Crane v. Campbell
Decision Date | 10 December 1917 |
Docket Number | No. 53,53 |
Citation | 62 L.Ed. 304,38 S.Ct. 98,245 U.S. 304 |
Parties | CRANE v. CAMPBELL, Sheriff |
Court | U.S. Supreme Court |
Messrs. T. A. Walters, of Boise, Idaho, and Frank L. Moore, of Moscow, Idaho, for defendant in error.
Mr. J. H. Forney, of Moscow, Idaho, for plaintiff in error.
An act of the Legislature of Idaho, approved February 18, 1915, 'defining prohibition districts and regulating and prohibiting the manufacture, sale, * * * transportation for sale or gift, and traffic in intoxicating liquors,' etc. (Session Laws of Idaho 1915, c. 11), provides:
Plaintiff in error was arrested and held in custody by the sheriff, in default of bail, solely because charged with having 'in his possession a bottle of whisky for his own use and benefit and not for the purpose of giving away or selling the same to any person' within Latah county, Idaho—a prohibition district—on May 16, 1915, in violation of the quoted sections. He sued out a writ of habeas corpus from the state Supreme Court and sought discharge upon the ground that those sections were in contravention of the Fourteenth Amendment, federal Constitution, and therefore void. The court held:
'The only means provided by the act for procuring intoxicating liquors in a prohibition district for any purpose relates to wine to be used for sacramental purposes and pure alcohol to be used for scientific or mechanical purposes, or for compounding or preparing medicine, so that the possession of whisky, or of any intoxicating liquor, other than wine and pure alcohol for the uses above mentioned, is prohibited.'
And further:
'We have reached the conclusion that this act is not in contravention of section 1 of the Fourteenth Amendment to the Constitution of the United States; * * * that it was passed by the Legislature with a view to the protection of the public health, the public morals and the public safety; that it has a real and substantial relation to those objects, and that it is, therefore, a reasonable exercise of the police power of the state.' In re Ed. Crane, 27 Idaho, 671, 151 Pac. 1006.
The writ was accordingly quashed and the petitioner remanded to custody.
The question presented for our determination, is whether the Idaho statute, in so far as it undertakes to render criminal the mere possession of whisky for personal...
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