The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-05-31
COMMISSIONER law
IS USURPANT.
DECISION
Of Supreme Court Knocks Out
Temperance Commissioner
of North Dakota.

Bismarck, N. D., May 31.-The state
of North Dakota has no temperance
commissioner. as the supreme court
has declared the temperance commits
sioner law unconstitutional.
The decision followed as an anti
chapter in the E. G. Patterson cases,
in which developments have followed
rapidly for several days. Patterson
was held to bail on four charges for
violation of the prohibition law.
Through his fundamentally it has
been claimed. grand jury was called
and Judge Corliss, of Grand Forks,
was employed by the county commits
sioners of Burleigh to assist the states
attorney in the presentation OF the
cases before the grand jury. Judge
Winchester, of the district court, for
babe Corliss to appear before The
grand jury, on the ground that the
statute provided that the states at
torney only should be admitted to the
grand jury room. Judge Corliss de-
liberately violated this order of the
court, for the purpose of making test
case before the supreme court. He
was constructively placed in jail and
then sued out writ of habeas cor
pus, claiming the right to go before
the grand jury on three grounds:
First, because he was assistant states
attorney under appointment; second,
because OF his employment by the
county commissioners, and third, be-
cause he had been appointed as dep
uty temperance commissioner. under
the new law, which gives the commits
sioner and his deputy all the powers
OF states attorneys. Assistant U. s.
Attorney B. D. Townsend, who is ap-
pearing for E. G. Patterson, entered
the case In opposition to the conten-
tons of Judge Corliss, and made an
attack on the constitutionality of the
temperance commissioner law, hold
ing that the legislature could not del
egate to an appointive officer the rights
which have been delegated by the
constitution to the elected servants of
the people. 1t was on this ground
that the supreme court held the law I'M
constitutional and says in its men,
crandum opinion by Judge Fisk: "The
people, in framing the constitution,
were careful to safeguard this right
In unmistakable language by provid-
Ing In effect that certain public duties
should be performed by persons
elected by them and among the pub
lie duties to be only thus performed
are those of states ATTORNEYS and
sheriffs and the courts of this country
in an unroken line of authorities have
never hesitated when occasion re-
quired it to declare such legislation
null and void. as being violative of the
fundamental principles of our repub-
llcan form OF government. BY the
express provisions OF the law in ques-
ton 1t is enacted that the enforce
ment commissioner, who is a mere
appointee and not elected by the peo-
pie. may, whenever in his Judgment
ne thinks it necessary or advisable.
appoint any number of so-called en-
forcement sheriffs in any county in
the state. without even consulting the
wishes OF the citizens of such county
and even against their will and such
appointive officials are clothed with
all the powers and duties in the en-
forcement Of the prohibition laws
possessed by the sheriff whom the
people have, by their constitution ex-
pressly said shall be elected by them.
The same is true with reference to
SSNeS . uoIOIuCyo duu Iu0 PERFORM.
ance of their duties. If this can he
done as to these constitutional Of
ficers and as to the enforcement of
this particular statute 1t can be done
as to all such officers and the enforce
ment OF all criminal statutes and thus
the cherished and carefully guarded
constitutional rights of local govern
ment would become mere mockerv.
We venture the assertion that no
american court ever upheld such q
law
In the general case. the supreme
court holds that Judge Corliss has no
authority to go before the grand Jury
on any of the grounds claimed. judge
Spalding, of the supreme court, dis.
sents from the opinion with reference
| to the temperance commissioner law
| The decision will be a grievous dis.
appointment to the ardent prohibi-
tionists through the state, who relied
much upon the law, and abollshes the
Office created by the last legislature
and held by George Murray, Of sher.
brooke. 1t is generally conceded
however, that the court based its de.
cisfon upon established precedents
and decisions, and the court says that
II such legislation is permitted an.
| pointive officers might entirely usuru
| the functions of the officers chOsen nv