Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1889-04-22
lNN0CsNTLY ENACTED.

Some Alleged Legislation Having Inn
Dortant Effect Upon Eiquor license.
jamestown N. D. correspondence ST.
Paul Globe: An interesting question
has been raised in this county which
threatens to seriously affect the city
finances IN relation TO saloon licenses.
At the last legislature couple of short
end apparently insignificant acte
managed TO slip through, aud it is now
claimed that they will change the whole
status OF the licensipg question in this
and other cities. Heretofore hoenset
10 sell liquor within the city have beer
granted by the city nnder the PROVISIONS
of chapter 70 of the laws Of 1887, which
read as follows:
'.Hhat section of chapter 26 of the
general laws of 1879 be ampnued by
adding thereto, ahd provided further
that intoxicating liquors shall not be
sold in any quantities in count where
no license is granted by the county COM
missioners except es provided for in Sec
tion 13 of this chapter (relating to drug
giste), provided, that nothing In this
act all 10 any mannc: interfere with
or invalidste any license granted by any
city council acting under the authority
OF special charter or act granting ex-
elusive authority in the matter Of grant.
ing licenses for the sale of Intoxicating
liquors.
The city council hitherto has had the
exclusive power under its charter to
grant licenses within the city, this power
having been reserved to it under the
lest clause of the above section. But by
council bill, No. $50, passed at the last
session OF the Legislature. this clause is
repealed, and it Is claimed that the ex-
elusive power OF the city is thereby done
away with. This construction is dis
puted by some who maintain that on
account of the repeating clause not
specifically relating to special acts, the
CITY charter is not affected thereby. The
county commissioners have the matter
under consideration and are expected TO
take some action in the matter at their
next meeting. At present the city gets
$500 license and the county gets moth.
ing. II the new bills affect the city as
claimed license can be hoisted to $1, 800.
Saloon men are much excited over the
matter. A number of other cities, which
are working under special charters, ere
similarly affected.
A clearer view of the case may be had
from reading of the bills. No. 100
reads ss follows:
An sot TO amend section one (D OF
chapter seventy.two [72) of the laws OF
1887, relating to the sale of Intoxicating
liquors.
Be it enacted by the legislative as
sembly OF the territory OF Dakota.
Section l. That section one (D OF
chapter seventy-two (72) of the laws oi
1887. relntIng to the sale OF Intoxicating
liquors. be, and the same Is hereby
amended. by striking mt all Of said SEQ
tion after the word "chapter" in the
sixth l6th) line thereof
Sec. 2. This act shall take effect and
be In force from and after its passage
and approval.
This act being repealed it leaves the
amended Law OF 1879 in force, aud that
law provides: The first section makes
IL unlawful to sell liquors in any qaan.
tity without license. Section two
| provides that "sIl applications for {
| license to sell intoxicating liquors ahel
| be made to the board of county COM
| missIcners. Section three provides ths
hsfore any license is issued the eppli-
CAM shall prod uce o receipt of the coun-
ty treasurer, showing .hst he he's pa,t
into the county treasury the amoun
fixed by the board for such license. Thi,
amount is fixed by conncil bill No. 149
| passed at the last session, at not les
than $500 nor more than $1,000, which
1 in the event that this view of the matter
IL correct, must be paid to the count.
before the city can issue license. No
149 is ss follows:
An aot 90 amend section two ~ o
chapser seventy-ene t71) OF the laws Q
1887. relating to tks sale OF Intoxicating
liqnors.
Be II enacted by the legislative sssem
bly, Of the territory OF Dakota:
section L. That section two f2t @
ehsu.er seventy-one (7l) Of the laws O
1887, relating TO the sale OF lntoxicatin
liquors be, and the same IS hefsb
> amended to read as follows: "Ali ac'