St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-22
Whether the Dakotas Have
Prohibition Is Not at
All Clear.
At the Time of Enactment
the Law Was Uncon-
Stitutional.
1t May Be So Now, But tho
the Courts Must Be Left
to Decide.
Two Systems Of Irrigation
1ndorsed by the Conven-
ti0n at Aberdeen.

Special 70 the Globe.
JAMESTOWN, n. D., Aug. 21.-Judge
Rose filed his decision to-day in the
Barnes county original package case
which was argued last week. In view
OF the probability that the original
package business will continue until
the next legislature meets in both Da.
kOtaS, the decision is of great interest to
the people of these states, as it defines
under what restrictions original pack.
age business might be carried on prior
to the passage of the Wilson original
package bill. The title of the case is
The State against John Bergreen, an
original package dealer in Valley City.
The complaint alleges that he sold
liquor in violation of section of the pro-
hibition law in selling i'll original pack
ages, and that under said law his place
was nuisance. An order was therefore
asked restraining him from further SELL
ing. The defense contended that the
statute prohibiting the sale of liquor
in original packages was unconsti-
tutional when it was enacted, and
is still nullity. Judge Rose holds that
tional. He says congress, having the
sole power to regulate commerce among
the states and not having granted power
to the states to legislate prohibiting the
importation and sale of Intoxicating
liquors at the time the legislative as
Sembly of the state of North Dakota
enacted the said act. the state was with
out authority to pass the act. and the
act was void when passed, and inopera-
tive in so far as it prohibits the impor-
tatiOn and sale of Intoxicating liquors.
The judge declined to pass upon the
claim that the law is still nullity, for
the reason that the acts complained Of
were committed prior to the passage Of
the Wilson bill, and hence that law
cuts no figure in this case. The infer
ence is plain, however, in his decision
that he would hold that statute still a
nullity when case is presented to him
involving that point. He decided the
provision against importation unconsti-
tutional at the time it was passed, and
the only question remaining to be de-
cided is whether it was by the Wilson
bill. revived and made operative. A
case of beer was decided to be a case Of
twenty-four original packages. He de-
cideS that original package dealers are
amenable to the state laws If they per-
mlC liquor SOlu III Orlgllluf packages 10
be drank on The premises. On this
point he says, while the importer can
import his merchandise (beer) into the
state and sell such at any place therein.
and may keep place or house in which
to store and sell it, yet as soon as
he has sold the beer and it has
passed into the hands of the pur-
chaser, and it has thus become
part of the property of the state and
subject to it's laws, he ceases to be an
importer and becomes amenable to the
laws of the state IN so far as he invites
and permits purchasers to assemble and
drink the beer he has sold in or OH his
premises. Bergreen having permitted
liquor to be drank on his premises,
Judge Rose granted an order restrain
ing him from further selling of liquor.
The decision applies to South Dakota as
well as North Dakota.