Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1889-11-07

JUDGE EDGERTON GIVES AN OPINION
OF INTEREST.
Mitchell Daily Republican.
In reply to a request Hon. A. j. Ed
gerton has rendered the tOlll wing
opinion which Will be of particular in
terest at this time:
The state of South Dakota becomes Z;
state OF and Ill the Union whenever the
president issues his proclamation under
section of the enanbllng act, common
ly called the Omnibus bill, passed Feb.
23, 1889. When the state is admitted
the Sioux Falls constitution becomes
the organic law of the commonwealth
the supreme law under the cOnstitu-
tion of the United States.
Article "a OF the constitution adopt
ed ny the people forms as much /; part
OF the constitution as any other article.
1t reads us follows:
NO person or corporation shall man
ufacture. or aid in the manufacture
for sale any Intoxicating liquor; no
person shall sell or keep for sale, as a
beverage any intoxicating liquor. The
legislature shall Dy law prescribe regu-
latiOns for the enforcement of the pro-
visions of this section and provide suit
able and adequate penalties for the
violation thereof"
Consequently as soon as the president
issues the proclamation admitting
Sounth Dakota into the fedral union
then each article OF the constitution
becomes the law, including article "a.
A violation Of any article OF the con-
stitution after the issuance OF the pro-
| clalnation is u violation OF the organic
law of the state.
Your next inquiry is harder to an
swer.
Article "a provides that the legisla-
ture shall by Jaw prescribe regulations
for the enforcement of the provisions
of this section and "provlde suitable
and adequate penalties for the viola
tion thereof"
If that clause had been omitted pos
sibly the provisions Of the enabling
act might he resorted to as fixing the
| penalties for q violation of this arti-
| Gle.
The last clause of section "a of the
enabling act reads as follows: And all
laws in force made by said territories
at the time Of their admission into the
union shall be in force in said states,
escept as modified or changed by this
act or by the constitution of the states,
respectively.
The expressed provisions Of article "a
provided that the legislature shall "pro-
vide suitable and adequate penalties"
Therefore it appears to me that While
the person who continues the business
prohibited by article "a violates the
law, yet there is no penalty for the vio-
latiUn until the legislature establishes
| one.
The next inquiry proposed by you is
how to proceed.
Section 22 of article of the consti-
tuition reads as follows: "No act shall
take effect until ninety days after ad-
| jOurnment of the session at which it
passed, unless in case of emergency, Ito
be expressed in the preamble or body
Of the act) the legislature shall by IL
vote OF two thirds of all the members
elected of each house, otherwise direct"
| If / am correct in these statements
then it would appear that
| First: The person who violates ar
ticle "a of the constitution after the
presidents proclamation admitting
South Dakota does so in violation of
| law.
Second; That there is no penalty
provided at present for the violation of
this law.
Third: That when the legislature
passes an act "providing suitable and
adequate penalties" it will not take
effect until ninety days after the adj
journment of the session-unless pas
sage by two-thirds of all the members
elected to each house in the mode pro-
yided by section 22 Of article 8 of the
constitution.
A. j. EDGEnToN.
TThe constitution of South Dakota
nodifies the law in reference to the
traffic in spirituous liquors. Ed
ALI pereons owing me OH book ac-
count are respectfully requested to call
and settle before December LIST.
JUNIA SARGENT. 4
Buy yourwinter caps from Ferguson
l 4 Go.