Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-22

will thoroughly understand what kind
of practices are claimed to be Legal
Ethics" 1t is the duty Of the states
attorney to enforce the state laws
with reference to the illegal sale of
Intoxicating liquors, and it is also the
duty of the city attorney to enforce
such laws as the state has empowered
cities to make, and which power has
been exercised by the enactment of
ordinances, which 1t will be observed
are very limited. Mr.. Legal Ethics
states: "There is some curiosity up
on the part of many to hear what he
&c. b. Kennedy has to say" There
will be no curiosity when am thru
with this address.
Section 1884 P. G.. Gin all towns
and cities of this state there shall an
nually be paid the following license
upon the business Of selling or keep
ing for sale by all persons whose bust
ness in whole or in part consists in
selling or keeping for sale spirited,
vinOus, malt, brewed, fermented or
other Intoxicating liquor at retail,
and such fee to the town as the town
may fix not exceeding six hundred
dollars.' Section 2S3S: 'If any per-
sol or persons shall engage or be en-
gagged in any business requiring the
payment of license under Section 1884
without having paid in full the H.
n required by this article and
without having the receipt and no.
tice for such license posted up, as re-
quired by this article or without hav-
ing made, executed and delivered the
bond required by this article or shall
in any manner violate any Of the pro-
visions of this article, such person or
persons shall be deemed guilty of a
miSdemeanor, and upon conviction
thereof, if there is nc specified PEN
atty provided therefor by this article,
shall be punished by a fine of not less
than fifty dollars nor more than five
hundred dollars, and costs of prosecu-
tion, or by imprisonment in the
ty Jail not less than ten days nor
more than thirty days, or by both
such fine and imprisonment in the
decision of the court" In contempt
of this law three saloons atthe village
of Tea, without any license whatso-
ever have been running during the
past year wide open, violating the
law every day, repeatedly, and the
states attorney Of the county took no
notice Of it and made no attempt to
close them up or punish their keep
ers. Nobody but the states attorney
could do this.
Section 2S44: cit shall not be law
full for any person to sell, furnish or
give away any spirituous, malt, brew
ed, fermcnted or vinons liquors to any
man, or to any intoxicated person and
it shall not be lawful for any person
to sell, furnish or give away any spir-
ituous, malt, brewed, fermented or
vinous liquors to any person in the
habit of getting intoxicated. The
Isaacs, the saloons, the holes in the
wall, and the boot leggers, have been
violating this law repeatedly, and the
attorney took 40 action what
soever to bring them to justice. He
in his announcement that he
always prosecuted when it was called
to his attention. 1t is we'll known
that if prosecutions wait until private
parties file complaints in these kind
of cases, ninety-nine cases out OF a
hundred will not be reported and con
tempt of law will go unwhipped of
justice. Private parties hesitate to
make complaints and to engender the
enmity of their neighhors. To meet
just such cases the law has provided
a grand jury. Section 1852, of chapter
two, Code G. p, provides as follows:
mo grand jury shall be drawn, sum-
moned or required to attend at the
sitting of any court within this state
unless the judge thereof shall so di-
rect, by writing under his hand and
filed with the clerk of said court,
which order may be made by the
court upon the petition of the states
attorney in writing setting forth that
in his opinion a grand jury is neces-
sary to investigate some special or
important case or cases setting forth
the facts upon which his opinion is
founded provided, that when a grand
jury is called it may investigate any
and all cases."
In practice the court always calls a
grand jury when petitioned to do so
by the states attorney. If the run
ming of three saloons in a small town
like Tea, wide open, without license,
was not sufficient ground for a grand
jury it would be hard to imagine
what would be sufficient ground.
This means of enforcing law having
been provided and the states attorney
not having used it is certainly sufici-
ent in a candidacy for a second term
to show why he did not do his duty.
And again, a bunch of persons in the
habit Of becoming intoxicated we're
on a carouse In the town of Hudson,
and in the saloons there filled up on
liquor and were publicly drunk dur
ing a whole day. Selling liquor to
these persons in the habit of becom-
ing intoxicated was a crime and SELL
ipr IT, tn them while ntnYicatad w,c