Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1909-01-15

Office. In fact he must be given this
power If effect is to be given to Sec
tions II and IS OF the constitution.
Section 1877 of the constitution gives
you the absolute power to provide for
the removal of all officers not subject
to impeachment. This includes all
officers except the governor, state
officers and judges of the supreme
court and district courts.
Prohibition Enforcement.
Under section 936S if the states at
torney of any county is notified by
officer or other person that has knowl-
edge himself of any violation of the
prohibition law it is his duty to in
quire into the facts and he is author
lied and required to issue subpoena
for such person or persons as he may
have reason to believe have informa-
tion to appear before him at time
and place and testify. The testimony
is reduced to writing and if the evil
dence discloses an offense committed
the states attorney is authorized to
file an information. This is an ex-
ceedingly effective way of detecting
violation of the prohibition law; but
because its constitutionality has been
questioned it is seldom >resorted to
and many states attorneys refuse to
proceed under it on the theory that
it is unconstitutional in giving to the
states attorney judicial power, name
Jy, in giving him power to issue SUBJ
poenaes and compel witnesses to ap-
pear and testify before him. This law
has been on the statute books for
eighteen years and while it has never
been tested in the courts it has be.
come practically dead letter.
I recommend, as additional legisla-
ton upon this subject, the enactment
of a new law, not one to take the
place Of this law but as additional
| legislation giving the same power to
magistrate, which, according to Sec
] ton $500 of the revised code of 1905,
means any Judge of the supreme court,
district court, justice of the peace,
police magistrate and such other Of
ficer or officers as are authorized and
empowered to issue warrants for the
arrest of persons accused of crime,
and make it the duty of the states
I attorney, the assistant states attor-
ney, the attorney general or assistant
attorney general, upon notice, to ap-
pear before the magistrate and exam
showed that an offense had been COM
n.itted the states attorney or attorney
general be authorized to file an in
formation. There would be no ques-
tion about the constitutionality of
such law on the question Of judicial
authority.
In Conclusion.
You are one of the great coordinate
branches of state government-the
legislative-triple sister of the exec
utive and judiciary. You command
the first attention of the common pa
rent, the constitution, and are subject
only to her mandates With moth
er's love for her first born she placed
around you few restrictions and made
your sisters subject to YOU Master
you are; but you cannot exist alone.
The executive and the judiciary are
just as necessary to you as you are
to them. Neither can live without the
others. Neither will try to exist
alone. Neither will hamper the 9TH
ers in the discharge of their duties.
But, all united in sisterly affection, in
tensitied by patriotic devotion to a
common mother, will labor, hand in
hand and side by side, for the honor
and glory Of our great state and the
peace and prosperity of all our people.
JOHN BURKE,