The Bowbells tribune. [volume] (Bowbells, Ward Co., N.D.) 1899-1969, 1907-06-07
BOWBELIS. N. D.. JUNE 7. 1907.
SUPREME COURT DECISION
Declaring Unconstitutional the Law Creating temperance
Commissioner Viii Simply Impress Present
Officers With Better Sense Of Duty.

Commenting the recent decision of the supreme
court declaring unconstitutional the law creating
the office of temperance commissioner, the Bismarck
Tribune advances the opinion that it will c mistake to
believe that the decision necessarily lax enforce
ment of the prohibition law of any other law. The
supreme court has said and the decision to be
tanned by many and credable authorities that the egs
laturc cannot take from states attorneys and shcrrs
those powers reposed by the people in their elective
officers There is mistakng the cearness of the maj
ority opinion of the court that point 1t is positively
and forcby expressed But the supreme court by infer
at least if not in positive terms, declares that the
people have elected to select for themselves certain Off
to enforce the laws and that their duty is clear
The other effect of the decision of the court therefore,
is declaration that the officers elected by the people
shall enforce the laws:
'There is ample machinery in the state for the
enforcement of the prohibition law any other law.
There IS ample power rerosed in the states attorneys
and judges and sherfs to enforce not only the prohb
tion law. but all laws the statute books.
The decision of the upper court in this ought to
impress the elective officers of the people with higher
and clearer Of their duty in those where they
may haye been lax. 1t should recall to them the trust
and confidence reposed in them by the people, 1t should
Impress them with comprehension of their dignity and
authority as chosen officials of the people, and apprc
cating their responsibilities there will be need for
special officers to see that they do their duty.
'"Those ardent prohbitioniss who may make haste to
crtcise the decision should remember that legal prnci
Piles made not fit special case but fit the
great majority of cases that arise They must
ber that laws made to harmonze with honesty in
public officials and not with dishonesty or axty. In
constituting laws courts do not take judicial notice of any
fact opposed to the idea that officials supposed to do
their duty That is the proper test of decision, and
that is the spirit in which it should be received.
The state has all the of the people themselves
to that laws enforced. 1t has the power of
county officials, and failing in that the power of the at
general O. of
COURTS district and supreme and system of
legislation will fit in with any body of upright and honest
officials. And the power is in the hands of the people
themselves to that honest officials are elected
'What we need is more men, possessed of the proper
conception of their official duties, and not laws,
setting official to watch another. Let officials
through all the counties act and there will be
plant that any law is not enforced
'There need be fear that the decision of the
preme court will at all affect the enforcement of the
prohibition law if our elected officials will take from the
decision of the court the clear lesson of their duty
appears written there