Evening capital news. (Boise, Idaho) 1901-1927, 1917-12-15
Dry Cause
Given Big
I'm pet u S
Decision in Idaho Case Re-
garded as Great Victory
by Prohibition Leaders at
Washington.
Capital News Special service.)

Capital News Special ServiceD
Washington. Dec. 15.-Dry advocates
in congress are much elated over the
decision of the United States supreme
court handed down last Monday In
the case Of Ed Crane, plaintiff in err
ty, Idaho, In which the court upheld
the constitutionality of the Idaho state
law making it a crime for person or
corporation to have liquor in his Or Its
possession within dry territory. Crane
was arrested under the statute sole
ly,' as the court states the case. be
cause charged with having in his pos
session a bottlesof whisky for his own
use and benefit and not for the pur-
pose of giving away or selling the
same to any person"
Upon his being taken into custody
Crane sued out writ Of habeas cor
pus and the case was finally passed
upon by the state supreme court. The
question involved the constitutionality
Of the law which the defendant in
sisted was a violation of the fourteenth
amendment of the federal constitu-
the statute said:
1T was passed by the legislature
with a view to the protection of the
public health. the public morals and
the public safety; that 1t has a real
and substantial relation to those OBJ
| tects and Is therefore a reasonable ex-
ercise of the police power of the state.
the court of Idaho held.
POWERS OF STATES.
| In the opinion of the supreme court
read by Justice McReynolds, affirm
! ing the Idaho state supreme court, the
highest tribunal says: 1T must now
be regarded as settled that, on account
Of the well-known noxious qualities
and the extraordinary evils shown by
experience commonly to be consequent
upon their use, a state has the power
absolutely to prohibit the manufacture,
gift purchase, sale or transportation
of intoxicating liquors within its bor-
ders without violating the guarantees
of the fourteenth amendment.
AS the state has the power above
indicated to prohibit 1t may adopt
such measures as are reasonably APP
propriate or needful to render exer
else Of that power effective. And con-
siderng the notorious difficulties al
ways attendant upon efforts to sup
press traffic in liquors, we are unable
to say that the challenged inhibition
of their possession was arbitrary and
unreasonable or without proper rela-
ton to the legitimate legislative pur-
pose.
1--WE further think 1t clearly fol-
lows from our numerous decisions up
holding prohibition legislation that the
right to hold intoxicating liquors fol
personal use is not one Of those funda-
mental privileges of the citizens Of the
United States which no state may
abridge. A contrary view would bt
incompatible with the undoubted pow.
err to prevent manufacture, gift, salt
purchase or transportation of such ar
ticles-the only feasible ways of get
ting them. An assured right of pos
session would necessarily imply som'
adequate method to obtain not sub
ject to destruction at the will Of thu
. state.
THE MODEL STATUTE.
1t is expected that the Idaho statute
! now that it has been upheld by tn
highest court, will become the mode
for bone dry legislation in other states
There has been heretofore a wide di
vergence of opinion as to whether I
state had the power absolutely to for
bid the use of 1t in a personal way o
the possession of it except on permit
!. the only condition under which 1t ma.
I. be in ones possession in Idaho.
-4<>
$ BOOST IN FARES ON