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

were in the business. | looked up
the law and found that the legisla-
ture had enacted Il statute empower
ing municipalities to prohibit the
sale of liquors and to punish Viola
tiOns Of ordinances made to carry out
this power. But there was no ordt-
nance on the ordinance book sufficient
to enforce and make effective the
power granted. | at once drew an
ordinance and the city council unani-
mously passed it and it became a law
of the city. Under this ordinance all
places where liquor was sold or given
away unlawfully, was declared a nui-
sance, and punishable by fines and I'M
prisonment. The state law had de-
clared that all places where intoXica-
ting liquors were sold as a beverage
were n%uisances. Under this law, by
direction Of the mayor, l brought an
action against two drug stores setting
forth that they were guilty of making
demurrer was filed against these COM
plants by Cuthbert and Carlson APP
pearing for the drug stores raising the
law question that the law did not APP
ply to drugs torres. This contention was
exhaustibly argued before Judge Jones
and he held that the contention Of the
defendant was right. That the nui-
sance law did not apply to drug stores.
The law which did apply to drug
stores for making illegal sales could
only be enforced by the circuit court
on the prosecution Of the states attor-
ney. This ruling Of the court para
lyzed prosecution by the city and of
course the city government was abso-
1utefy %powerless to abate nuisances.
Under the ordinance drawn by myself,
Isaac Helmev was arrested for max
ing illegal sales Of liquor and after a
weeks trial before a jury of Canton
citizens he was convicted. The YER
dict was brought in on Sunday. No
judicial act could be performed on
that day. The law required that
Judgement should be entered at once
on the verdict but under the decision
Of the Supreme Court nothing could
be done on Sunday, 20 we adjourned
the case till Monday and then entered
Judgement. An appeal vas taken
and Judge Jones held that the law
vas mandatory and because judge
ment "a not entered at once the JUS
tice had lost Jurisdiction. On this
technicality Isaac escaped. In the
trial of this case it appeared that
parties would get a prescription from
a doctor, have it filed with directions
to have it refilled and that under such
prescriptions the corner Isaac had
been selling liquor reflling time and
time again these prescriptions. IN
der such a claim If correct, a doctor
could grant a license to a party to
get all the liquor he wanted by SIM
ply giving him a prescription. 1 do
not believe it to be the law but under
the holding of the court it was dan
gerous to try to enforce it. Number
of parties selling liquor from jugs and
holes in the wall were prosecuted and
convicted and Canton became the
cleanest town In It's history, with the
limited power which the city govern
ment passed, and Notwithstanding
that the states attorney had unlimit-
ed power under the state laws to pun
iSh violations and to close up places
where liquor was sold as nuisance and
to prosecute the drug stores, he
never made any attempt. When the
legislature met a year ago last winter,
L drew a law making it Illegal for a
drug store in towns where no license
was granted to sell intoxicated liquors
without a prescription from a practis-
ing physician and the prescription
should state that, "The liquor Is
needed and prescribed for actual sick |
ness and also stating the times and
the amount to be taken at a time and
no prescription shall be retilled and
any pharmacist violating the provis- |
ions of this section in such precinct,
or city wherein the question of
Nelson's