Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-16
Scrappers in the House Stay With the
Matter Until Report IS Reached
... on the Bill. s
Session Continued Until the Evening,
When Committee Of the Whole
Reported Favorably. .s.%
Senator LaMoure Presents an Inter
esting Communication Regarding i.
Liquor Prosecutions.
Methods of the Enforcement League
Aired Little When States
Attorney Bill Passes.
THE SENATE.

,-,ez. THE SENATE. H..
The bill making states attorneys the
only public prosecutors to have charge
of all cases unless relieved for cause,
passed in the senate yesterday, and for
its passage Senator LaMoure presented
arguments and letter from Bosard &
Bossard of Grand Forks to the states
attorney of Pembina county, W. J.
Burke, that were highly interesting. In
support of the bill the Pembina senator
spoke briefly, by way of Introducing the
communication in question, and in con-
cluslon stated that it appeared that the
county of Pembina had been robbed of
several hundred dollars by the opera
tion of the enforcement league people,
which amount should have gone to the
school fund. The law in liquor prosecu-
tions, he said, provided for the payment
of the legal expenses of trials, not for
moneys to be paid detectives and Pink
erton people.
The letter which he presented to the
senate is largely self explanatory, 1t
explains one method of the enforcement
league in dealing with liquor prosecu-
tions and is asfollows:
GRAND FoRKs, N. D., Sept. 81, 1900.
. W. j. Burke, Esq, Bathgate, N. D.
Dear Sir: Some time ago we com
menced twelve, actions against drug
stores in your county in the name OF the
state at your relation. The papers in
these cases have been served, and the
sheriff we notice by his returns charged
$lOO.55 for serving the papers in all these
cases, which we presume he has pre-
sented bill for Z, to the county and had
the same paid. 1"* 1850 r. =
In three of these cases we effected set
Elements, using our own judgment as
you advised US to in regard to the mat
ter, and have settled the cases on a basis
in proportion to the actual facts that OK
listed and the case we had against the
parties. s5s 3 ~ 4 Sc p 5. ~ Z >sli !. ~
In the case of the state vs.. Albert G
Ulm of Cavalier, we settled his case
upon the payment of $3.50 by him and
the cancellation of his permit. &c ~ ~ h
In the case of II. S. Dickinson of Crys-
tai we settled his case upon the cancella-
tion of the permit and the payment of
$1O0, and in the case of stale against G.
w. Marshall of Cavalier, we settled that
case upon the cancellation OF the permit
and the payment of $l00, SO that from
the three cases which we have settled
in Pembina county we have received
$3.50. We have paid out Of this an at.
torney feein each of the three cases Of
S5O#apiece, making $3.50. This is the
amount We have been allowed in such
actions in other counties and the amount
we believe without any question we
would be allowed by the judge in such
case when settled prior to trial
We have also charged and paid out OF
this amount the sum of $100 to the sec.
retary of the league for his expenses in
the Investigations 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. Uim case and 7S25 in 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 tc
him Of this $1OC does not more than pay
the actual expenses heShas been to, and
when the other cases are settled or tried
and anything realized on them, we can
then consider what further sum he shall
receive in these matters. This a balance
of $500, which you viii see is twice the
amount that the county has been to
the expense Of. = 5ss% 3ss5. #s I.zS.
OF course, we have not yet filed any
Of the cases with the clerk Of court, but
even when that is done the clerk car
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 Id these cases. =S::s3 s; ss3
! We enclose you "a draft payable to
Yourself as states attorney for the sum
Of 500, and you can use your own indg.
!, ment In the application of the same
/ The county should be reimbursed fol
these sheriff 8 fees which they have un
doubtedly paid Il they have not beer
, paid they should be paid and the county
reimb bursed out Of this money The
balance of it goes into the school funo
as provided in The statute.
= There sconsid derahle question whether
u or not recovery can be had In these
cases il they are properly defended Ths !.
point has been raised on us 10. Trail
county before Judge Pollock We have
not yet briefed it but we are OF tht
{ opinion that perhaps no action will lie e
recover more than actnal damages
which in these cases does not amount te
n more than nominal
Yours respectf fully,
sss u BnsARn az BosARD.