Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-08-08
Sheriffs Also Come Under
the Ban for Slack.
ness Of Duty
Gov. Burke Wants Saloons
Closed or the OF.
fiCeFS Removed

s.. Inc removal OF the states attorneys
and sheriffs who fail to do their du-
ty in the enforcement of the prohibi-
ton law is urged in a letter to At
torney General McCue from Cover
nor Burke, which was given to the
p:ess by the governor yesterday.
The governor says thai not With
standing the failure of the temper
ence commissioner law he is deter
mined to enforce the prohibition law,
if it can be done, and &C that end lie
addressed letter to the attorney
general, calling attention to the COM
plants that have been received by
the executive Office and directing the
attorney general to bring actions for
the. removal of county officers IF
need be, to the end that the pro-
hibition law is enforced. The letter
of the governor is as follows:
Bismarck, N. D., Aug. s., 1907. :
To Attorney General T. r. McCue,
Attorney General, State of N. D.
Dear Sir: @ FL
For some time past my attention
has been called to numberless vio-
lations of the prohibition laws Of
this state, particularly in the coun-
ties of Morton, Stark, Billings Nc
Intosh and Emmens. have on every
occasion written to the states attor-
ney of such counties and some
times to the sheriffs, calling their at
tention to their duties and obliga-
tions to enforce the law within their
respective counties, but thus far it
seems that my efforts along these
lines have been in vain. 1 am get
ting tired Of writing to sheriffs and
states attorneys, aus it seems to be
| awaste of time, and therefore call
| upon you as the attorney general of
this state to take such action in the
/ said counties as may be necessary
to enforce the law therein.
This request, or demand, is made
under Subdivision Z, Section SO,
/ relating to the powers and the duties
of the governor, which reads as fol
lows: Ia.
HE (the governor) may require
the attorney general to aid any
states attorney in the discharge 81
his duties" %
! Now it is reported to me that in
I the towns of Mandan, Glen Ullin
Dickinson Gladstone, and othel
| towns in the counties of Morton
Stark and Billings, saloons are run
ming wide open in which Intoxicating
liquors are being sold as openly Al
though no prohibition law existed Ii
this state.
This condition must cease, if 1T !
true that it exists. If it is true tina
q it exists, it would appear to me tina
, it could not exist without the know
/ ledge of the sheriffs and states al
u torneys of such, counties. If it doe
: exist with the knowledge of sue
states attorneys and sheriffs, then
request you to institute actions .
!. once to remove such sheriffs an
! states attorneys from Office, as PR
81 vided by law, and in connection wit
this I call your attention to Sectio
o 1857 of the Revised Codes of 1870
(which makes it the duty of ever
sheriff, deputy sheriff, constabl'
mayor, marshal, police judge an
!, police officer in any city or tow
] 4 having notice or knowledge of an
il violation Of the prohibition law
n notify the states attorney with tt
y names Of witnesses, and upon ii
i failure of such officers to motif
: the states attorney they are gull
j of misdemeanor and upon convictfc
4 are punished by a fine and the 70
IS fixture of office and In addition
y this a civil action for his remov
IS may be maintained
Section 9372 makes it a misd
9 meanor for any states attorney
= neglect or refuse to perform fat
3 fully and duty imposed on him u
It der the prohibition law, and on co
yiction he is liable to fine All
imprisonment and removal from {
! fice. Tt IS further provided that
g for any reason the prohibition La
Ii not being enforced in any coun