Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-24
THE ANTl-soLlclToRs BILL.

THE ANTESoLiClTORS BILL.
It has been given out that represen-
tatives of the liquor interests will test
the new law prohibiting the soliciting
of orders for liquor in the state. AS
the bill did not have an emergency
clause, there will be ample time before
the first of July to map out test case
in behalf of the first unfortunate who
is arrested for violating the provisions
of the law Under the provisions of
the law. the penalties are similarly
established as in the case of violation
of the prohibition law, and second
offenses will be so serious that few
will care to risk the punishment for
violation If the law stands.
Senate Bill No. Is, which is the law
in question, is considerably different
from the original bill that was intro
duced. The original bill was referred
to the attorney general for his opinion
as to it's constitutionality and was pro-
nounced by him not. to be constitution
al in its then form. The bill was
afterward referred back to the COM
mittee on judiciary and reported back
with such amendments as were cal
culated to make it constitutional bill,
il such a result could be attained. The
bill in its present form is as follows:
An Act to Prohibit the Soliciting Of
orders for Future Delivery, without
this. State, of intoxicating liquors to
be transported into the State to be.
used or sold in violation of the laws
thereof, and Providing Penalty for a
Violation. IS
Belt Enacted by the Legislative AS
" sembly Of the State of North
Dakota: 3.s
Section i. 1t is hereby declared to
be unlawful for any person to know
ingly solicit or procure from, or to
aid in soliciting or procuring from,
any person within this state, not a
druggist holding a permit authorizing
the sale of Intoxicating liquors, any
order, direction or instruction pro-
viding for the delivery, at any place
without the state of North Dakota.
of any spurious, malt, fermented or
other intoxicating liquors, knowing Or
having reasonable cause to believe
that If SO delivered the same will be
Z transported to this state and be used
or sold therein in violation of the
laws thereof. .t;s
Sec. q. Any person violating the
provisions of section / Of this act,
shall for the first offense be deemed
guilty of misdemeanor, and upon
conviction thereof shall be fined in
any sum not less than two hundred
nor more than one thousand dollars,
and be imprisoned in the county jail
not less than ninety days nor more
than one year, and for every succeed
ing offense shall be deemed guilty Of
felony, ana be punished by imprison-
ment in the penitentiary not exceeding
two years.
IT will be noted that the law now
provides that the soliciting of orders
for liquor in the state is unlawful
where the solicitor knows or has
reasonable cause to believe that If SO
delivered without the state the LIQUOR
will be transported into the state and
sold or used in violation Of the laws
thereof. " This would seem to make
the bill apply only to soliciting of
orders from persons engaging or to en-
gage in the violation OF the law in the
state against the sale of intoxicating
B liquors. It would probably not affect
the soliciting of orders for liquor for
private or personal consumption or for
any purposes to which liquor may
properly be put in the state. The
penalties Of violation of the bill are
severe enough to deter the ordinary
solicitor from a violation Of the law.
i q II proves to be constitutional.