Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-01
SENATE

# oEINfA
Both houses Of the legislature jad-
journed yesterday for a week. he sem
ate amended the house resolution for
adj ournment BY adding two days to the
recess period, and the house concurred
in the amended resolution. Many of the.
members Will visit their homes during
the recess and the halls Of legislation
will be deserted and quiet for a week.
L The senate celebrated the forthcoming
adj ournnent by INTRO ducing another
-grist of bills, including a number Of the.
insurance bills intend led to make uniform
the insurance laws Of the state and en-
body the features commended by the
general commission Of insurance COM.
1nissioners through the country a
Held Unconstitutional.
The bills that provided for penalties
for#the soliciting of orders for liquor il
the state and that were referred to T. T..
F McCue, attorney genera, for an
opinion as to their nstitutionality,
were reported back BY the attorney gen
.eral with the opinion that So far as they
applied to sales made outside the state,
which was held to be the place of sale
in orders given Of solicited for the sale
sof liquor BY statesmen from other states,
they were unconstitutio
The letter Of the attorney general, as
referring to Senate Bill 78, was as fol-
lows: 5e,j. H 5s
Gentlemen In pursuance to the re-.
quest of your honorable body for my
opinion as to the onstitutionality Of sem
ate bill introduced BY Mr.. Pierce BY re-
quest, I beg to submit the folloWing
First Section Of this bill makes
it unlawful for any person TO knowingly,
solicit OF procure from, OF aid in solicit
ing OF procuring from any person with
Z in this state, not a druggist holding A
\ permit, an order for Intoxicating liquors.
TO be used as a beverage in the state Of
North Dakota The intent Of the bill is
to nakeit a crime to solicit or procure
orders iii this state for Intoxicating III
quors, and ii is meant to cover cases of
representatives. Of liquor houses from
other states who come into this state and
4 solicit orders for Intoxicating liquors to
4 be shipped from outside states.
Where orders are taken for intoxicat-
ing liquors in this state and are sent out
q side Of the state to be filled and APP
B proved, as a matter of law, the sale Of
the liquor takes place in the state where
Y the order is approved and shipment
made.
The question IS, therefore, whether
this bill attempts to regulate a matter
which is within the inherent police
power Of the state Or wherner it is cons
trary to section 8, article |, Of the con-
stitution Of the United States, pertain
ing to the regulation Of interstate COM
1nerce between the several states. Such
I laws as this have been attempted BY seys--
erai Of the states, and the courts hold
that such legislation is not within the
police power Of any individual state and
that the same is contrary to the constitu-
& ton Of the United States, and therefore
void, am, therefore, constrained 70
hold that the above bill, by its proyi-
sions, IS unconstitutional, and # the leg
islativc assembly should pass i, i could
not be enforced. AS sustaining my
opinion cite the following cases:
Robbins VS.. taxing District No. 1870,
u. S. 494
State IS. Hanaphy 80 N. NY. tIowa1
6oi.
sLeisy u. Hardin, 1856 u. S. 100
After the presentation Of this COM
iliunication Senator Simpson moved that
both bills be indefinitely postponed SEN
ator Pierce moved as substitute that