St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-02-22
Territories Have the Right to
Enact Police Regula-
ton Laws.
Armour Sends a Lobby to
Iowa to Defeat a Meat
Inspection Bill.
Fiendish Outrage Of a Little
Girl in WiSeonsin--North-
west News.
Special to the Globe.


| lowing is the decision: In the habeas
corpus case from Grand Forks: Terri
tory of Dakota eX rel. Patrick Mcmahon
VS.. Michael j. G'Connor, deputy sher-
if of Grand Forks county. The petit
toner, Patrick Mcmahon, was arrested
upon a warrant issued by justice
of the peace of Grand Forks
county upon complaint filed charg
ing the said petitioner with viola
ton of the provisions of the local
option law, and he having been held to
answer at the next term of the district
court of said county, he has sued out of
this court writ of habeas corpus alleg-
ing his Imprisonment to be illegal upon
the grounds: First, that said act of the
legislative assembly is unconstitutional
and void; second, that said act was
never enacted by the legislative as
sembly of the territory under the first
head. Numerous objections are urged
against the validity of the law which
we have examined in the order pre-
scented, and in answering the objections
raised it would be we'll to note that it is
considered that the states have power
in their sovereign capacity
TO ENACT SUCH LAWS
as police regulation, BUTT is denied that
| such powers were granted to the terri
| tories by the organic act and it is con-
| tended that the act in question is in con-
| travention of the organic law and the
constitution of the United States. 1t is
sufficient now to say that the organic act
/ of the territories is so far constitution
in character, and the temporary govern
mani NV iC cn far
| that it has the power to enact any and
all laws in the nature of police regula-
tons not in conflict with the statutes
and constitution of the United States;
that the power of legislation which ex-
tends TO all rightful subjects of legisla-
ton includes police powers; that the
! prohibition of the sale of Intoxicating
liquors is a rightful subject of
legislation and is included within the
general grant of legislative power
granted the territories; that police reg
| ulatlonS are necessarily local i'll their
character and could not well be eXer-
clsed by congress over all its outlying
| territory: that it intended to and must
necessarily have placed somewhere
outside of congress, but subject to its
ultimate control, the power of regulat-
ing the affairs of municipal concerns in
manner and by means adapted to and
in cOnsonance with the character and
necessities of the different localities,
law is not open to the objection that it
impairs the
RIGHT OF PRIVATE PROPERTY
farther than all prohibition laws may
be open to a similar objection. 1T
| rests upon the fundamental principle
that every Que shall so use his own
j in a mot M Mps vs.. "H state rs
| sup. rep 300) We have only to inquire
| as to the legality and not the eXpediency
| of legislative enactmentS, and that the
laws regulating or prohibiting the sale
| of intoxicating liquors are within the
| class of rightful subjects of Legislation
| is now too firmly established by uni
formerly of action both by the iegisla-
| ture and the courts to be now denied
by this tribunal. Nor is it, as
| suggested, in cOntraventlon of the reve-
| hue laws which grant licenses to sell in
| tOXicating liquors. They were never
| presumed to grant authority to do the
acts licensed, but contemplate raising
| CT revenue merely through the means
employed for its collection. It is not
| delegation of legislative power, nor is
the law within the prohibition of con-
| greSS upon special legislation. Under
| our theory Of government the munich
pality always had the power of local
| government. 1t is in certain sense in
| herent in the town, in the city, the
county and the subdivisions of the
SOVEREIGN GOVERNMENT.
In sense it is dormant, but is brought
| into life and allowed to be exercised by
| the legislative will. Municipal govern
| mentS have from the existence of the ma
| ton been permitted to exercise their DO
| lice powers in their own way The
municipal charters of this territory have
always granted police powers varying
! in character according to the wishes or
necessities of the locality, and unchal-
| lenged by the courts. General legisla-
| ton is often unSuited to the require
mentS Of large and sparsely settled
| country, and when such legislation is
| purely police in character, it is not in
| violation OF congressional legislation
| but is general in character, though local
| in execution. Nor is the claim open to
the last and final objection that it was
not enacted in conformity with the
| organic act and laws of the United
| States. 1t is true that the journals are
| silent as to some steps which it is urged
| the court must say were necessary to its
| enactment by the joint action of the two
| houses of the legislative assembly. The
| court does not necessarily take judicial
| knowledge of the rules of the legislative
| assembly so far as to determine that the
| act
COULD NOT HAVE BEEN PASSED
| in accordance Herewith, contrary to
| the certificate of the officers of those
| bodies. The journals are merely silent;
| they do not contradict the authenticity
| of the acts given thereto by the sigma
| ture of the president of the council, the
| speaker Of the house and the executive
| himself. If this court can examine the
| journal of. the legislative assembly in
| any case to determine whether an act
| was actually passed, it is sufficient for
| this case to say it will not declare the
law invalid by reason of the failure of
| i'll absence of any affirmative rec
| ord that it did not secure the
| concurrence Of both houses; we cannot
| say that the certificate of the sworn Off
| GERS of the two departments of the gov
| eminent do not upon their face import
verify. The defendant must be re-
manded to the custody of the officer I'M
! til discharged by due course of law.
| ALL THE JUDGES CONCURRING
except Judge Thomas, who dissents on
the ground that the law is in conflict
| with the organic act of the territory.
| which forbids the legislature from pass
ing any act impairing the rights of pri-
waite property. In the case of Burton
b. Champion. an appeal from Mime
| haha county from decree granting an
injunction against selling liquor un-
der the local option law, the follow
| ing decision which settles the dispute
as to special and general laws. The
Judgment in this case must be affirmed,
| following the opinion Of the court in
the case of the territory ex rel, Patrick
Mcmahon VS.. Michael J. O'Connell, aud
| the court further holds that chanter ".