The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-05-22

faces, who are wearing the stripes,
| performing manual labor under
| guard, not permitted to speak or con-
verse with one another and at night
| driven into an iron cage, like a fero-
cious beast-it would have a salutary
effect against the commission of
crime.
An Aptimson.
l believe that the world is growing
better each day; that organized So
ciety is reaching a higher plane OF
perfection each year; that civiliza-
ton is nearing the standard of higher
ideals. There is an evolutionary wave
of reform passing from ocean to
ocean-this is caught up by the in
dividual and the people collectively
the spirit OF morality and righteous
ness are entering more and more into
our private life. 1t is moulding rule
of conduct for the public servants of
the people.
by this rule of conduct the worth
of each individual is measured. Hon
esty is not only the best policy, but
1t is absolutely essential to success,
either in private or public life. In
this grand and noble work for the
betterment of the human race, the
uplifting of mankind, so that man may
become a more perfect image and
likeness of his Creator. the lawyer
must not forget his part in this great
drama. He, by his training and learn
ing, is better fitted to analyze and
discern the good from the bad and
thus play the character for which
his profession has qualified him.
Every member of the bar is expected
to stand like pillar of stone for that
which is right. and with an equal un-
bending attitude to condemn vice and
crime. OF the states attorneys and
attorney general this is not only eX-
pected. but it is a demand, which
must be obeyed.
Enforcing Prohibition.
"The prosecuting attorneys find
more difficulty and meet more oppo-
sition in the enforcement of penal
statutes, which make certain acts a
crime, that were not so recognized
by the common law. 1t is easy to
enforce the penal statutes. which re-
late to crimes against the person or
property. When you make on act
penal for the good of society or for
public policy you meet opposition,
from the lack of education along those
lines. The law that has caused the
police and prosecuting officers in this
state more trouble than nearly all
the other laws combined is the pro-
hibition law. Every legislature has
added some drastic measure to en-
able the state to more effectively en-
force this law. Going over the his
tory of this law, we find that the
trainers of the constitution were in
favor of prohibiting the sale of in
toxicating liquors as beverage. The
people of the territory of Dakota were
in favor of the prohibition law. be-
cause they adopted the constitution
containing a prohibition plank. Since
the adoption of the constitution the
people, through their representatives
to each legislature. have reaffirmed
their allegiance to the law. There
fore it must be conceded by every
fair-minded citizen that the great
majority of the people of this state
are in favor of the prohibition law.
However that may be, the prosecut-
ing officers have nothing to do with
this phase of the matter. 1t is our
sworn duty to enforce it as we find
it on our statute. The man who asks
you to blight your oath and not en-
force the law is not good American
citizen-he is menace to organized
society; a sower of the seeds of an
archy and strife. Those who are not
in favor of the law must content
themselves with addressing their
grievances to the legislature and
cease placing barriers and obstruc-
tons in the way of the officers, whose
duty it is to enforce it. In my opin-
ion the death knell of the open sa-
loon. the dram shop and the blind
pig has been sounded in North Da-
kota. II the law is enforced effect
lively. SO that it will operate alike
all over the state, you need not fear
resubmission, because the people will
be so we'll pleased with it that. If the
question was again submitted, they
would vote prohibition three to one.
Those who insist upon dealing in in
toxicating liquors had better cease
this illegal traffic or migrate. because
this law has come to stay. The i'm
mortal Lincoln said "A nation can not
survive which is half free and fall
slave That saying applies with equal
force in this state-one-half can not
be temperate if the other halt is per-
mitted to openly violate the law. No
immunities must be granted. All our
citizens are entitled to equal pro-
lection of the law.
House Bill 100.
There is another feature of this law
which does not seem to be fully I'M
derstood. 1t is known as house bill
No. 100, the law which authorizes
' Nff3aor IN i,nkn
quor without warrant. / take this
occasion to mention it, on account of
the many inquiries which have come
to the office relative to it's constitu-
tionality. This bill was submitted to
me for my opinion, and. upon care
full investigation, I found that the
courts OF last resort of the states of
Maine. Vermont and some of the 9TH
er states had held a similar meas
ure constitutional. I, accordingly,
gave my opinion to the state. uphold
ing the bill. It met with serious OBJ
jections in the senate by the ablest
lawyers there, on the ground that it
is unconstitutional, as authorizing a
search without warrant. In this
they were in error, because the bill
nowhere provides for a search.
If this bill provided for a search
without the procurement of war
rant, the law would be unconstitu-
tional. Our constitution provides,
The right Of the people to be Sc
cured in their persons. houses, pa
pers and effects against unreasonable
searches and seizures. shall not be
violated; and no warrant shall issue
but on probable cause. supported by
oath or affirmation, particularly de-