The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-03-07
JUDGE NOWLIN,s CHARGE.

1
body; that the system could be done
away with, without injury to the eoun-
try. But we confess that after listening
to Judge Nowln's charge to the grand
jury, we, in greater measure than ever
before, realize for what it was created,
and the power it might be when consist
ing of true and earnest men, or when the
privileges it offers are made use OF by
| the people. 1t is too lengthy a docll-
ment to print in full, but we will give its
| main features:
The condition OF county prisoners
should be examined into; are they work
ed? How fed, cleanly? Have they moral
and religious instruction? The condition
OF the jail register, and cleanliness OF
the building should be carefully inspected.
under prohibition, the judge charged
that article twenty-four OF the constitu-
ton OF our state is in force, it reads:
"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 by law prescribe regulations for the
enforcement OF the provisions OF this
section and provide suitable ..and adj
equate penalties for the violation
| thereof"
"By the admission OF the state into
the Union November 2. 1889, the above
provision became the law OF the state,
and all previous laws which authorized
the sale OF liquors were by reason OF the
adoption OF article twenty-fourr repealed,
but the enforcement OF article twenty
four OF the constitution is in no way
abridged or limited by the repeal OF ar
ticle three OF the political code OF the
territory. An examina ton OF our penal
code discloses the fact that cases OF this
very character, where a prohbitory
statute or law had been enacted and no
specific punishment fixed for the VIOLA
ton thereof had been provided, are
liable to occur at any time, and in order
to provide for precisely such emergencies,
the legislature provided by section 6t17
OF the penal code, thatwhere performance
Of an act is prohibited by any statute
and no penalty for the violation OF such
statute, is imposed in amy statute, the
doing oi such act is a misdemeanor and
is punishable as such under the provis-
ions Of section 6213 OF the penal code,
! which provides a penalty for each offence
OF imprisonment in the county jail, not
|; exceeding one year, or by a fine not ex-
!. ceeding $500, or by both.'
), The charge on the usury question was
/, equally plain: "The traffic in intoxicat
= ing liquors is not the sole evil that
: curses our people to-day, but there is
s one other that is looked upon with some
!. degree OF respect and liberation anc
;, practiced by some OF our people i'll higl
J: places; that has been execrated from th'
J, earliest history OF ourworld, both sacret
q and profane, and that is none othe
: than the violation OF cur ususy law, I
r is high time that halt should be called
n in this high-handed, open and outrage
s Gus violation OF our statute. Our lay
! in respect to this subject is very plan
O and it is your duty to investigate tn
J. subject thoroughly and indict all person
q who are found to have violated tha
= portion OF the statute which is a
n follows"
7, Section 1928 as amended by the ses
i sion laws OF 1889. Any person or col
n poration contracting and receiving
e. greater rate OF interest or discount tha
ee twelve per cent upon any contrac
e verbal or written, shall forfeit the who
" OF said interest go contracted to be i,
n, ceived, and shall be entitled only to r.
OF cover the principal sum due, and if an
St part of such interest shall have bee
or paid, it may be recovered in an actio
IN brought for that purpose, or set Of in a
IN action to recover such principal. y
Is "And chapter 1873, entitled 'usury'
a. the session laws OF 1885,, makes Il
OF taking OF excessive interest a misa
d. meanor and punishable as such. Ii ye
~ us find there is any thing in the nature OF
n. conspiracy existing among money loa
IT. ers whereby they deter citizens OF I'll
an county from properly presenting al
o,t ~ properly making any defense given
he them by law, that they are not only til
ire guilty OF the crime Of usury, but OF t
as still greater crime Of conspiracy.
~ ~ Taxation is treated at length: 81
other subject that has been grea
I. abused in the past is that OF the ineqr
=.