The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-28
LIQUOR SOLICITING
LAW IN EFFECT
JULY |
Full Text of the Bill Recently
Made Law BY Governor
Burke's Signature.

" mas Deen given out that repre-
sentattves Of the liquor interests will
test the new law prohibiting the So
Letting of orders 70 rliquor 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 vio-
lating the provisions of the law. I'm
der the provisions Of the law. the pen
alties are similarly established as in
case Of violation Of the prohibition
law. and second offenses will be so
serious that few will care to risk the
punishment for violation II 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 its constitutionality and was
pronounced by him not to be constitu-
tiOnal in its then form. The bill was
afterward referred back to the COM
mittee on Judiciary and reported back
with such amendments as were call
culated to make 1t a constitutional
ed. The bill in its present form is
as follows:
An act to prohibit the soliciting of
orders for future delivery. within
this state. of Intoxicating liquors to
be transported into the state to be
used or sold in violation of the laws
thereof, and providing a penalty for
a violation.
Be it enacted by the legislative as
sembly of the state of North Da-
kota:
Section 1. 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 permit authorizing
the sale of intoxicating liquors. any
order. direction or instruction provid-
ing for the delivery, at any place with
out the state of North Dakota, of any
spurious. malt, fermented or other in
toxicating liquors, knowing or having
reasonable cause to believe that If so
delivered the same will be transported
to this state and be used or sold
therein in violation of the laws there
or
Sec. 2. 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 5000 nor more
than $1,000, and be imprisoned in the
county Jail not less than ninety days
nor more than one year, and for every
succeeding offense shall be deemed
guilty of felony. and be punished
by Imprisonment in the penitentiary
not exceeding two years.
1t 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 rea-
sonable cause to believe that if S" de-
livered 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 or
ders from persons engaging or to en-
gage in the violation of the law in the
state against the sale of intoxicating
liquor. 1t 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 pen
alties of violation of the bill are Sc
we're enough to deter the ordinary So
licitor from violation of the law, If
it proves to be constitutional.