Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1897-03-11
PENALTY CLAUSE CHANGED
Legislature MOdifieS the Pen
atty Clause in the Pro-
hibitiOn Law.
Leaves 1t Optional With
Courts to Fine or
lmpriSon.

Chas. Ferrier Appointed State
Veterinarian for This
District-Notes.
BISMARCK, March 5th.-The house
yesterday passed an important amend.
ment to the prohlbltory law, after long
debate. The amendment is to change
the penalty clause to read fine or
imprisonment, or both, for violations,
instead of as present Zine and imprison.
meut." The temperance peoples view
otsthe law is voiced by Representative
Francis, who said of it:
Every liquor dealer in the eastern
cities favors this amendment and every
member in this house who wants license
favors this bill, and it is therefore safe
for those who desire temperance or the
enforcement of the prohibition law to
oppose. 1t let's down the bars, and
looked at from every possible standpoint t
OF temperance it should be defeated.
Pass this bill and it means the return Of
the open ealoon 10 every city and every
hamlet in the state. Wherever people
congregate there will be the open saloon.
The offender will run on for time unr
molested and when brought before the
court and fined $500 another will take
his place and the business will 20 on as
before. To pass this bill is to say that
party platforms mean nothing.
Other members denied any foreign
liquor influence and eaid the bill would
lead to better enforcement OF the law,
and was introduced because it was i'm
possible to secure convictions under the
present severe penalties and that it
takes away none Of the power of the
Judges. 1t only gives them discretion
to make discrimination where discrimln-
alton should be made. There is no
other violation Of the law, no other mis-
demeanor where imprisonment is not left
discretionary with tho judge, and to
deny discretion in these cases was an
insult to the judges. The bill is in the
line Of decency, in the line of right, for
the penalties now are beyond what the
o6enses deserve.
g5Is3.Rck. March 5.-{spesial) The
White bill to amend the prohibition law
passed the senate this afternoon and
with the governors signature will be.
come law. The fight On the measure
was one Of the hottest in history OF legls-
lation. The bill also does away with
closing OF buildings used as saloons and
In effect makes local option law. Fines
are not less than $500 nor more than
than $1,000. Violators can be fined
once in six months or once year, or
oftener. There Is penalty for second
offense of imprisonment Of not less than
80 days,
The report OF the special house com.
mittee, to determine the condition OF the
state prohibition law, goes into details of
causes for violations OF the law.
From the testimony taken the report
says, that in various points in the state
the law is fairly we'll enforced where the
local sentiment is in favor of doing away
with the liquor traffic. That IN such
places the number of saloons is much
less than under the license system in
operation before the prohibitory law was
enacted. That the traffic IN intoxicating
liquors is materially lessened. and the
results are beneficial and conducive to
sobrlety. Continuing the report says:
That in other places there are numer-
tiagrant and open that 1t is Impossible
that they should not have come to the
notice OF the authorities, who in such IN
stances are deserving of the severest
consure for manifest neglect of duty.
From the evidence herewith submitted
it will be found that such violations of
the law exist the more numerously in
localities where the majority Of the peo.
pie are not in active sympathy with the
cause, aud not IN sympathy
with any law tending to abolish the
liquor traffic. That in such instances
the polls are freely used to secure the
election Of local officers who are more or
less hostile to the enforcement of the
law. In some such instances the officers
have connived at violations of the law:
have been aware of It's violation and
have taken no steps towards it's enforce
ment; under the guise of regulating the
traffic and at the same time deriving II
revenue for their respective municipal
ties nave practically endeavored TO evade
and nulllfy the present law, and to re.
turn to the former system OF license
That under CITY ordinances. giving Il
color OF right, licenses are issued to vari-
Gus parties to sell soft drinks" and
"liquid drinks" or run shooting
gallery and that such licenses are IN
effect. licenses to sell Intoxicating
liquors and escape prosecution by the
and are so understood by
all citizens OF the towns or cities where
they are issued. That the issuing OF
such licenses has been made an issue in
local elections, and that city officials
have been elected for the express pur
pose of issuing such licenses, and in
multiplying the law.