Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-05-12
The Prohibition Article in the Con-
stitution Held to Have Been
Legally Adopted.
Held Further That the First Legis-
lature Had Authority to Pass
Prohibition Law.
Another Important Decision Affect
ing the Liability of a Married
Woman
Made Liable On a Note Signed BY
Her As Surety for Her
Husband.

Sheriff Donnelly Meets With a
Mishap in Attempting to Dis
arm q Lunatic.
From Wednesdays Daily.l
The Supreme Court.
The supreme court finished the most
important term ever held and adjourned
Yesterday. The decisions in three i'm
portant cases we're handed down, as fol-
lows:
THE PENITENTIARY CASE.
The syllabus by the court in the peni-
Tertiary case, is as follows:
Section l, chapter SO, laws IF 1889,
which provides for appointment of trus-
tees of public institutions, including the
p~enitentiary, examined and construed.
The section contemplates that such trus.
tees shall Except in cases of vacancy be
appointed by the concurrent action of
the governor and senate, and when so
appointed that such trustees shall con-
tinue in office not only until the expira-
ton of the prescribed term for which
they are chosen by the action of both
the governor and senate.
1t is accordingly held, that trustees
who were appointed by the governor and
confirmed by the senate at it's session in
1881, for a term of two years, are law
fully entitled to hold over after the ex-
plration of the term of two years for
which they were appointed, notwith-
standing the fact that the governor in
due time nominated their successors, and
the senate which assembled in 1898 ad-
lourned without confirming them, or
confirming any successors of the trus.
tees appointed in 1891.
The expiration of the prescribed term,
when coupled with the fact that the
senate adjourned without confirming
successors of trustees in office under q
former appointment, will not operate to
create a vacancy in the office, which
under the statute can be temporarily
hlled by the governor. The vacancies
contemplated by the statute are actual
vacancies and such as arise from death,
resignation and like causes.
Under section 70 of the state consti-
luton the appointing power Of the gov
ernor is confined to filling vacancies in
olhce in cases where no other mode is
provided by the constitution or laws for
filling the same.
LIABILITY OF MARRIED WOMEN.
lhe syllabus in the Ease of the
Colonial & United States Mortgage
company vs.. Orlando Stevens and Ellen
A. Stevens, is as follows:
a married woman is liable on q note
signed by her as surety for her husband
dl'nough she does not charge her
separate estate with the payment
thereof.
H PROHIBITION s.
me syllabus in the prohibition case
etate OK rel. William Larabee vs. Oscar
y. Barnes, sheriff Of Cass county, is as
follows:
Congress-, by an act approved Feb. %,
1885, known as the Enabling Act,directed
"e people in what ia now the state Of
Noftn Dakota to elect delegates to q
Constitutional convention, which conven-
"o' should formulate q constitution to
submitted to the qualified electors for
"is'r adoption, and provides for the
submission at the same time of separate
u'cles or ordinances and required for
"e'r adoption a majority Of the legal
,o'eS cast" Article 20 of our constitu-
.on' known as the prohibition article,
""' 80 submitted for adoption. At the
s''"e Time under a provision of the pro-
r y" constitution a full set Of state
'"'cers was elected. Said article 20 re.
owed majority of all the votes cast
'n the question of the
nopt'on of the same, and upon
."' question of the adoption of the con-
'."''on, but did not receive a majority
M "'o votes cast for governor. Held,
sald article 20 was legally adopted.
a., ."'a Enabling Act provided that the
~. a'e officers should exercise all the
n "'c'lohs of their offices when North
"A''a was admitted as a state and that