Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-02-23
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ARGUING The LIQUOR CASES.

AhaUfNd tHE AlVuUh GASES.
Test Cages, and VIII Render Its Deci-
sion This Ezorning.
Biemarck, Oak. Feb. 20--To-dny was
q gala day for the liquor dealers and
psohibitionists. Before the supreme
court three OF the local option cases,
which had been made test cases, were
argued, and both sides presented argn-
ments. There were the Sioux Falls
easea against the county commissioners,
raising the point as to what, under the
law, constitutes "one-third OF the legal
voters as show by the last preceding
election" The petition presented by
the county commissioners of Minnehaha
county contained one-third of tho mum
Der of legal voters, but did not contain
one-third of the names on the poll llets
of the last general election in that coun-.
ty. The election wac called and prohl-
bItion won. The liquor men claim that
the election was illegal, as the petition
does not contain the required one-third
of the names or the poll lists of the iest
general election. The prohibitlon!sta
maintain that the identical names are
not required. The case for the liquor
d alers was argued by O. a. Winsor
OF Sioux Falls. The action OF the n
ty commissioners in calling the election
was ably defonded.by 81. b. Keith. While
all tho liquor cases were represented and
argued by able counsel, the magnet
which attracted the greatest bulk OF
brillianey and rhetoric was the Gaze OF
the territory against McMstron OF Grand
Forks, who was brought before the court
on q writ of habeas corpus.
McMatron was arrested for selling
liquor after the adoption of the local
option law in Grand Forks county, and
this is tho case upon which the law is
put to o general test. The frat to speak
agalnat the validity of the local option
law was Cy Wellington, the famous lowe
pleadsr. He said the question presen-
ted was WHISTLER the law WAS valid or un.
constitutional, if, indeed, 1t had ever
properly passed the legislature. He laid
stress upon tho fact that the case was
not before the appellate tribunal of a
atate but before o tribunal of the terri
tory. He said there was o vast differ.
ence between trying this case in a ter
f.torE and trying it in o state. in o state
all power not specially taken away by
the constitution OF the United States
Cni0ki6 i III GtntCs WAll6 II Eub tOEEl.
tory the legislature has only those pow.
ers speclsliy delegated So it by the or.
Ranie act. III the power TO prohibit the
sale OF liquor has not been delegated to
the Legislature then the legislature can-
net delegate that power to county som
m%issionerS through a local option bill
William w. Greene OF Fargo also ar
gued for the ] quor men. He was follow.
ed by Hon. W. e. Dodge, member oil
the last council, who argued that the
local option bill was never properly
passed by the legislature.
Attorney General Templeton fol-
lowed in support of the validity of she
law, quoting numerous authorities,
Judge Pratt, OF Grand Forks, took issue
with Senator Dodge as to the right oil
the court to examine the journals to dis
cover whether or not the local option
law had been properly passed. He also
a..ak :ssts with tie s:assefsaH thai Hi
journals showed that the law had moi
been enacted. The Judge was tarse and
vigorous. The argument was closed by
MIR. Sslby Of Grand Forks, who touched
upon the ven question introduced
by MIR. Wellington, and ably defended
the Law. The third liquor case argued
and n which brought ont some fine
points, was that of the territory againsI
Burton 3. Cham piop, Of Sioux Falls
Champion having been enjolned from,
selling liquor. Mr.. O. 81. Winsor at
, tackled the law very forcibly. He ssid
the only question was whether or moi
chapter 10 applied TO the city of Sions
Falls, which was acting under special
charter, giving the exclusive right te
license the sale of liquor within It'll
borders. FL. Ell, Keith, of Sioux Falls
replied to Mr.. Winsor, denying about
all that MIR. Winsor had claimed. Mr.
Keith argued at length that O specia
act is repealed by q genera
act when that appears to be the inten.
tion of the legislature. The judges hello
consultation on this case tonight, ant
ct midnight arrived at q conclusion
which Will bs promulgated IN opel
court tomorrow morning at $50.
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