charles L. Joy & Co. is corpora
ton operating several drug stores in
Boise. It claimed the right to sell
pure alcohol for mechanical, scientific
and medicinal purposes under permit
from the probate judge without paying
an extra license Of 5000 which the
commissioners sought to impose under
and by virtue of the terms and pro-
visions Of section 1910 of the revised
codes. This drug firm applied for a
writ of prohibition to the supreme
court TO- prevent ,he commissioners
from collecting the license and the
case was argued and submitted to
Charles L. Joy & Co., through its coun-
sci, Oppenheim & Hodgin, and Jay NJ.
Paris, claimed that it did not
have to pay the license tax because
section 1910 of the codes is null and
void, having been repealed in toto by
chapter IL, session laws Of 1915, the
local option law, and even
if section 1910 is in force the druggist.
and all druggists, are exempted from
the license by the terms of section
1921.
Section 1910 Repealed.
Passing on these two sections Judge
Boutwell, Of the Fourth Judicial dis
trict court, who sat for Chief Justice
and wrote the decision con
cured in by his associates, says:
"Section 1910 was enacted to regu-
ate the sale of intoxicating liquors
lsed as beverage. The Sale or dis |
posal of Intoxicating liquors for bev-
erage purposes is no longer permit
ted i'll the state of Idaho and this sec
ton of the revised codes is repealed by /
chapter rs Of the laws Of 1915, page
80, and therefore can have no appli-
cation to the sale of pure alcohol as
provided by Chapter IL, laws of 1915,
page, A.
1t necessarily follows that druggists
employing licensed pharmacists, as re
luired by law, may import and sell
pure alcohol for mechanical, scientific |
and mechanical purposes by procuring
1 permit from the probate court where
the pure alcohol is to be used, for the
importation thereof, and by limiting |
sales to purchasers who have obtained
4 permit therefore from the said pro-
bate court, and are not required to
oay license tax as provided in SET
ion 1910, revised codes.
Must Comply With Law
"We desire to say in passing, how
ever, that pure alcohol can only be
sold upon a strict compliance with
he law and that chapter II of the laws
If 1915, page Al, which permits pure
alcohol to be sold for mechanical,
scientific and medicinal purposes and
letails the manner in which it may
De imported and sold for such pur-
,oses, and none other, must be adhered
% literally by the carrier, probate
'ourt, seller and purchaser, and the
'fficers Of this state are charged with
he enforcement of this statute under
strict construction of its provisions,
III of which are mandatory"
The court therefore grants the writ
# prohibition directed against the
ounty officers as applied for.
The druggists Of the state and Boise
lecided some time ago that they could
lot afford to sell pure alcohol under
he 5000 license. It was thought best
~ the State Pharmaceutical associa-
ion to institute test case before the
ourts. Charles L. Joy is chairman of
he legislative committee of the asso-