Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-30
,eMsER or THE ASSOCIATED PRESS
EFFECT OF SUPREME COURT
I, DECISIONS,

DECISIONS.
1t will be mistake to believe
that the decision of the supreme
court declaring unconstitutional the
temperance commissioner act means
necessarily a lax enforcement of the
prohibition law or of any law. The
The supreme court has said, and the
decision seems to be sustained by
many and creditable authorities, that
the legislature cannot take from
states attorneys and sheriffs those
powers reposed by the people in their
elective officers. There is no mis-
taking the clearness of the major,
ity opinion of the court on that point.
1t is positively and forcibly ex-
pressed. But the supreme court, by
Inference at least, If not in positive
terms, declares that the people have
elected to select for themselves GER
tain officers 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. s.j Isl
There is ample machinery now in
the state for the enforcement of the
prohibition law or of any other law.
There is ample power reposed in
states attorneys and judges and
sheriffs to enforce, not only the pro-
hibition law, but all laws on the
statute books.
The decision of the upper court in
this case ought to impress the cleo
tive officers Of the people with ! q
higher and clearer, sense of their
duty in those cases where they may
have been lax. 1t should recall to
them the trust and confidence re-
posed in them by, the people. 1t
should impress them with compre-
hension of their dignity and author
ity as chosen officials of the people,
and SO approaching their RESPONSE
bilities there will be no need for any
special officers to see that they do
their duty. sszfss'ss'
Those ardent prohibitionists who
may make haste to criticise the de-
cision should remember that legal
principles are made, not to fit some
special case, but to fit the great ma
jority of cases that arise. They
must remember that laws we're made
to harmonic with honesty in public
officials and not with dishonesty or
Iaxity. In constituting laws, courts
do not take judicial notice of any
fact opposed to the idea that officials
are supposed to do their duty That
is the proper test of decision, and
that is the pirit in which it should
be received. S5a5ss
The state has all the power Of the
people themselves to see that laws
are enforced. It has the power of
3 county officials, and failing in that
the power of the attorney general
and the governor of the state, of its
courts, district and supreme, and our
present system Of legislation will fit
in with anybody of upright and hon
est officials. And the power is in the
hands of the people themselves to
see that honest officials are elected.
What we need is more men, pos
sessed of the proper conception Of
} their official duties, and not more
laws, setthg one official to watch
another. Let our officials through
all the counties act and there will
be no complaint that any law is not
enforced. AZ, y.
There need be NO fear that the
decision of the supreme court will
at all affect the enforcement Of the
prohibition law il our elected Off
cials will take from the decision of
the court the clear lesson Of their
duty as it appears written there.