The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-04-23
CHANGE OF MIND ON
VALIDITY OF THE
LIQUOR Law
"With South Dakota Decision
as Prop it Will Go Through"
Says One Barrister.

The full decision of the South Da-
kota court anent the soliciting for
liquor orders by unlicensed solicitors.
q law somewhat similar to the law
passed at the last session of the North
Dakota legislature. Zone causing con-
siderable sorry in the ranks of the
liquor men), has just been received
in the city and the decision sets a
precedent which will undoubtedly
work in we'll with the ideas of the
North Dakota lawmakers.
Since the decision of the South Da-
kota court has been received there
has been a complete change in the
minds of many of the attorneys. con-
corning the probable outcome of the
North Dakota law. Heretofore the
general concernsus of opinion among
the legal fraternity seemed to be that
that law would be declared uncon-
stitutional, and the barristers pointed
out the defects in the law as enacted
by the legislature. The South Dakota
decision, however, has knocked the
pins from under the arguments for
though contrary to logic and to form
er rulings, it has set precedent that
will be hard to overcome.
Ne lie Inv SOuStVutlOuils
Dean A. A. Bruce of the University
of North Dakota law school, one of
the best legal minds in the northwest
and one of those who figured the
North Dakota law unconstitutional,
said this morning when interviewed
by an Evening Times representative
81 don't think there is any question
but that the North Dakota law will
be held constitutional with that
South Dakota ruling to act as prop
The ruling which has just been re-
ceived is something new and alto
gether unexpected and was made. I'M
doubtedly, to help the states in their
fight against the liquor traffic. 1t
certainly does not fit in with former
rulings and is contrary to all logic"
Parallel Insurance Case.
The South Dakota court in its de-
cision takes up a parallel insurance
case in which it was held that it was
within the power of state to prohibit
or regulate the soliciting of insurance
within its borders, though the propos-
al was accepted and policy issued in
another state. The court cOncurs in
the decision of the Massachusetts su-
preme court which says in one para
graph: while the legislature can
not impair the freedom of McKie to
elect with whom he will contract, it
can prevent the foreign insurers from
sheltering themselves under his free
dom in order to solicit contracts
which otherwise he would not have
thought of making. 1t may prohibit
not only agents of the insurer, but
also brokers, from soliciting or in
termeddling in such insurance, and
for the same reasons"
Applied to Liquor Case.
Applying this to the liquor case the
federal court says:
1.-THE ruling thus made is particu-
larly pertinent to the subject of in
toxicating liquors and the power of
the state in respect thereto. As we
have seen, the right of the states to
prohibit the sale of liquor within their
respective jurisdictions in and by
virtue of the regulation of commerce
embodied in the Wilson act is abso,
lutely applicable to liquor shipped
from one state to another. after de-
livery, and before the sale in the
original package. 1t follows that the
authority of the states. SO far as the
sale of liquor within their borders Is
concerned, is just as complete as is
their right to regulate within their
jurisdiction the making of contracts
of insurance. 1t hence must be that
the authority of the states to forbid
agents of nonresident liquor dealers
from coming within their borders to
solicit contracts for the purchase of
intoxicating liquors which otherwise
the citizens of the state would not
have thought of making" must be as
complete and efficious as is such au-
thority in relation to contracts of in
surance, especially in view of the con-
ceptions of public order and well-be-
ing which it may be assumed lie at
the foundation Of regulations concern
ing the traffic in liquor"