The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-18
North Dakota.
LIQUOR LAW IN \. DAKOTA
THE STATE ENFORCEMENT
LEAGUE
EFFECT OF LEGISLATIVE WORK

BISMARCK, Feb. 17-(Special There
has been a good deal of criticism through
the state recently of the methods of the
State Enforcement league in bringing &C
lions for the prosecutions Of the liquor
law This matter came up on the trial
OF Secretary Lindelie, of the league, at
Grand Forks on an indictment returned
by the grand jury. At that time it was
stated that there were a good many facts
with relation to the prosecution of the
drug stores in the northern part of the
state that would be brought out later
and it was even stated that a legislative
investigation of the methods of the
league might follow. Senator LaMoure,
of Pembina county, unfolded some of the
practices of the league in the state SEN
ate when his bill to shut out Bosard 81
Bosard and other private prosecutors
came up for passage The bill provides
that the states attorney of each county
shall be, with the attorney general. the
only public prosecutor in that county
and that he can only be relieved of his
duties upon a showing before the dis
trict court 1t also provides that where
private counsel is appointed to prosecute
1t must be appointed from the county
where the actions are pending. This
bill will effectually shut out the firm of
Bosard & Bosard and other attorneys
of the league and it has passed the SEN
ate and will probably pass in the house
and become a law.
The most interesting portion of the de-
bate on this question was copy of let
ter written by Bosard & BOsard, of
Grand Forks, to States Attorney Burke,
of Pembina county, treating of the man
ner in which some cases against drug
stores were disposed of. 1t appears that
twelve cases were brought against va
rious drug stores in the county, and al
though it appears from the letter that
the cases were never filed with the clerk
of the court of the county, nevertheless
the attorneys for the league went ahead
and settled the cases upon a cash pay
ment by the defendants and the canceila-
ton of their liquor permits, and received
$3.50 in cash from the defendant drug
stores. Then they held out $3.50 of this
to cover their own attorneys fees and
an appropriation of $100 to Secretary Lin
dele, who recently resigned his position,
and RENTED the balance to States At
torney Burke with the admonition that
he use his own judgment in the applica-
ton of it.
There has been some pretty vigorous
talk in the course of the session as to
this manner of bringing cases and set
Ting them upon cash payment, and re-
hitting the balance of the funds to the
counties after the Enforcement league
and it's attorneys have taken out what
they deem proper. The same proceeding
has been had in other counties and mem
be~s have been fnqui.ing what kind of ofo-
cedure it is when cases are settled for
cash consideration before they are filed
with the clerk of court. The following
is the letter of Bosard & BoSard to
States Attorney Burke and is is largely
explanatory of the vigorous kicks that
have been made. 1t has been spread upon
the senate records and will be there for
the edification of all who desire to. read:
Grand Forks, N. D., Sept. q, 13O0-W.
j. Burke, Esq, Bathgate, N D.-Dear
Sir: Some time ago we commenced twelve
actions against drug stores in your cOun-
ty in the name of the state al your re-
lation. The papers in these cases have
been served, and the she, iff we notice
by his returns, charged $100.55 for serving
the papers in all these cases, which we
presume he has presented bill for TO
the county and had the same paid.
In three of these cases we effected set
Elements, using. cur own Judgment as you
advised us to in regard to the matter,
and have settled the case on a basis in
proportion to the actual facts that ex-
listed and the case we had against the
parties.
In the case of the state against Albert
G. Uln, of Cavalier, we settled his case
upon the payment of $3.50 by him and tie
cancellation of his permit.
In the case of H S. Dickinson, of Crys-
tai, we settled his case upon the cancel
I lad of the permit and the payment of
$780, and in the case of the state against
c. W. Marshall, of Cavalier, we settled
that case upon the cancellation of tie
permit and the payment Of 800, so that
from the three cases which we have set
tied in Pembira county we have re-
ceived $3.50 We have paid out Of this an
attorney fee in each of the three cases
at $50 apiece; making $40. This is the
. how II1,r 1
actions in other counties, and the amount
we believe without any question would
be allowed by the judge in such case when
settled prior to trial.
We have also charged and maid ont of
this amount the sum of 500 TO the sec
rotary of the league for his expenses in
the investigation which have been had of
the drug stores, and the necessary ex-
penses in investigating the matters per-
sonally before the actions were com
menced, We allowed him $50 in the
Albert G. Ulm case, and $25 in each of
the other cases. This is less than he was
allowed in the Walsh county cases, as
IN those cases he was allowed and paid
the sum of $50 in each case, but the
payment to him of this 500 does not
more than pay the actual expenses he
has been to, and when the other cases
are settled or tried and anything real
lied on them we can then consider what
further sum he shall receive in these
matters. That leaves a balance of 500
which you will see is twice the amount
that the county has been to the expense
of.
OF course, we have not yet filed any
of the cases with the clerk of court
but even when that is done the clerk
can make no charge against the county,
as he is under salary, SO that this
covers all the actual expenses that the
county will be to in these cases.
We inclose you a draft payable to
yourself as states attorney for the sum
OF $20O, and you can use your own judg-
ment in the application of the same
The county should be reimbursed for
these sheriff's fees, which they have I'M
doubtedly paid. If they have not been
paid they should be paid, and the coun-
ty reimbursed out Of this money The
balance of it goes into the school fund
as provided by the statute.
There is considerable question whether
or not recovery can be had in those
cases if they are properly defended The
point has been raised on US in Trail
county before Judge Pollock We. have
not yet briefed it, but we are of the
opinion that perhaps no action will lie
to recover more than actual damages,
which in these cases does not amount
to more than nominal. Yours respect
fully, -Bosard & Bosard.
"I had the grip three morths; could
not sleep; pain all over and headache
very bad. DR.. Miles Nervine. Pain pills
and Liver Pills made me we'll Mrs.
E. c. Bowlby. Waterloo. lnl.