Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1907-04-05

| i'fS hila was tiliVlCh oll
Monday morning. This procedure
was held to be the proper one by both
Iowa and Minnesota supreme courts
under similar statutes. Wisconsin by
an old case had ruled the other way
| The circuit court followed the anci-
ent and antiquated case of Wisconsin
and dismissed the case because the
verdict was returned on Sunday. If
the judgement had been rendered on
Sunday we are satisfied the supreme
court would have held it to be void.
So we were between the devil and
the deep blue sea. If such verdict
was returned on Sunday and the
| judgement not entered, the circuit
dered we were satisfied the supreme
court would have held it void.
Mr.. Gemmill in no manner discour-
aged by these adverse decisions of Cir
cult court. determined not to be de-
feated and he took steps to have the
laws SO amended that Judge Jones'
objections and decisions would be
avoided. The statute making a drug
store a nuisance was so amended as to
make them such beyond question
when selling Illegally and also making
all places were Intoxicating liquors
were sold unlawfuily and whereft is
drank as a beverage, to be nuisanceS.
This knocks out the hole in the wall
and also the bootlegger. The statute
relating to drug stores was also amend
ed so as to prohibit the retilling of pre-
scriptiOns and providing that the
physician should prescribe the amount
to be taken at dose and the number
OF times to be taken and that the
prescription could be given for actual
sickness only.
This amended statute only applies
to towns where the vote has been
against the sale of liquors at retail.
The nuisance law applies to all drug
giSts whether vote taken or not.
| am informed that druggist in
this town is critIcising this amended
statute because it only applies to
towns where the vote has been taken.
| n this respect the statute is identi-
cal as before it amendment. If it is
subject to criticism for this reason
we are not responsible for it because
such has been she law for the past
three years.
There is substantial reason why a
prescription should not be required
in towns where the people have auth
Orized saloons.
In saloon towns the saloon can sell
Intoxicating liquors as much as they
please.
7 If party desiring liquor as med
icine was required to 90 to the trou-
BILE of procuring a prescription every
time and pay an additional amount for
it the saloon would get much of that
business to the disadvantage and loss
to the drug store.
Such law would be in favor of the
saloon and against the drug store. If
the saloon could sell without a pre-
Scri ption the drug store should be in
the Identical same position SO far as
it's legal sales are concerned and hold
ing it responsible for the illegal sale.
Such law is far to both saloon and
Drug store but when the people have
voted against the sale at retail the
drug store has the exclusive sale and
then it is the party to be restricted.
This provision applying the prescrip-
tion feature to towns where the peo-
pie have voted against the sale at re-
tail is all right.
This years fight has resulted in get
ting the laws in shape. Great credit
is due to Senator Laxson and the
members of the lower house of the
legislature for securing the passage OF
these laws Representative Cable had
charge of the bills in the house and
Senator LaXSon in the senate and
both deserve the commendation of
every fair citizen.
The law with reference to verdicts
returned on Sunday and Holidays
was also amended so as to provide
for rendering and entering judgment
on the following Monday.
The laws have now been procured.
All objections of our circuit court
have been avoided and we are in
shape to control the illegal sales and
to control or close up drug stores vio-
lating the law. and we find Messrs.
Hehney and Mold asking for saloons.
1t is plainly evident that they feel
that the restrictions placed around
them when saloons are prohibited are
such that the only safe way is to obey
the law. There is no advantage now
for them to have no saloons and we
find them in favor of them.
Then contention is made that the
expense is ruinouS.
The net expense of the liquor prose-
cutions during the past year does not
exceed $3.50. .OOand were it not for that
Sunday verdict we would have been
ahead. Mr.. Gemmill is now legally
armed with law and if the people of
Canton want temperate clean town
it is to the interest Of all to hold up
his arms and he will give them just
such q town.
The people of Canton have voted
nearly twenty times against the sa-
loon policy and still a few can be
found to say that it is to the interest
of the city to have saloons. Our pol
icy is established by nearly twenty
elections and such arguments as are
daily made on the street show no suf-
fcient reason why this policy should
be changed.
G. B. KENNEDY.